Though pro-gay rights activists unaffiliated with the gay rights establishment have been increasingly vocal about their objections to the administration's allergy to quick action on gay rights, that establishment -- the major gay money players, the major gay rights lobbying groups -- have been largely silent. (Yes, a few of their spokespeople have made statements, but there's a difference between making a statement and taking a stand.)
Obama won't fast track Don't Ask, Don't Tell. His administration isn't pressuring Congress to act quickly on gay rights initiatives. Obama has so far failed to find a way to grant federal benefits to couples with civil unions or state-sanctioned marriages.
That might change.
Now, in a legal brief submitted to a federal judge, Obama's Department of Justice, writing in the name of the United States government, whose CEO is Barack Obama, argues that the 1996 Defense of Marriage Act is appropriate, carefully balanced and justified by reason, and not by animus toward gay people. A lot of the same rhetoric used to justify actual discrimination against gays is cited in the brief as a reason why DOMA is necessary. (Child abuse precedents, all of that.) The brief even resorts to the argument that DOMA doesn't deny gays anything because they're still entitled to all the benefits that heterosexuals get -- if they act heterosexually. The brief also suggests that gays accessing federal benefits will be free riders.
Needless to say, studied silence by gay groups, who have been counseled by the White House to be patient, seems to giving way to out-loud expressions of anger. (That this weekend marks DC Pride shouldn't be overlooked; gay people are in a mood to celebrate their status as persons.)
The Department of Justice insists that Obama wants Congress to change DOMA (he called it "abhorrent" during the campaign), but in the absence of a new law, the government is duty-bound to enforce the laws of the land unless they are clearly unconstitutional. This is the same argument the administration is using to justify its aggressive defense of the states secrets privilege. Joe Solomnese, the president of the Human Rights Campaign, said in a statement that if Obama wants to change the law, he should send legislation repealing DOMA to Congress. He won't do that.
Gay rights activists believe that Obama thinks the best way to fully integrate gays in the political and social fabric of the country is to do so by building consensus, rather than by setting an example that would expose the president to political risk. On Don't Ask, Don't Tell, the argument is much more subtle, but it follows the same theme.
Here's Solomnese:
Mr. President, you have called DOMA 'abhorrent' and pledged to be a fierce advocate for our community. As we approach the 40th anniversary of Stonewall, it is time for you to use your leadership to translate these principles into meaningful action.
The response from Obama aides has generally been a version of the following: Trust us. We're doing what we can. We'll get this stuff done. But it will take some time. We've got a lot on our plate.
"Note that the standard for defending a statute, once enacted, is lower than
whether, in our judgment, it is constitutional," a senior administration official said. "It is whether there are
arguments that can be made. The DOMA statute has been found constitutional by at
least 6 courts and has never been struck down. Whatever we think, it would be
pretty hard to say that there are not 'reasonable arguments' with that context."
President Obama is increasingly becoming a disappointment on so many levels. His lukewarm support for GLBT issues is only one. Increasingly, he's looking like an "all talk, no action" President.
jg6544
Sorry but it's actually the gay community that's a lotta talk and no action. There is a lotta money in the gay community. Most of the rich folks are Republicans but still, there is enough money to mount an aggressive television campaign that educates people. i mean, I still don't know the difference in rights between civil unions and marriage. Where is the GAY MOVEMENT?!! I only see it on voting day.
It's not hard to find the gay movement *or* the facts on civil unions. It's called Google. Here, have an explanation or two:
http://www.factcheck.org/what_is_a_civil_union.html
http://gaylife.about.com/od/samesexmarriage/f/civilmarriage.htm
Vanessa, quit saying the gays have no movement. Have you completely missed all the people who campaigned and protested about Prop 8, the ones who are working to get East Coast states to pass marriage laws, the ones who worked to pass ENDA, all the people who have signed the "Million for Marriage" petition?
Here's the movement.
http://en.wikipedia.org/wiki/List_of_gay-rights_organizations
Have I completely missed all the people who campaigned and protested? NO, I WAS ONE OF THEM!! I am a member and volunteer for the Gay and Lesbian Center. It's not about back door action. ACT UP! got healthcare reform for HIV/AIDS patients by sustained activism. Protesting on the streets regularly. NOT just on election day or after a state supreme court decision. And the numbers at their protests were larger than those as the gay marriage protests. Sorry, but those are facts. There needs to be a constant nagging. Interviews by celebrities and leaders. I mean, who is the most prominent leader in the gay community? How often have you seen this person on television in the past year? Sorry, to also tell you that quite a few of my gay friends don't really care about this issue.
I'm a gay woman, and I didn't "heart" Obama in the first place. He's like every other high ranking Democrat who will say anything to bring in our dollars and our votes, and pretend to be a supporter only to turn his or her back on us upon taking up residence on Capitol Hill or at 1600 Pennsylvania Ave. Change? What change? So far, he's acting exactly like Bill Clinton, the "friend" of the gay community who brought us "Don't Ask, Don't Tell" and "DOMA" in the first place. How can this man - who just two days ago issued a statement after the shooting at the Holocaust museum condemning discrimination in all its forms, support DOMA and DADT. I call on all gay and lesbian members of the Obama Administration to render their resignations immediately, for all glbt government employees to stage a sick out, and for those of us in the military to come out at once. We also need to stop donating our hard-earned money to any and all political campaigns with the exception of gay candidates and those who have voted with us each and every time. Enough is enough. And for all those GLBT lobbyists who keep asking for my money and sit on their hands issuing milk toast statements, shame on you! You are nothing but an accomplice to injustice.
The LGBT community doesn't have the word marriage because you haven't done the work to get it. If it's so important to you why isn't there a constant presence on tv about it? Why aren't there protests, strikes, ads? Does the gay community really care? I'm eager to see what gay pride is going to look and sound like next week...
It seems the Gay community expects Obama to just sign something and give them the word "marriage" and lose the next election because it's the right thing to do. Obama losing the next election and every Democrat losing their seat would only lead to a Jim Crow situation and then WE ALL LOSE The onus is on the gay community to seek and gain their rights. I mean i don't want to lose the best president we've had in awhile because gay people expect their rights to be handed to them while blacks and women had to fight consistently for like a century. GET A MOVEMENT ALREADY!! Change hearts and minds. Perhaps if the gay community was able to get more public figures to come out of the closet and get folks out of the clubs and onto the streets, the president would be able to stick his neck out. But if the Gay community is not going to organize and have a consistent presence on the television, striking, marching, protesting, then it seems the president is just forcing gay marriage on to people. It's time the gay community grow up and change their image in the public and show America that there is solidarity on this issue because at the moment, it doesn't seem like their is much consensus even amongst gays. Sorry guys but I'm just being honest.
Bridge,
I agree...Vanessa consider my post a "protest" to your offensive and ignorant comments.
Vanessa...I slightly see what you're saying, but I'm guessing eloquence is not your strength.
Orange County, personal attacks against me does nothing for gay equality, so keep the snarky comments to yourself. Your time would be better spent getting out into the streets of the OC and organizing protests there seeing as though Orange County is a hotbed of homophobia and has been since the days of Anita Bryant.
"Perhaps if the gay community was able to get more public figures to come out of the closet and get folks out of the clubs and onto the streets, the president would be able to stick his neck out." A little homophobic, are we? The point is, as the Presidential wannabe, BO 'stuck his neck out' by declaring, if elected, he would move to rescind prejudicial legislation such as DOMA. Now, safely ensconced in the job, why would you assume his reversal - actually, he is not only not moving to rescind DOMA but is arguing to sustain it - is based on fear and not a shared homophobia? (Personally, I marvel at the twisted logic of this lecturer in Constitutional law that argues to the courts, only a law that applies to homosexuals should be denied the Constitutional protection of Article IV's "Full Faith and Credit." Could be that advocating in this way raises an equal protection question.)
While I always feel people can be doing more, and yes it can be frustrating to be out in the streets protesting while others are at the gym, or the clubs, or whatever stereotypical place you want to assume we are in .. I find the "work harder" retort offensive on several levels.
a) yes, i do expect obama to do the right thing - im not sure why that is wrong to expect?
b) yes, others have fought their rights, and perhaps you have not seen the protests, canvassing and organizing i have of late, but we are too - nonetheless your argument is kind of offensive - why should someone have to fight for a right? are you saying gays are too lazy to be equal?
c) TV is incredibly expensive and a low converter. A general TV campaign is really not the way to go (election specific ad spots are another story). Door to door canvassing (which EQCA is doing right now) and conversations with our families and colleagues is more effective ..
d) there were several protests throughout california in the past few weeks. perhaps you missed them. and if you want to see how else we are working hard enough to gain approval, go to the web sites for NCLR, EQCA, and HRC - a tremendous amount of effort has gone towards the gains we have had
e) time for us to grow up? where is that coming from? there are millions of adults in the gay community. adults who teach, parent, doctor, fly planes, work for newspapers etc. There always have been. Maybe its time for the people that kill us, beat us up, verbally abuse us, and make jokes about us to grow up. But i suppose we should not be allowed to dance -because then we are not "grown up" - maybe if we just stopped having fun we could have rights too? is that what you are proposing?
f) there are lots of resources for you to look up the difference between civil unions and marriage (immigration rights and social security being two of them) so go ahead and "work harder" to learn the difference ... educating yourself, not making sweeping statements, and not assuming something doesnt exist because you didnt see it, is part of being grown up ...
g) consider this reply an example of gay protest
WHY SHOULD SOMEONE HAVE TO FIGHT FOR A RIGHT? Because we share a country with a lot of ignorant, religious, provincial people who would love nothing more and have nothing better to do but bomb schools with children in them, kill doctors and slaughter gay and transgendered people. WAKE UP, the Right in this country are strong in numbers. They believe in the Turner Diaries, the Last Days. They are committed to stopping progress/change. The only way to defeat them is by turning the moderates over to our side. Obama forcing marriage on moderate Christians will only push them into the arms of the radical right.
I'm not saying gays are too lazy to be equal. I'm saying that too many gay people think like you do. Why should I have to fight for a right? Well why did black people have to fight for civil rights to vote and work and be educated and not killed for sport? What makes you think that gay people should be any different? It is this naive thinking that makes me say grow up. It sucks, yes, that you have to get out there and cause civil unrest but it seems to be the only effective way to get America to change. The Civil Rights Movement was effective because on television just about everyday housewives saw the mistreatment of non-violent protesters and could no longer reconcile their Xtian identity with the brutality of segregation. That's what makes televised protests effective. It's what made ACT UP! effective.
And yes, maybe this year gay pride parades across the country should get creative and be all about this issue. Maybe gay pride should go solely political. Is that too much sacrifice for your right to marry?
Vanessa,
You said, "I don't want to lose the best president we've had in awhile because gay people expect their rights to be handed to them." So what you're saying is, "cmon on gays...take one for the team," Team Democrat that is. So you're saying by giving gay people rights...that could single-handedly loose it for Obama and all Democrats in 2010 & 2012? You're sounding slightly ignorant I have to say. Gallup polls suggest that nearly 70% support the repeal of Don't Ask, Don't Tell. While only 40% support gay marriage, more support the repeal of DOMA...and this number is increasing. It's increasing because of the gay movement. I saw these numbers on CNN a few nights ago.
I agree...many gays need to get out of the clubs and onto the streets more often...but in case you've been stuck in a cave the last 8 months...there have been hundreds of protests around the country which have brought out HUNDREDS OF THOUSANDS. Many of these protestors are straight...just like during the black civil rights movement whites came out in support and in the women's rights movement men came out in support. Since it sounds like you're a fair-minded Democrat...can I expect you at the next local protest?
I'm guessing those straights who've come out in protest, are people who are capable of Googling the phrase, "The difference between civil unions and marriage". Since you've been unable to do that allow me to inform you...6 states recognize gay marriage. If marriage is not recognized at the FEDERAL level (if DOMA is not repealed) then gay marriages loose out on over 1160 federal rights & benefits which come with marriage. Those rights being immigration rights, social security benefits, retirement benefits, health benefits, tax benefits etc.
Essentially gay people are paying federal taxes...but are not getting their fair share of federal benefits when it comes to marriage.
BASIC civil rights are supposed to be handed to people...that's why they call them "fundamental rights". Yet you say gays must work for their civil rights??? NO ONE should have to work for their civil rights.
Can I ask what YOU'VE personally done to secure your civil rights? I mean they couldn't have possibly been "just handed to you". You must have spent tons of money on television ads, protested, lobbied Congress, campaign, etc...just so you know, I've done all of these things.
Calling me ignorant because I pose questions that may help the movement is counterproductive. I don't care what CNN's polls say. You can't tell me that Southerners and people across the Midwest--AMERICANA- believe in gay equality. If they did, we wouldn't even be having this debate. I mean Miss CA, for pete's sake, believes marriage should be between a man and a woman. I think I made my point clear in my earlier post as far as the movement. You can choose to get angry and deny what I'm suggesting or you can try to listen. I'm not the enemy. I am committed to equal rights for all. I just believe there is a lot more we need to do to build consensus across the country before our government can do anything to legislate change.
Rosa Parks refused to give up her seat on a Montgomery bus on December 1, 1955. President Johnson (DEMOCRAT) signed the Civil Rights Act outlawing segregation on July 2, 1964. Almost ten years of sustained protest and activism--from walking home to a march on Washington; after many killed, including a sitting and most beloved president. Learn it!
As far as what I did to secure my rights? Well, my mother and uncle were civil rights activists and I have marched with ACT UP, NOW and most recently marched and got my friends to march against Prop 8. So, I think my family and myself have collectively done a lot to secure my rights. Sorry to disappoint you.
Here's a problem: you get elected because you represent the fact that America CAN change. Then you turn around and support a gay marriage ban. I'm straight and that bugs the hell out of me! Since elected Obama has pissed off Chrysler, NASA, US soldiers like me who Bush gave a damn about, , Jews, and now gays. I didn't even mention the "wait it out" policy with a North Korea that needs to be bombed back into the Stone Age or the brainwashing of a Mr. Bruce Springsteen from New Jersey.
I'm with bifemmefatale here...something doesn't add up. And just what the heck does incest have to do with gay marriage. Oranges and apples, Barrack.
So many on this site have asked me since I am the only person here challenging supporters of gay equality to do more, what more can be done. Well, start by:
Protest/disrupt ABC's The View. Everytime gay marriage has been brought up on the show they give equal time to Hasselbeck and Sheri (whatever her name is), who do not support gay marriage. Melissa Etheridge was cut off from speaking about it. Neil Patrick Harris didn't even talk about it and Mario Cantone said even though he is hurt by it doesn't understand why anyone would want to get married. When the filmmakers of Outraged came on the show they were chastised for outing people. The View has high ratings and is beamed into many homes across the country. Hasslebeck represents quite vehemently the cause of the Right. This show should have a protest line outside of its studio everyday. Audience members should protest and disturb the show until they have an honest debate about the issue with leaders from the gay community.
Elevate a leader, an eloquent, charismatic speaker who can rally the masses and speak truth to power. Get this person on tv...a lot.
News reports of the protests against Yes on 8 in CA seem to always decrease the numbers of people protesting. I could be wrong on this but I went to a protest in LA after 8 was passed and the news reports said there were a thousand people there. It looked more like 5,000. I could be wrong but the numbers reported for protest always seem to be small numbers. Maybe the movement could take a better account and release the numbers so that people will understand that this is not just the fringe who want equality for all and challenge news outlets to be honest in their reporting.
Make a commercial listing off the rights that gay people don't get from civil unions so that the disparity is clear/spelled out to Americans.
Protest churches-including black churches on Sunday mornings. Could be a silent protest so that parishioners are shocked to find a thousand shackled people standing outside their church or a thousand people singing we shall overcome.
Coretta Scott King when she was alive, called on the civil rights community to join forces against homophobia and gay bias. Jesse Jackson and NAACP support equality for gays. Call on them to help galvanize the black community against inequality. Get them out in front of the black preachers who preach against equality for gays.
And get rid of the Q. It's confusing and scary for people.
I was a glbt activist voice online in the 90s and early part of this decade. One of the reasons I pulled back is that I thought glbt interest groups were not consistent and were more interested in access, and cocktail parties, than change.
My biggest gripe with the 'gay rights establishment' was the hypocrisy over who they officially chose to mourn, and get angry about. Matthew Shepard was the death that galvanized everyone. That was correct to do. But what about Sakia Gunn, the 15-year old African-American lesbian murdered in Newark in 2003? What about Steven Goedereis, a 29-year old man, murdered the same year Shepard was. His 2 teen killers alleged that the victim came onto him. It was the same old 'gay panic' motive, which was not supported by evidence and turned out to be a blatant lie. This man was targeted, and stomped so badly that blood shot up to an overhang. At the highly publicized trial, not one representative from a glbt organization could even be bothered to attend. I remember Mr. Goedereis' surviving partner contacting me and thanking me for being the only one that seemed to take an interest in the case.
Where was the outrage for the other victims of gay hate crimes, some of which made national headlines, but garnered no publicity, unlike Shepard. What about the murder of African-American gay man, James Byrd, who was dragged from the back of a truck? No, the only one worthy of the glbt collective anger was Matthew Shepard. But then, he looked like the people you would see in the glbt magazines. I found it disheartening, to say the least.
In the interim I have focused more on progressive politics in general, in another incarnation, I had been an avid blogger for Mr. Obama. I have seen how well that turned out.
It was Pat Buchanan's Culture Wars speech that first caused me to come out and become an activist. It is the current President's DOJ brief on DOMA that makes me realize that maybe glbt issues should be back in focus.
At the moment, I do not have any cocktail parties to distract me from speaking out.