It is past time for the Administration to continue mouthing its good intentions to do something in the future. The issue is here and it is time for action. A motion to dismiss the Gill case would be an unfriendly act against the LGBT community, most certainly, in terms of immediate strategic decisions facing the Administration, since it would require arguing that Congress had a legitimate justification for discriminating against same-sex couples, relying on the offensive rationales articulated in the legislative history -- positions and rationales that the president purportedly disavowed on the campaign trail.

To compound the irony, of course, that OPM letter, which was issued by an underling in the department, emanates from an agency awaiting confirmation of its newly appointed director, an openly-gay man named M. John Berry, who upon taking office will also become the lead titular defendant in the Gill case. (Is there something odd about suing ourselves?) Berry has a distinguished career as an "out" gay man in the federal government, including a successful stint as head of the National Zoo in Washington. When he takes over the direction of OPM, he will be charged with administering the offensive policies that the Obama Administration has sworn to repeal. How will he act in that situation?