WH spokesman seems to suggest DOMA is constitutional

Well that was a rather unfortunate interview for White House spokesman Robert Gibbs.

Washington Blade: Last week, the Justice Department filed a brief with the First Circuit Court of Appeals defending DOMA against two lawsuits. … Is there any consideration by the administration to dropping its defense of DOMA in court and declaring the law unconstitutional?

Robert Gibbs: Well, we can’t declare the law unconstitutional. … Obviously if you look at what was written, the president enumerates in there … our belief on this law as we balance the obligation that we have to represent the federal government; the president believes as you said that this is a law that should not exist and should be repealed but at the same time we have to represent the viewpoint of the federal government.

First there are Gibbs' odd comments about the President being unable to declare DOMA unconstitutional (yes he can, and he has declared laws, and proposed laws, unconstitutional before, as have the presidents before him). So why did Gibbs say that?

Equally unfortunate is that Gibbs is still, well, misstating the truth about the federal government allegedly being required to defend DOMA in court. That little chestnut finally thoroughly debunked a few months ago when Newsweek interviewed scores of experts who explained that the President doesn't have to defend every law. And then former Clinton solicitor general, Walter Dellinger, explained that even if the President felt he had to appeal our DOMA victories, the President could simply refuse to defend DOMA by telling the court that he thinks it's unconstitutional.

Lots of options. You wouldn't get that if all you did was listen to Robert Gibbs.

This is not what friends do. It's not the way a fierce advocate acts. And it's not what a Democratic administration should be saying. The President has the ability to help us on DOMA, and so far he hasn't done anything at all to help us out. In addition, the White House keeps spinning a yarn in order to, apparently, trick people into thinking they have no options.

They do. They simply choose not to exercise them.