There's a completely decent reason to keep DOMA in place for the time being, especially in the federal courts right now—where bad precedents could wound us in the future. But to file an actual brief re-stating some of the worst and most denigrating arguments against gay civil equality is just bizarre. They could have argued for a narrow ruling or kept the "reasonable" arguments to a minimum. What they did—without any heads up to any of their gay supporters and allies—is unconscionable. Citing incest precedents? Calling gay couples free-loaders? Arguing that our civil rights are not impinged because we can marry someone of the opposite sex? Who on earth decided that that was a great idea? [This] will be simply incomprehensible to most gay people. To have unloaded it after refusing to do anything on DADT, after failing to lift the HIV travel ban, after punting on even pure symbolism like hate crimes - well, it's no way to treat those who worked their butts off to elect you.... I'm baffled by this, I really am. The content of this brief is a massive political error from an administration that is making it impossible for its gay supporters to stay supportive.
Today is the anniversary of the Loving v. Virginia decision that struck down state laws against interracial marriage. How has the Obama administration recognized it? By lobbing this bomb right into the civil rights of gay and lesbian couples. This is a President who said he is a "fierce advocate" for our rights. This doesn't look much like an advocate, it looks more like an enemy pulling the pin on the grenade and tossing it at us. While this may not be the perfect test case for DOMA, the Obama administration, in its defense of the Act, has filed a brief that is a roadmap for every fundnut anti-gay argument against the right of same-sex couples to marry.
Happy Stonewall anniversary everybody!
Reading the arguments the DOJ makes to defend DOMA really makes me angry and I wonder if this is what President Obama or the higher ups in the White House really think. It's the same arguments the Republicans and religious right have been making for years—with even a few new ridiculous ones thrown in. The only thing I can conclude is that we've been thrown overboard by the Obama administration or by presenting such ridiculous arguments, this is a really clever way to throw the case.For instance they argue that restricting rights is a legitimate action of the federal government because it can save the federal government money. What federal court accepts the principle that you can deny rights because there's not enough money to administer them. By that reasoning we can close down polling places in poor neighborhoods or Democratic neighborhoods and say we don't have enough money to keep those places open.
[The] mere fact that the Obama administration sees fit to try to justify the constitutionality of DOMA is very troubling. When Obama ran for the Democratic nomination for President, he distinguished himself from other front-runners by declaring that he was for DOMA’s full repeal. That contrasted with Sen. Hillary Clinton’s position of advocating for only partial repeal of DOMA and leaving intact the provisions allowing states to refuse to recognize same-sex marriages performed in other states. When Obama became president, the new White House web site repeated his call for repealing DOMA. But that commitment has since been quietly dropped when the web site was revamped in April.
UNfuckingbelievable.
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