If Obama means it on lesbian/gay civil rights, he must reverse this position by his Justice Department, which claims, bizarrely, that federal court is not an appropriate venue for the suit because the couple is married under California law. That’s just the problem – they are legally married, but DOMA deprives them of access to the myriad benefits that the federal government confers on married couples. Where else are they supposed to go? State courts do not have the power to invalidate federal legislation. The European Court of Human Rights lacks jurisdiction.

(Memo to all queers: the important thing about DOMA is not interstate recognition of same-sex marriages. In one of those odd laws that isn’t written down anywhere, states have always had substantial leeway to refuse recognition to marriages that violate their public policy preferences, so DOMA breaks no new ground on that point. The important thing about DOMA is that it deprives all same-sex couples of the federal benefits of marriage, even if they’re legally married in their home state.)

Even more bizarrely, the Obama Justice Department has begun to argue that DOMA is “neutral” about marriage. Horseshit. It’s not neutral at all. It deprives a significant chunk of the population of their right to equal protection of the laws.