Search  |  Login  |  Register

By Jay Sekulow1307572990000

The Defense of Marriage Act (DOMA) was passed by Congress and signed into law by then President Clinton to give states the right to decide whether to recognize a same-sex marriage from another state.

Yesterday, President Obama declared that law unconstitutional, and instructed the Department [of Justice] not to defend the statute in court.  This is a disturbing policy reversal.  Just last month, the White House press secretary told reporters, [W]e cant declare the law unconstitutional . . . [W]e . . . have to represent the viewpoint of the defendant.

The idea that the President of the United States can order the Department of Justice not to defend a law, duly passed by Congress and signed into law by the President, should send shockwaves through anyone who is concerned with civil rights and civil liberties.  The President isnt a king.  He doesnt get to make decrees.  He is the chief executive with the responsibility to enforce existing laws even laws he doesnt like. 

Article II, Section 3 of the Constitution specifically provides that the President "shall take Care that the Laws be faithfully executed," and this includes defending those laws in court.  The President and his Department of Justice have an obligation, an affirmative obligation, to defend every law unless the Supreme Court of the United States were to declare it unconstitutional.  Under the landmark case Marbury v. Madison, the Supreme Court has the right to review acts of Congress.  The President doesnt get to make that decision on his own.  It violates the principle of the rule of law.  Our nation cant have the President, acting as a monarch, decide to issue a decree.  That is not how a representative democracy works.

The Department of Justice is the party that has legal standing to defend a suit against a federal statute.  With activist groups already challenging DOMA, who is going to be the defending party here?  While Congress should be able to intervene to defend the statute, this would not be necessary if the President would fulfill his Constitutional obligation. Congress should not be required to do the Presidents job.  The Constitution sets up a system where Congress passes the laws and the President, the chief executive, executes and enforces those laws.

President Obama should reconsider the dangerous precedent this sets and uphold the rule of law.

Major Victory for Religious Liberty

By Skip Ash1435785489308

This week, as we celebrate our Independence Day, securing the blessings of liberty, we have a major victory to report for the religious liberty of those who defend our freedoms. Recently, I told you about Major General Craig Olson, USAF , and how he was attacked by the anti-Christian Military...

read more

Protecting Military Religious Liberty

By Skip Ash1432751335761

We’ve been recently reminded of the fact that Christians need to remain alert to protect against the constant attacks mounted by religiously hostile groups and individuals directed at religious free exercise and the sharing of religious sentiments in the U.S. Armed Forces. We discussed the most...

read more

Regular Discrimination of Churches?

By Abigail A. Southerland1432221530309

Four years ago, we filed suit against the Town of Vestal, New York on behalf of a Christian, non-profit organization seeking to provide a much needed ministry in that area for women recovering from addiction and emotional problems. For years, the organization successfully operated in a neighboring...

read more

Stop Attacking Faith in the Military

By Skip Ash1432126800000

If there was ever a misnamed organization, it would have to be the Military Religious Freedom Foundation (MRFF). Masquerading as a religious rights organization, the MRFF’s real purpose appears to be silencing those whose religious beliefs it opposes—especially if they are Evangelical Christians.

read more