YES!!!!

Yesterday, the US Justice Department filed its reply brief in Smelt v. United States, urging the repeal of DOMA, the Defense of Marriage (anti-gay) Act!! This act denies benefits to domestic partners of federal employees and allows states to reject same-sex marriages performed in other states. The White House released President Obama's statement in conjunction with the filing:

Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress. I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law.

YES!!!!

Noting that the government has a duty to defend the rule of law and is therefore doing so, the DOJ states in its reply brief:

With respect to the merits, this Administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal. Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Department disagrees with a particular statute as a policy matter, as it does here.

Smelt, DOJ reply, at 2. The DOJ nevertheless asserts:

[T]he United States does not believe that DOMA is rationally related to any legitimate government interests in procreation and child-rearing and is therefore not relying upon any such interests to defend DOMA’s constitutionality.

Smelt, DOJ reply, at 6-7. This is a good first step toward granting equal rights and benefits to gay couples!