The government was served with a lawsuit the week of April 27th and now the Department of Justice, under President Obama's authority, has till the week of June 22nd to respond.
President Obama now has a choice -- direct Attorney General Eric Holder and the Justice Department to defend DOMA in court or keep his campaign promise by asking Holder not to defend this unconstitutional law.
A national grassroots effort has been released on May 18, 2009 known as the DOMA Flip Flop campaign. Endorsing organizations include Join The Impact , Change.org , Join The Impact MA , and the Cambridge Democratic City Comittee . Organizers are asking participants to print out a 'flip flop card' with the the statement, "President Obama, please don't flip flop on DOMA!" on it. Participants are asked to mail the 'flip flop card' to the White House from now until President Obama makes his decision on the DOMA lawsuit.
A President has the authority to not defend a Congressional law that is unconstitutional on its face. Past Presidents have exercised this right ranging from Ronald Reagan in the case of INS v. Chadha (1983) to George Bush Sr. in Metro Broadcasting v. Federal Communications Commission (1990) and Bill Clinton in Dickerson v. United States (2000). There is no clearer example of a blatantly unconstitutional law than DOMA which President Obama himself has called an "abhorrent law" and that its repeal is "essential".
Via a fun and creative campaign (mailing flip flop cards to the White House), we are bringing attention to the issue to make sure that President Obama doesn't flip flop on DOMA.
For more information on the DOMA Flip Flop Campaign or to view the open letter and legal memo, please visit www.domaflipflop.com or the DomaFlipFlop facebook page .
Official Press Release announcing the DOMA lawsuit