As news broke of President Obama’s decision not to defend the unconstitutional Defense of Marriage Act in a court of law, Fox News invited the National Organization for Marriage (NOM)’s Maggie Gallagher to discuss the development. Gallagher, who’s organization has been spearheading the fight against marriage equality, chastised the president for declaring that “gay is like black” and promised to “push very hard” to urge the House of Representatives to defend the law in the administration’s stead:
This is an end-run really around our normal constitutional processes. And we’re going to be seeing a lot more of this by President Obama now that he faces a Republican-dominated Congress. Not only is he refusing to defend the law, but he has unilaterally declared that gay is like black that orientation is subject to strict scrutiny. [...]
Here is the good news Megyn, President Obama wasn’t really defending this law at all. His Justice Department was trying to throw this case and I think this now open up for the House to intervene in this case and to get somebody in court who actually wants to defend the law. So in a backwards way, I think it’s going to end up being good news for the Defense of Marriage Act.
There is no indication that the House will pursue this strategy, however. In a statement issued this afternoon, House Speaker John Boehner (R-OH) said, “While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation.”