November 22nd, 2009
 

365Gay Agenda Blog

Law Dork: “It’s not for me to tell you to be patient”

By Chris Geidner, Law Dork 06.30.2009 1:54pm EDT
News & Politics

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.


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  • daydreamer Said: July 1st, 2009 at 7:42 pm
    • If president obama stops the discharges to keep valuable soldier regardless of sexual orientation, it may also give congress a reason not to move as fast as necessary to repeal don’t ask don’t tell. The continuous discharge of valuable soldier forces urgency of repealing DADT.

  • Sean Said: July 1st, 2009 at 10:14 am
    • Personally I feel the President should challenge our system and do a few things since he apparantly likes the line of “Well, the Congress has to pass legislation to get this done.” Why shouldn’t he challenge the system and put that executive order in stopping DADT discharges and freezing their budget. Why shouldn’t he or VP Biden or their wives symbolically attend a gay or lesbian wedding? Hold a town hall with gays and lesbians with adopted children? As President he can so a ton of things to send a message to the nation and Congress and not just talk about it.

  • TruthSpeaker Said: July 1st, 2009 at 3:57 am
    • In 2012, Obama will be begging for our vote so that he can end DADT and DOMA. He won’t end them in his second term either. In 2012, I will vote for ANYBODY running against him.

 
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