Eminent DOMAin?

In 2004, a younger Barack Obama sat down with a reporter from the Windy City Times and made no secret of his disgust over laws that protect traditional marriage. "When Members of Congress passed the Defense of Marriage Act, they were not interested in strengthening family values or protecting civil liberties. They were only interested in perpetuating division... Despite my own feelings about an abhorrent law, the realities of modern politics persist."

If the latest reports are any indication, those "realities" are about to face their biggest test yet. Two federal appeals court judges in California have launched a fierce strike on DOMA, ordering the federal government in two separate cases to disregard its own law and provide health benefits for the same-sex partners of federal employees. The rulings, which smack of judicial activism, are a direct challenge to the Defense of Marriage Act which defines the word "spouse" as a person of the opposite sex. Initially, Uncle Sam's HR department--the federal Office of Personnel Management (OPM)--fired back, directing insurers not to comply with the court orders because they violate federal law. Now, the decision to act may have fallen in President Obama's lap, leaving him to choose between ignoring the court and implementing his extreme social policy.

Although the President's tone may have drastically changed since 2004, his agenda has not. Even the White House website hints at where the administration will lean. "Obama also believes we need to repeal the Defense of Marriage Act and enact legislation that would ensure that the 1,100+ federal legal rights and benefits currently provided on the basis of marital status..."

With John Berry, the first openly homosexual Director of OPM, on one side and dipping approval ratings on the other, Obama will have to decide if he's willing to make such a high-stakes gamble with the public's goodwill. Of course, there are plenty of reasons not to tamper with DOMA. Apart from being morally challenged, the idea is bad on economic grounds. Estimates put the cost of federal same-sex partner benefits at roughly $670 million over the next decade.

If the President wants to avoid a messy political battle and steer clear of violating the grassroots' trust, the White House has plenty of precedent to lean on in refusing the order. In 2007, the Department of Labor withstood a similar assault and won the right to refuse these same benefits on the grounds that DOMA bars the government from recognizing same-sex "marriage." At its heart, the debate over what constitutes marriage should be a matter of congressional and voter review-not judicial fiat. Laws like DOMA cannot be subject to the whims of two liberal judges, else--like marriage--those laws would soon hold no meaning.

To voice your concerns, call the White House switchboard at 202-456-1111 and ask President Obama to respect the values of mainstream America. (frc.org)