November 8th, 2009
 

365 Gay: Opinion

Neff: Defending the indefensible

, columnist, 365gay.com

I get that the Justice Department defends congressional laws in court, and that it would be extraordinary for Justice not to defend a law.

But did GLBT citizens not expect the extraordinary from this new administration? Wasn’t that the promise made repeatedly during that lengthy primary process?

We’ve seen bold, extraordinary steps from President Barack Obama and his administration on other issues, in other arenas, but last week’s offering to GLBT federal employees was meager, not extraordinary.

The official White House Pride proclamation fell far short of even ordinary — a bland, empty statement from a man known worldwide for eloquent and convincing pronouncements.

And the Justice Department’s recently filed defense of the Defense of Marriage Act? The same old same old — an indefensible defense of an indefensible law that yes, once again compared same-sex marriage to incestuous family relationships.

Same-sex couples can now legally marry in Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont, and a number of same-sex couples legally married in California before Proposition 8 was passed and upheld by the state’s high court.

Those couples have access to the same state rights and benefits of married heterosexual couples in their states, but not to the more than 1,000 federal rights and benefits, including, perhaps most importantly, the right to Social Security survivors’ benefits.

This is because the Defense of Marriage Act, which defines marriage as the union of a man and a woman, prohibits the federal government from recognizing same-sex marriages and allows states to refuse to recognize such marriages from other states.

DOMA states, “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.”

The Justice Department is strongly defending DOMA against a legal challenge brought by a same-sex couple married in California last July.

Arguments have been made that the couple’s case is weak, that it is not the best suit to advance through the courts and take down DOMA.

Maybe so, but Justice’s intolerable brief defends banning federal benefits for married same-sex couples claiming that to continue to do so is cheaper for the government; that DOMA is a policy of government “neutrality;” that DOMA is consistent with due process and equal protection principles guaranteed in the Constitution.

Justice argues that it is OK to deny federal marriage benefits from gay married couples because heterosexual marriages are “the traditional and uniformly-recognized form of marriage” and that DOMA protects federal taxpayers “in other states to subsidize a form of marriage that their own states do not recognize.” In other words, Justice has interpreted the quest for equal protection as a quest for freebies of some sort.

I’ll remind you that Obama once called DOMA “abhorrent,” a characterization that could be applied to Justice’s brief.

During his presidential campaign, Obama said he would be a fierce advocate of DOMA’s repeal. There is nothing on the record to suggest he has done anything to dump DOMA.

So now, what can we expect from the administration in the next week, when the Justice Department is due to file its response in a suit brought by the Gay and Lesbian Advocates and Defenders on behalf of married same-sex couples in Massachusetts?

Sadly, I think we cannot expect anything extraordinary. Sadly, I think we can expect the same old same old discrimination. To quote White House spokesman Shin Inouye: “Until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system.”


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  • Mark Said: June 23rd, 2009 at 1:47 pm
    • Let President Obama, his administration and the Dems know that their lack of urgency and broken promises to the GLBT community is damaging. The pain and harm from our Government’s institutional homophobia and discrimination is inexcusable. The White House comment line 202-456-1111.

  • John Said: June 23rd, 2009 at 1:50 pm
    • The candidate and the campaign that consistently showed themselves to be in tune with the aspirations of the American people right up to election day has fumbled badly since taking office on a host of fronts. Thusfar, they stand as examples of how campaigning in poetry will get you elected, but governing entirely in prose will cost you support.

  • Wess Mongo Jolley Said: June 23rd, 2009 at 2:49 pm
    • AN OPEN LETTER TO DAVID PLOUFFE…

      Thank you for your recent
      solicitation for money to support
      President Obama’s goals.

      Unfortunately, I’m not able
      to reach my wallet
      while wedged
      under this bus.

      Sincerely,
      The Gay Community

  • michaelnDallas Said: June 23rd, 2009 at 3:17 pm
    • thank you Wess Mongo Jolley, your comment espresses exactly how I feel. Still waiting for Change I can Believe in!

  • Peter Said: June 23rd, 2009 at 3:21 pm
    • I believe The Who put it quite simply over 40 years ago……

      “Meet the new boss…….same as the old boss……”

  • Marc in Colorado Said: June 23rd, 2009 at 4:34 pm
    • I have to admit to my total ignorance and gullibility for believing anyone’s campaign “candy.” Office seekers for the most part are no better than the pedophile offering candy to his chosen victims. Accepting the candy is going to end up with somebody gettin “effed,” and it ain’t gonna be the jerk-off proffering the candy.

      I was bamboozled into hopping jubilantly and willingly onto the “Obama” band wagon.

      The “hope” I had has coalesced into a murky mire of depression: affordable health care no longer big business in the hands of the insurance companies — yep, that’s gonna happen; gay rights to marry — yep, that’s gonna happen; leading by example in choosing to adopt a lonely animal from a shelter/adoption center instead of encouraging unregulated puppy mills so they can charge outrageous prices for a living, breathing, feeling creature — yep, that’s gonna happen.

      I am so frustrated, because at 62 years of age, and after years of a political system that seemed to have ended up in the dumper and to be of no real use for the average American citizen, I grabbed desperately to the offered “hope.” Boy, do I feel stupid — because my being fooled was of my own doing.

      Shame on me.

  • Thomas Said: June 23rd, 2009 at 4:35 pm
    • Let’s make the change happen over Obama’s purile objections. He can’t stop us and doesn’t have the creativity or political will. All he knows is how to cow-tow to special interests — and have you noticed how slowly he often speaks? I suspect it’s because he’s trying to spin consistently, so he’s carefully editing his utterances.

      As far as funding or volunteering to help the Dems next year: sorry, I’m tapped out.

  • Roger Said: June 23rd, 2009 at 4:48 pm
    • We all know Obama inherited a friggin mess from the Bush years, but this is civil rights in our country, what part of this black President doesn’t understand. I say march on Washington, soon.

  • Mike Said: June 23rd, 2009 at 4:53 pm
    • I am happy that Obama got elected and I think it will take some time to change the laws when we have the Republicans fighting us every step of the way. They support their party, big business and are not concerned with justice, equality or free will. Our country has had a revolution, a civil war, and used to have marches for these causes but it seems no more. How can Obama do anything alone?

      Please write letters, call people, give to the causes and canidates who support us because they represent us. Don’t just leave it to them to so the job.

      Be responsible. Waiting for someone else to so it for you won’t get any laws passed or have equal rights just appear out of nowhere.

      Stop whining and blaming and get involved if you want change.

  • desert bat Said: June 23rd, 2009 at 5:00 pm
    • Don’t ask, don’t spend.

  • Bobby Said: June 23rd, 2009 at 5:50 pm
    • I realize the process takes longer than a phone call, but letters resonate much more effectively.

  • Lice-Christ Said: June 23rd, 2009 at 5:55 pm
    • Actually, at this point, I DO NOT believe that Obama would sign anything passed by Congress to expand federal and state gay rights. If he doesn’t want it now, then why would he want it then? Do you have any idea of how many campaign promises he has already broken?

  • InExile Said: June 23rd, 2009 at 6:06 pm
    • I am NOT defending President Obama but the Congress and Senate DESERVE equal heat. The Congress and Senate draft the legislation necessary for our issues DOMA, DADT, ENDA, Hate Crimes, and Civil Unions with federal benefits and rights.

      Write the White House and voice your outrage but also write you Congressman and Senator, they all need to feel the heat!

      We have an 18 month window until the next election cycle starts, the clock is ticking!

  • Kari Said: June 23rd, 2009 at 8:01 pm
    • Obama has a problem. If statistics are to be believed, 10% of the population is gay. If we state that the population is 300 million people, 30 million people are gay. If we assume that exactly 40% of the population votes and exactly 40% of the gay population votes, there are 12 million gay voters. Acknowledging that probably about 80% of those gay voters voted for him, he has 9.6 million gay supporters.

      In the election last year, Obama won with 69.5 million votes to McCain’s 59.9 million. What would happen if, hypothetically in 2012 the results are exactly the same, except the gay democrats don’t vote because they are disenfranchised by his empty promises?

      In this scenario, Obama doesn’t win re-election. And that concerns me. Because while Obama has proven himself to be at best unhelpful to us, he’s not quite as actively stifling us like most Republican Presidents would try to.

      Thus, I am concerned. Concerned that Obama’s apparent unwillingness to maintain the support of some of his core voters may actually set our movement back in the long run.

  • Tim Said: June 23rd, 2009 at 8:06 pm
    • Why all the lamenting of Obama’s campaign lies? They all lie. Each and every presidential election the gay community blindly backs the democrat candidate and each and every time we, as a community, are thrown under the proverbial bus. Clinton signed the legislation into law. Wasn’t he supposed to be our friend in the Whitehouse?

 
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