The New York Times published an editorial today criticizing  Obama’s controversial defense brief for the Defense of Marriage Act (DOMA), which cited decisions involving incest and underage marriage to make it’s case. From the New York Times:

The brief insists it is reasonable for states to favor heterosexual marriages because they are the “traditional and universally recognized form of marriage.” In arguing that other states do not have to recognize same-sex marriages under the Constitution’s “full faith and credit” clause, the Justice Department cites decades-old cases ruling that states do not have to recognize marriages between cousins or an uncle and a niece.

These are comparisons that understandably rankle many gay people. In a letter to President Obama on Monday, Joe Solmonese, president of the Human Rights Campaign, a gay rights organization, said, “I cannot overstate the pain that we feel as human beings and as families when we read an argument, presented in federal court, implying that our own marriages have no more constitutional standing than incestuous ones.”

…

If the administration does feel compelled to defend the act, it should do so in a less hurtful way. It could have crafted its legal arguments in general terms, as a simple description of where it believes the law now stands. There was no need to resort to specious arguments and inflammatory language to impugn same-sex marriage as an institution.

The best approach of all would have been to make clear, even as it defends the law in court, that it is fighting for gay rights. It should work to repeal “don’t ask, don’t tell,” the law that bans gay men and lesbians in the military from being open about their sexuality. It should push hard for a federal law banning employment discrimination. It should also work to repeal the Defense of Marriage Act in Congress.

The controversy is definitely picking up steam, with coverage in the Wall Street Journal, CBS News and of course on the Rachel Maddow Show. Let’s hope Press Secretary Robert Gibbs is asked about it today.

Rachel Maddow brings on former DNC chair and Vermont governor Howard Dean to talk about the controversial defense of DOMA brief issued late last week. Dean also called DOMA unconstitutional.

Dean’s response is a strong one. I suspect Press Secretary Robert Gibbs has some ‘splaining to do tomorrow.

Senate Majority Leader Harry Reid and HRC President Joe Solmonese speak at a press conference on soon-to-be-passed hate crimes legislation.

[youtube]http://www.youtube.com/watch?v=EuldELb9KDs[/youtube]

Senate Majority Leader Harry Reid indicated in a press conference today that there are no plans in the Senate to repeal Don’t Ask, Don’t Tell (DADT) as there are no sponsors for such a bill at this time. From the Advocate:

“I haven’t identified any sponsors,” he [Reid] said. “My hope is that it can be done administratively.”

A Democratic aide later clarified that Reid was speaking about the possibility of using an executive order to suspend discharges or perhaps halting enforcement of the policy by changing departmental regulations within the Department of Defense.

White House press secretary Robert Gibbs has continually said in recent months that President Barack Obama believes the only “durable solution” to repealing the military’s gay ban would be to do so through legislative action.

Now that the ball is back in Obama’s court, I can’t wait to hear Gibbs’ response.