Editor’s Note: A version of this article was published by American Thinker. Click here to read it.
Republican leaders in the House are doing what President Obama and Attorney General Eric Holder have refused to do — defend the Defense of Marriage Act (DOMA). Ironically, the first case on deck is over homosexuals suing to pay fewer taxes. This, just days after President Obama said patriotic Americans want to give back to their country — in taxes.
The challenge to DOMA was brought by Edith Windsor, an 81-year-old lesbian who claimed to be married to a Canadian woman. Since their “marriage” is not recognized by the IRS, she could not claim a marital tax deduction when her companion died, and owed more than $350,000. Edith is represented by the ACLU.
Last week in a highly-partisan speech on the deficit, President Obama said the rich “want” to pay more in taxes:
“And I believe that most wealthy Americans would agree with me. They want to give back to the country that’s done so much for them. Washington just hasn’t asked them to.”
A few years ago, Vice President Joe Biden said it is “patriotic” to pay higher taxes. In an interview on ABC’s Good Morning America, he said:
“We want to take money and put it back in the pocket of middle-class people It’s time to be patriotic time to jump in, time to be part of the deal, time to help get America out of the rut.”
So, does the Obama administration believe that Edith Windsor and the ACLU are unpatriotic for not wanting to pay more taxes?
While the Obama administration’s dereliction of duty is appalling, it is good news that they are not entrusted with defending the law. Their previous work was so shoddy that the courts were not given a reason to uphold DOMA.
The House has hired former Solicitor General Paul Clement to represent the federal government in the case in New York. When in the Bush Administration, Mr. Clement successfully defended the Partial-Birth Abortion Act. He’ll do a far better job than the far-left lawyers that Holder has brought into his department.
Since the Department of Justice (DOJ) will not defend the law, Speaker John Boehner (R-Ohio) is seeking to cover the costs for legal expenses by diverting funding from DOJ’s budget.