Maggie Gallagher, Chairman of NOM — the National Organization for Marriage — today told Fox News that Obama’s decision to not defend DOMA in court is an “end run around our normal constitutional processes,” despite the fact that there are at least thirteen instances where the Department of Justice has refused to defend laws in court. Gallagher claims Obama’s DOMA decision to be a political move, “now that he faces a Republican-dominated Congress.”
Gallagher, never afraid to speak her mind, despite the fact that doing so often reveals her racist and bigoted ideas, says, Obama has “unilaterally declared that gay is like black.” Implicit in the right-wing talking points is the Fox News anchor who “interviewed’ Gallagher, who claims there is a “gay and lesbian lobby” who have “pushed to make gay and lesbian people a protected class.” Behold, the great gay conspiracy!
Gallagher says she has no recollection of a DOJ refusing to defend any law. Well, Maggie, let me refresh your memory, thanks to John Aravosis at AmericaBlog:
“George W. Bush (ACLU et al., v. Norman Y. Mineta – “The U.S. Department of Justice has notified Congress that it will not defend a law prohibiting the display of marijuana policy reform ads in public transit systems.”), Bill Clinton (Dickerson v. United States – “Because the Miranda decision is of constitutional dimension, Congress may not legislate a contrary rule unless this Court were to overrule Miranda…. Section 3501 cannot constitutionally authorize the admission of a statement that would be excluded under this Court’s Miranda cases.”), George HW Bush (Metro Broadcasting v. Federal Communications Commission), and Ronald Reagan (INS v./ Chadha – “Chadha then filed a petition for review of the deportation order in the Court of Appeals, and the INS joined him in arguing that § 244(c)(2) is unconstitutional.”) all joined in lawsuits opposing federal laws that they didn’t like, laws that they felt were unconstitutional.”
But Gallagher moments later points to the very situation she said seconds before never happens, the executive branch refusing to defend a law.
Which one is it Maggie?
And the rest, as they say, is history.