William C. Duncan, the director of the Marriage Law Foundation, jots down this observation over at NRO's The Corner:"In other news, the U.S. Department of Justice has decided to express its disapproval of the federal Defense of Marriage Act in a brief in federal court. The case is a challenge to DOMA, and the Department of Justice is charged with defending the law, but it has chosen to repudiate the arguments in its favor embraced by the highest courts of New York, Washington, and Maryland. A straightforward legislative repeal would be the more honest approach, but the Obama administration seems to have decided that the easier route is to try to undercut the law with legal arguments, perhaps in the hope that they will be spared the effort of going through Congress if they can just get a court decision invalidating DOMA."
