Law Dork: “It’s not for me to tell you to be patient”
The President of the United States, the leader of the free world, spent 20 minutes yesterday telling the world that he views Don’t Ask, Don’t Tell as harmful to national security, that he is calling on Congress to repeal the “so-called” — his words — Defense of Marriage Act, and that he wants a fully inclusive ENDA and hate crimes bills on his desk.
Of course, that’s not action.
But to pretend that such an event does not send a very real message to America, ambivalent Democrats on the Hill and opponents of equality requires one to shield his or her eyes from reality.
The President talked about his support for all of our legislative priorities, as well as his Administration’s in-progress efforts to get rid of the HIV travel ban.
The President talked about openly gay people in the Administration, including the important role that OPM Director John Berry already has played in advancing LGBT equality.
The President acknowledged transgender people, both in terms of calling for inclusive hate crimes legislation and an inclusive ENDA and in terms of saying the word, “transgender,” the absence of which was noted after the memorandum signing.
The President said that he wanted us to judge him not by his words but by his actions. He said he “wants to be judged” by “the promises that my Administration keeps.” He is not shying away from or rejecting any campaign promises; he is saying that it’s not happening overnight. I’d like to find one person actually involved in politics who ever thought a DOMA repeal would be a legislative accomplishment of the Administration’s first year. That’s the only part of Obama’s promises to us that I don’t see being accomplished before the mid-term elections.
The President — and, of course, not all will be OK with this — acknowledged the Justice Department’s Smelt brief. He also, and I think much more important than most have thus far given him credit for — took a swipe at the language in the brief. He said:
I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination against same-sex couples in this country. Now, I want to add, we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law.
Will this make those who believe, I think incorrectly, that Obama could have just decided not to defend DOMA happy? Of course not. But, for people like me and many others who believe this was not one of the rare situations in which Justice could choose not to defend a validly enacted law, this is a strong statement that Obama wants to see the law repealed and thinks the Smelt brief went too far in some of its divisive language. On this point, Obama said pretty much exactly what I have wanted to hear from him.
Now, what did Obama do wrong today?
He — and the entire White House — refuse even to acknowledge that anyone is calling for more than just legislative repeal of Don’t Ask, Don’t Tell. If the President agrees that the daily discharge of LGBT soldiers harms national security, then how can the White House continue to ignore the Palm Center and the Center for American Progress reports — not to mention the letter from 77 members of Congress — about how the President can and should take action now to stop the Don’t Ask, Don’t Tell discharges?
Truly, someone needs to pose that unambiguous question to the White House each day until we get a real answer. This is not about getting rid of Don’t Ask, Don’t Tell. We understand that takes a legislative solution. These reports and letters are addressing the underlying fact that the president himself should take immediate action as Commander-in-Chief if he truly believes this is a national security issue.
As for mentions that I’ve seen regarding the ethnic and racial make-up of the event, I’m not sure we saw enough to be able to tell precisely how “white” the event was. Two of the three people I personally know who attended are not white, so my perspective might be a little skewed. I look forward to hearing from attendees about the racial make-up. But, as an underlying point — and one that I think would be acknowledged by most people — I think at least some of the blame regarding the make-up of the event, if it’s determined to have been a problem, likely goes to the groups who gave lists of invitees as much as to the White House.
In all, I think the President used today well to acknowledge our impatience while not diminishing it, saying, “It’s not for me to tell you to be patient.” The President clearly recommitted himself and his Administration to the campaign promises he made to us. Yes, I want to see more action, and, sure, there is room for improvement — particularly in regards to Don’t Ask, Don’t Tell — but I am glad to hear directly from our President that he realizes our struggle and wants to work with us — and use his role in the White House — to advance LGBT equality.
Christopher Geidner writes about law, policy and politics for Law Dork.



I am appreciative of the words from President Obama and I do believe he is honest in his quest for securing equal Federal civil rights for Gay Americans, but he cannot do anything until the Democratic controlled Congress initates and pushes legislation to
1) repeal DADT
2) erepeal DOMa
3) secure full access to all federal benefits for all legally civil-married, civil union couples
The Congress is controlled by Democrats, both the House and the ASenate (and especially true today with the Mn. Supreme Court ruling that Al Franken is the winner in Mn Senate race, this gives Democrats 60 senate votes, enough to override a filibuster and enough to secure the above legislation for Gay Americans).
The pressure and expectation and politicing must be done on Nancy pelosi, Speaker of the House, Harry Reid , Senate Majority leader and the Senators and House Rep. representing your state.
This isnt letting President Obama off the hook, but the pressure is best applied politically on the Democratic controlled Congress. The way to get their ear is to advise how much donations they can expect from you once they pass the above legislation. And oh, dont give them you vote until they come through for us. They have to stop taking gay americans for granted. We respresent 5-10% of the US electorate and none of them can win an election without the support of the Gay community.
President Obama is not a leader. He is a follower.
When equal marriage was passed in Canada (years ago) the then PM, Jean Chretien, publicly supported full equal marriage, when the majority of Canadians and MPs did not, including his own MPs. He forced them to support equality in the house. The result, equal marriage passed. Two of his MPs quit. Now that is a leader. Barrack Obama is not a leader, he is a follower.
Thank you for saying this. I was very upset by the language of the DOMA defense brief, and I am frustrated by the White House’s reluctance to suspend DADT while the legislature addresses the issue.
However, I have also been very frustrated by our community’s demonizing of Obama. Anyone who was expecting miracles of this president was kidding themselves. He’s a politician. He is leagues better than McCain would have been, and he is making progress. We are going to get the hate crimes bill, and we are likely to get ENDA, and it might actually be trans inclusive. His willingness to discuss transgenderism does more for the long term fight for trans rights than anything that has come out of the government before this.
Is it right that we don’t have everything we are currently fighting already? No it’s not. Does that have any bearing on how the world actually works? Nope. Hate to break it to people but the world isn’t fair. We live in a world that is still about half against us in a country with a 2 party government. Unless you are ready for true revolution then keep fighting the issues and hold our leaders to standards that are realistic to the government they are working within. Everything else just makes us look petty.
is it me, or was this article so poorly written that it almost made no sense? anyway, Obama, like all politicians, continues to play the power game, trying to appease sentiment and keep everyone comfortable in their positions of social privilege while the rest of us sit and watch this molasses he’s calling ‘progress’ inch its way towards some sort of equality. I don’t understand reluctance when it comes to acting on equality and human rights. Meanwhile, our military is assembling its forces to kill more people in Pakistan and Afghanistan. Go America. Nice priorities.
I am not appreciative of the President’s words. The are placating and insulting to those who have been waiting. And anybody with a sense of political processes knows that the only time to pass something that is deemed to be “controversial” is in the first 9 months of the first term otherwise it is too late.
Re: Obama, DOMA, DADT, national health, “war” funding, bail-outs for the looters on Wall St, Israel-Palestine, etc
He’s looking more like Bush in black face, and he knows better.
Kudos to civil marriage.
Cheers, Joe Mustich, Justice of the Peace,
Washington, Connecticut
Okay. I appreciate President Obama’s words. However we must remember that today represents more of the same thing from this president – just words. I will continue to judge him on action, on results, on the promises his administration keeps.
More importantly, I hope that these words from President Obama are an indication that the our recent anger and frustration are being heard and heard loudly. I hope that we as a community will not be pacified by his words but will instead be empowered by them to continue to make noise. Who shaould hear our voices next? Pelosi? Reid?
He is commander in chief. He can end DADT with a stroke of his pen. Actions not words. Were tired of waiting for the “right” moment. It will never come at this pace, we need action NOW!
This article is about as clear and concise as –
political speeches.
I am not trying to depend president obama, but some reasons he may be moving slowly on this issue:
1. He is still earning the respect of the military commanders (only been office 6 months and never served a day in his life in the military)
2. He is acturally concerned for the safety of those soldiers who are openly gay (although he shouldn’t be because they have been trained to kill)
3. He may have to fire and replace leadership in the middle of a war because they mistreat or harm openly gay soldiers causing real confusion
Once DADT is repealed the real battle may begin for those who are openly gay in the military Is the community ready for that struggle?
I do not appreciate Obama’s words. His actions have prevented that appreciation.
But one thing that struck me in this article . . . so what if we reverse DADT. Does that mean we go back to before DADT when being gay would bring about at least a dishonorable discharge or, worse, time in the brig? I don’t know.
Did DADT temporarily interrupt the flow of court martialing gay people? I don’t know. Does anyone know? Perhaps rescinding DADT isn’t enough. Perhaps it will require changing military code. I don’t know.
I HATE to defend Obama’s position . . . but is it possible that DADT has actually protected us in some regard? Is it possible that removing it will actually harm us? I don’t know.
If anyone knows, please fill me in.
Neil
This is just more of the same from Obama. I voted for him. I hoped for change. But, he has turned his back on the lgbt community. To date, he’s a disappointment.
Obama is only entertaining gay rights for the vote. He will do a few things here and there just to ensure the votes for his next term. He has the power right now for action but he is pawning it off on the weak legislators. Obama cannot not use the excuse that he is afraid the service members might be harmed because people would probably be surprised at how accepting the military members are.
“Abraham Lincoln did not go to Gettysburg having commissioned a poll to find out what would sell in Gettysburg. There were no people with percentages for him, cautioning him about this group or that group or what they found in exit polls a year earlier. When will we have the courage of Lincoln?”
- Robert Coles
So I ask you Mr. Obama. When will YOU have the courage of Lincoln?
I kept hearing again and again what they can’t do but nothing on what they can and will do. Everything takes time and as the author mentioned, at least start doing something that is in his power. Like stopping discharge of military like he did with stopping the ICE raid of illegal immigrants.
Surely there is more than what he can do instead of waiting for the legislature. Even if there is a majority of Democrats now… it will till the cows come home before we see anything being done. I know there is a lot on his plate. If he is overwhelmed, then he shouldn’t be over promising during his campaign.
He wants us to judge on his actions and not his words…so I will. LACK OF ACTIONS is my judgment.