Presidents don’t have the right to pick and choose what laws they will defend or enforce. Based on the rationale that Attorney General Eric Holder gave, I think Governor Mike Huckabee had it right in a recent interview with Laura Ingraham when he suggested that he also should then quit defending the health care reform law since it too has been deemed unconstitutional. Oh no that won’t happen since President Obama doesn’t believe it to be unconstitutional!
Here’s the point I think everybody is missing. While there are currently no lawsuits challenging section 2 Congressman Paul, rightly, expresses concern because that may not always be the case (now I’ll admit that he doesn’t seem to recognize that same-sex marriages are already allowed in Iowa, but I think his larger point remains in tact). I am also unconvinced that the Department of Justice would make a spirited defense if section 2 is challenged. I also believe it is just a matter of time before it is challenged, and I don’t believe most homosexual activists would have any problems having gay marriage imposed on other states. If it is found unconstitutional in a lower federal court will then President Obama change his mind on this as well?
Again, the President can’t just pick and choose which laws he will defend.