While the federal Proposition 8 lawsuit continues its battle in federal court, leaders in the LGBT community are casting a suspicious eye on the White House, asking whether or not our 'fierce advocate' up there is going to come to our aide when thousands of same-sex couples in California most need him.
The argument that the Department of Justice used to defend their defense of DOMA in federal court was that they have a duty to defend federal law. Well, this may or may not be true--certainly, there is a lot of credible evidence supporting that this would be correct protocol for any non-dictator President. However, Prop 8 is state law, not federal law--if the Department of Justice chose to file a brief in the case, they would be free to take whichever side they chose, and certainly take side against the law: as Bush's DOJ did on many occasions.
President Obama will, in all likeliness, not actually weigh in on this minefield, however...
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