Friday, June 26, 2009

Executive Power

First of all, let me say that I absolutely believe that homosexual marriage should be permitted and that discrimination against homosexuals in all other ways should also be prohibited. That said...

I've seen a lot of complaints recently about Obama's lack of action thus far on Don't Ask Don't Tell, particularly in response to the Center for American Progress's recommendation that he suspend it pending a legislative solution, and in response to the Justice Department's continued enforcement of the Defense of Marriage Act. Although I fervently hope that both of these laws go by the wayside very soon, I do not think it is a good idea, or even legal, for Obama or his Justice Department to unilaterally decide to stop enforcing the law. The executive branch cannot be allowed to simply pick and choose which laws it would like to follow or enforce - I admit that Constitutional Law is not my strong point, but I'm pretty sure that sort of goes against the idea of rule of law.

Take this as an example. Say there is a law against health care providers refusing to prescribe birth control for people solely on the basis of marital status. Now, say there's some Republican governor in office who decides he's just going to drop ongoing suits regarding this law, because he's morally opposed to non-married people having sex. We'd all agree that was wrong, right? But those people think that law is just as morally invalid as we think DOMA and DADT are. Like I said, I hope that we get rid of those laws/policies as quickly as possible - but I had enough of abuse of executive power under Bush, and I rather appreciate Obama's reluctance to go that route.

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