Main | Thursday, June 18, 2009

Barney Frank Flip-Flops On DOMA Brief, Now Says He Supports It

Sen. Barney Frank, who issued a criticism of the DOJ-DOMA brief two days ago, yesterday said that he spoke before reading the brief and now supports it. From his official site:
“When I was called by a newspaper reporter for reaction to the administration’s brief defending the constitutionality of the Defense of Marriage Act, I made the mistake of relying on other people’s oral descriptions to me of what had been in the brief, rather than reading it first. It is a lesson to me that I should not give in to press insistence that I comment before I have had a chance fully to inform myself on the subject at hand.”

“Now that I have read the brief, I believe that the administration made a conscientious and largely successful effort to avoid inappropriate rhetoric. There are some cases where I wish they had been more explicit in disavowing their view that certain arguments were correct, and to make it clear that they were talking not about their own views of these issues, but rather what was appropriate in a constitutional case with a rational basis standard – which is the one that now prevails in the federal courts, although I think it should be upgraded.”
Americablog reacts: "Our senior most gay member of Congress actually said that had Obama argued in court that DOMA is unconstitutional, that would be akin to George Bush not going to court to, for example, get a warrant to spy on Americans. Get it? Defending gay people is like spying illegally. But comparing us to incest and pedophilia, using what I'm told was pretty much the original brief the Bush administration used against us years ago, is somehow a sign that we're better than the Republicans - by repeating their arguments in court."

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