Hello UTF Readers,
I will be taking a short break this weekend - spending it with my loved one. Y'know, the one I want to marry.
I will be back posting as usual, full steam ahead, on Monday.
Have a great weekend!
2 hours ago
Most Americans support some legal recognition of a same-sex couple’s relationship. The poll found 33 percent favor marriage for same-sex couples, down somewhat from a high of 42 percent in April, and another 30 percent support civil unions. A third of Americans think there should be no legal recognition of a same-sex couple’s relationship. Views in this poll are similar to those found back in March of this year.See Unite the Fight's post on CBS News April numbers.
“Now that I have read the brief, I believe that the administration made a conscientious and largely successful effort to avoid inappropriate rhetoric. There are some cases where I wish they had been more explicit in disavowing their view that certain arguments were correct, and to make it clear that they were talking not about their own views of these issues, but rather what was appropriate in a constitutional case with a rational basis standard – which is the one that now prevails in the federal courts, although I think it should be upgraded.”Read the full statement. With the Washington Blade promising to show up to Frank's LGBT DNC fundraiser, taping all who attend the boycotted event with their cameras, donors are dropping like flies. Tsk tsk, Frank. This statement isn't going to help.
“It was my position in that conversation with the reporter that the administration had no choice but to defend the constitutionality of the law. I think it is unwise for liberals like myself, who were consistently critical of President Bush’s refusal to abide by the law in cases where he disagreed with it to now object when President Obama refuses to follow the Bush example. It is the President’s job to try to change the law, but it is also his obligation to uphold and defend it when it has been enacted by appropriate processes. It would not be wise, in my judgment, for those of us who are gay, lesbian, bisexual or transgender, or who sympathize with the fight for our rights, to argue for a precedent that says that executives who disagreed politically with the purpose of the law should have the option of refusing to defend it in a constitutional case.”
The president would like us to believe that he's awfully busy being president, and if we only wait a little while longer, we'll get our rights. Of course, the president isn't too busy to stab the community in the back by continuing the military discharges, defending DOMA, and comparing us to pedophiles. (On Wednesday, White House spokesperson Robert Gibbs was given a chance to repudiate the DOMA brief's language about incest and pedophilia and would not.)Many others have chimed in, including the Los Angeles Times and the New York Times.
When, Mr. President, will be a good time to set my people free? When will the leader of the free world get a breather, a presidential timeout as it were? (And I thought this was the administration that could walk and chew gum at the same time.) Are we really to believe that 2010, a congressional election year, will be any more timely than today? Or 2011, the beginning of the presidential primaries? Or 2012, with a congressional and presidential election? There is quite literally no time like the present.
We [Obama's administration] have four broad legislative goals that we want to accomplish and legislation is one of these things where you’ve got to move when the opportunity strikes, so I’m going to list them in an order but it’s not necessarily going to go one, two, three, four. Obviously, I think the first opportunity is hate crimes and we’re hopeful that we can get that passed this week. We’re going to try, but if not, we’re going to keep at it until we get it passed. The second one ENDA, we want to secure that passage of ENDA, and third is we want to repeal legislatively “don’t ask don’t tell,” and fourth, we want to repeal the Defense of Marriage Act.When pressured to answer whether or not items would be pushed to a supposed second term, Berry was adamant by sticking to the point that the goal of the administration was to fulfill this agenda by the end of Obama's presidency, whenever that may be.
Now, I’m not going to pledge -- and nor is the president -- that this is going to be done by some certain date. The pledge and the promise is that, this will be done before the sun sets on this administration – our goal is to have this entire agenda accomplished and enacted into law so that it is secure.
...I want to talk to you about the DOMA brief. Our strongest argument against “don’t ask, don’t tell” is that we stand with the truth. And that we, more than anyone, know the cost of lying and the terrible pain it invokes.However, attorney and former White House advisor to Bill Clinton, Richard Socarides, disputes this point, saying, "The president makes a policy decision first and then the very talented DOJ lawyers figure out how to apply it to actual cases. If the lawyers cannot figure out how to defend a statute and stay consistent with the president’s policy decision, the policy decision should always win out."
This president took a solemn oath to uphold the Constitution of the United States and he does not get to decide and choose which laws he enforces. He has to enforce the laws that have been enacted appropriately and that he has inherited. It would be wrong for me or any of our community to advise him to lie or to shirk his responsibility. He’s doing his job. He has made clear that he stands for the repeal of DOMA. It will be part of this administration’s agenda to accomplish that act.
[The DOJ's brief] had such a buckshot approach to it, a veritable kitchen sink of anti-gay legal theories, that it seemed expressly designed to inflict maximal damage to our rights. Instead of making nuanced arguments which took into account the president’s oft-stated support for repealing DOMA – a law he has called “abhorrent” – the brief seemed to embrace DOMA and all its horrific consequences.Our outrage against the president and the Department of Justice is not simply based on betrayal and a reactionary emotional hysteria, it's also based on a long history of our population being used by politicians to gain office only to be thrown under the bus later (Hello Clinton! Hello lack of LGBT history in schools!).
I was equally troubled by the administration’s explanation that they had no choice but to defend the law. As an attorney and as someone who was directly involved in giving advice on such matters to another president (as a Special Assistant for civil rights to President Bill Clinton), I know that this is untrue.
...The president makes a policy decision first and then the very talented DOJ lawyers figure out how to apply it to actual cases. If the lawyers cannot figure out how to defend a statute and stay consistent with the president’s policy decision, the policy decision should always win out.