President Obama has told the Justice Department to stop defending the constitutionality of the Defense of Marriage Act, a law that bars federal recognition of same-sex marriages. But White House Spokesman Jay Carney said today that Obama’s legal opinion is “distinct” from Obama’s own personal view of gay marriage. “The presidents personal view on same sex marriage I think you have all heard him discuss,” Carney told reporters. “That is distinct from this legal decision.”
In December, Obama said his past opposition to gay marriage was “evolving,” though he stopped short of announcing a change. “I struggle with this,” the president said. “I have friends, I have people who work for me, who are in powerful, strong, long-lasting gay or lesbian unions. And they are extraordinary people, and this is something that means a lot to them and they care deeply about.”
The new filing amounts to a reversal for the Justice Department. In June of 2009, the Obama Administration filed briefs defending the constitutionality of the Defense of Marriage Act. The filing ignited a firestorm of criticism from the gay-rights community, which culminated in a series of White House announcements on gay rights in the federal workforce. It was not the first time that Obama tried to distance himself from a legal argument made by his own Justice Department. He had previously said that early Justice Department filings claiming State Secrets as a reason to dismiss lawsuits had been “overbroad.“
To recap: Obama’s Justice Department has effectively reversed itself on its view of the constitutionality of the Defense of Marriage Act. Obama agrees with that reversal as a legal matter, but is not yet ready to say that he supports same sex marriage. Now put that on a bumper sticker.