by Michael Foust, posted Monday, August 17, 2009 (15 years ago)
WASHINGTON (BP)--Following weeks of criticism from the homosexual community, the Obama Justice Department filed a legal brief Monday arguing that children do not necessarily need a mother and a father and that same-sex households are equivalent to traditional households for child-rearing.
"It is very disappointing that the [Justice Department] has rejected the idea that kids do best in homes with a married mother and father."-- Attorney Brian Raum
The legal brief, perhaps ironically, was filed in defense of the federal Defense of Marriage Act, although the brief made clear that the administration believes the 1996 law is "discriminatory" and it "supports its repeal." DOMA, as it is often called, gives states the option of banning "gay marriage" and prevents the federal government from recognizing such relationships.
It's the first time the Justice Department has stated the administration's opposition to DOMA, although Obama himself has said as much on several occasions, including doing so again Monday.
The brief was filed in U.S. District Court in California in reaction to a lawsuit by a California homosexual couple, Arthur Smelt and Christopher Hammer, who are "married" and are seeking to overturn the Defense of Marriage Act. The Justice Department filed its first brief in that case in June -- a brief that was criticized by the homosexual community because it made, in several instances, conservative arguments regarding DOMA. In its latest brief in the case, the department backs away from some of those arguments and offers a significantly weaker defense.
The Justice Department argues the two men lack standing in the case.
"With respect to the merits, this Administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal," the brief states. Read More
