Today In Cognitive Dissonance

The Obama administration filed court papers today saying that DOMA discriminates against gays, but that they must continue to defend it in court.

Justice Department lawyers are seeking to dismiss a suit brought by a gay California couple challenging the 1996 Defense of Marriage Act. The administration's response to the case has angered gay activists who see it as backtracking on campaign promises made by Barack Obama. In the court papers, the administration urges the repeal of the law but says in the meantime, government lawyers will continue to defend it as a law on the books. The government's previous filing in the case angered gay rights activists who supported Obama's candidacy in part because of his pledge to move forward on repealing the law and the "don't ask, don't tell" policy that prevents gays from serving openly in the military.

"The administration believes the Defense of Marriage Act is discriminatory and should be repealed," said Justice Department spokeswoman Tracy Schmaler, because it prevents equal rights and benefits. The Justice Department, she added, is obligated "to defend federal statutes when they are challenged in court. The Justice Department cannot pick and choose which federal laws it will defend based on any one administration's policy preferences."

DOJ lawyers say that granting federal same-sex marriage benefits would discriminate against the citizens of the 30 states that have passed constitutional bans.