Looking through some old issues of National Review I found an excellent opinion piece by Judge Robert Bork (3/21/11) destroying the Obama Administrations Feb. 2011 decision to no longer defend the Defense of Marriage Act (DoMA) in court. It may be that the institutional support of the Solicitor General’s office would still have helped, but Speaker John Boehners decision to defend DoMA using former Solicitor General Paul Clement has certainly minimized any damage. Bork’s powerful history lesson is worth reviewing as DoMA heads to the Supreme Court.
More recently, it should be noted that the Illinois attorney general, Lisa Madigan, is pulling a maneuver similar to Holders (and California Jerry Browns) that is, refusing to defend that states marriage law. See article.
Chicagos Thomas More Society’s June 14 press release on the decision of the Cook County States Attorneys office to also not defend the states valid marriage law states in part:
We are disappointed in the Cook County States Attorneys office for not defending this valid law, passed with broad bipartisan support in the General Assembly. While the plaintiff couples in the case are from hundreds of miles outside of Chicago, Lambda Legal and the ACLU sued only the Cook County Clerk and excluded from the case the local clerks for these couples. Todays announcement by States Attorney Alvarez makes it clear that this lawsuit was an inside job from the beginning, a crass political move to force same sex marriage on all Illinoisans without providing the residents of the other 101 counties an opportunity to be heard. The Thomas More Society is preparing legal papers to defend the law and prevent this collusive end run around the will of the people of Illinois and their General Assembly.