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Friday, June 12, 2009

WTF: Obama Tells the Gays to Fuck Off?

Rally On Steps Of California State Capitol Protests Passage Of Prop 8

Whoa, fellas, this just in from Americablog via Mike Signorile:
A Coalition of LGBT groups has put out a statement on the DOJ brief that defends the Defense of Marriage Act using a kitchen sink approach, throwing in a just about every antigay argument against marriage equality -- and homosexuality -- that you can imagine:

LGBT Legal And Advocacy Groups Decry Obama Administration's Defense of DOMA
FOR IMMEDIATE RELEASE: June 12, 2009
Contact: Paul Cates, ACLU

We are very surprised and deeply disappointed in the manner in which the Obama administration has defended the so-called Defense of Marriage Act against Smelt v. United States, a lawsuit brought in federal court in California by a married same-sex couple asking the federal government to treat them equally with respect to federal protections and benefits. The administration is using many of the same flawed legal arguments that the Bush administration used. These arguments rightly have been rejected by several state supreme courts as legally unsound and obviously discriminatory.

We disagree with many of the administration’s arguments, for example that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.

We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states. There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive. It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.

When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.

Signed,

ACLU
GLAD
Lambda Legal
NCLR
HRC
NGLTF

Americablog has a paragraph-by-paragraph analysis of the whole brief at this link.

Haven't had time to read through this yet, need to eat some supper here before I start on that. But this sounds like very, very bad news guys, and a hell of a let-down. This isn't Change we can believe in, it's the same old fucking shit!

I'm stunned at the moment. I'll write more when I've digested my groceries and the full report.

Update: Interrupting my supper to bring you the man's own words, from the campaign trail last year:

From Pam's House Blend, which has more analysis:

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. . . .

Friends, is this is the watershed mark, the line in the sand, the utter moral betrayal of this administration in black and white? Does this mean that we are not only expendable to this Administration, but that it has decided we can also be vilified as a constituency at will and not receive any blowback? That's balls. A brief with language like this could have been written by Liberty Counsel it's so homophobic; that it's written in legalese doesn't blunt the arguments being made here. It will be used to cause lasting damage to future civil rights gains.

Major Irony: today is the 42nd anniversary of Loving vs. Virginia, the landmark Supreme Court ruling that made interracial marriage legal nationwide . . . including that of Obama's own parents.

Update 2: From the Human Rights Campaign:
HRC also has grave concerns about the arguments that the Administration put forth in this case, arguments that simply do not reflect the experiences that LGBT people face or the contributions that they make. The Administration’s brief claims that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental. The brief further claims that DOMA is a “neutral” federal position on same-sex marriages, and permits the states to determine on their own whether to recognize same-sex marriages. The most alarming argument, grounded neither in fact nor in law, reads as follows:

[DOMA amounts to] a cautious policy of federal neutrality towards a new form of marriage. DOMA maintains federal policies that have long sought to promote the traditional and uniformly-recognized form of marriage, recognizes the right of each State to expand the traditional definition if it so chooses, but declines to obligate federal taxpayers in other States to subsidize a form of marriage that their own states do not recognize.

“Same-sex couples and their families are not seeking subsidies,” said HRC President Joe Solmonese. “We pay taxes equally, contribute to our communities equally, support each other equally, pay equally into Social Security, and participate equally in our democracy. Equal protection is not a handout. It is our right as citizens,” he said.
The longer I sit and read this stuff, the madder I'm getting. If you think the President should know how you feel, why don't you drop him a line and tell him what you think about all this. I just did.

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