Tuesday, June 23, 2009

Plaintiffs' attorney in Smelt case will seek clarification of DOJ's position due to Obama's comments

06/23/09 SF Chronicle:

Richard Gilbert has been defending spouses Arthur Smelt and Christopher Hammer in their latest lawsuit challenging the federal DOMA and Proposition 8. At an August 2nd hearing, Gilbert will seek clarification of the DOJ's position in defending the federal DOMA, because last week President Obama said that the federal DOMA is "discriminatory, it interferes with states' rights, and it's time we overturned it." Gilbert told the Chronicle,

"It appears to me that the president of the United States is making it clear that the attorneys for the United States do not represent the views of the administration. I think they have a duty to withdraw their motion. I think they have a duty to join my side of the case."

But the Chronicle engages two legal scholars to explain that Obama's comments have no bearing on the DOJ's legal arguments.

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