The Obama Administration provides a
less offensive brief in support of DOMA. But, disagreement on a "policy" ground is not enough. If it is "discriminatory" it is UNCONSTITUTIONAL. The "rule of law" (selectively upheld, see torture) includes the "supreme" law of the land. Its limited defense also provides thin "rational basis," particularly since DOMA did more than uphold the status quo. OTOH, this might not be the strongest lawsuit in the pipe. See, e.g., the one pending in
Massachusetts and the
Boies/Olson lawsuit.
