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#1 2009-06-12 6:14 pm

Tallgeese
Sternly Advising
From: Pool Party
Registered: 2000-10-17
Posts: 34007

Does anyone still believe Obama cares about gays?

Obama's DOJ supports DOMA

Justice spokeswoman Tracy Schmaler said Friday that the department, as it generally does, is defending existing law in court.

"The president has said he wants to see a legislative repeal of the Defense of Marriage Act because it prevents LGBT (lesbian, gay, bisexual, transgender) couples from being granted equal rights and benefits," she said. "However, until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system."

Not everyone buys that reasoning

And before Obama claims he didn't have a choice, he had a choice. Bush, Reagan and Clinton all filed briefs in court opposing current federal law as being unconstitutional (we'll be posting more about that later). Obama could have done the same. But instead he chose to defend DOMA, denigrate our civil rights, go back on his promises, and contradict his own statements that DOMA was "abhorrent." Folks, Obama's lawyers are even trying to diminish the impact of Roemer and Lawrence, our only two big Supreme Court victories. Obama is quite literally destroying our civil rights gains with this brief. He's taking us down for his own benefit.

And how bad could it be?

Obama didn't just argue a technicality about the case, he argued that DOMA is reasonable. That DOMA is constitutional. That DOMA wasn't motivated by any anti-gay animus. He argued why our Supreme Court victories in Roemer and Lawrence shouldn't be interpreted to give us rights in any other area (which hurts us in countless other cases and battles). He argued that DOMA doesn't discriminate against us because it also discriminates about straight unmarried couples (ignoring the fact that they can get married and we can't).

He actually argued that the courts shouldn't consider Loving v. Virginia, the miscegenation case in which the Supreme Court ruled that it is unconstitutional to ban interracial marriages, when looking at gay civil rights cases. He told the court, in essence, that blacks deserve more civil rights than gays, that our civil rights are not on the same level.

Andrew Sullivan not happy

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? Marc is right that 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, as all the major groups have now said


I still believe in liberalism today as much as I ever did, but, oh, there was a happy time when I believed in liberals.

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#2 2009-06-12 6:56 pm

bratboy
laden with emotion
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 34106

Re: Does anyone still believe Obama cares about gays?

Yeah, this is pretty smurfing outrageous.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#3 2009-06-12 7:52 pm

robco
Curmudgeon
From: Sodom
Registered: 2004-12-04
Posts: 7938
Website

Re: Does anyone still believe Obama cares about gays?

It should be pointed out that Obama didn't write the brief. I would place more blame with Holder than Obama.

That being said, I get that health care reform is more important (though I think we'll get a much watered-down bill w/o a public option that will essentially be useless) and that we're fighting two wars. Perhaps now isn't the time to try and get DOMA repealed (indeed many Dems support it as well) or even DADT. I get that Holder feels he needs to uphold the law and wants to cling to principle. But was the language regarding incest really necessary? I would expect this from the Bush Administration's DOJ, but am surprised to see this from the Obama administration.

Guess our best bet now is Congress. Change we can believe in may come despite Obama rather than because of Obama....


It is an odd thing, but every one who disappears is said to be seen at San Francisco. It must be a delightful city, and possess all the attractions of the next world.
- Oscar Wilde

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#4 2009-06-12 7:59 pm

ShnickyShnack
::: title edited due to Satanic influences :::
From: Rockin' out
Registered: 2001-05-25
Posts: 22237

Re: Does anyone still believe Obama cares about gays?

robco wrote:

Guess our best bet now is Congress.

eek

Translation: you is smurfed.


Note: please delete this post.

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#5 2009-06-12 8:00 pm

robco
Curmudgeon
From: Sodom
Registered: 2004-12-04
Posts: 7938
Website

Re: Does anyone still believe Obama cares about gays?

without lube...


It is an odd thing, but every one who disappears is said to be seen at San Francisco. It must be a delightful city, and possess all the attractions of the next world.
- Oscar Wilde

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#6 2009-06-13 9:05 am

Mustapha Mond
Up your alley
Registered: 2001-03-24
Posts: 7026
Website

Re: Does anyone still believe Obama cares about gays?

Which isn't how the gays like it, which is how you know homosexuality is wrong.

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#7 2009-06-13 10:33 am

Metacell
misanthropist
From: The space between the spaces
Registered: 2005-03-19
Posts: 5861
Website

Re: Does anyone still believe Obama cares about gays?

I want to believe. sad


Ho Eyo He Hum

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#8 2009-06-13 7:52 pm

radarman
Member
Registered: 2005-02-28
Posts: 3584

Re: Does anyone still believe Obama cares about gays?

If you had to choose between nationalized health care, which could materially improve the lives of nearly 50 million Americans, of gay marriage, that might improve the lives of a few million or so; which would you choose?

It's not likely that Obama changed his mind, or was lying (completely) during the campaign. It's more likely that once he stepped into office, he realized that he had to make tough calls. You can only pick so many fights and win, and right now it appears that the Obama administration has decided to choose health care over gay rights. I suspect that Obama is throwing some bones to the Republicans to get their support on issues he considers more important.

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#9 2009-06-13 8:12 pm

Tallgeese
Sternly Advising
From: Pool Party
Registered: 2000-10-17
Posts: 34007

Re: Does anyone still believe Obama cares about gays?

radarman wrote:

If you had to choose between nationalized health care, which could materially improve the lives of nearly 50 million Americans, of gay marriage, that might improve the lives of a few million or so; which would you choose?

It's not likely that Obama changed his mind, or was lying (completely) during the campaign. It's more likely that once he stepped into office, he realized that he had to make tough calls. You can only pick so many fights and win, and right now it appears that the Obama administration has decided to choose health care over gay rights. I suspect that Obama is throwing some bones to the Republicans to get their support on issues he considers more important.

So because he needs to "throw some bones" to the Republicans, he should
a) break some major campaign promises
b) issue an argument supporting the DOMA with the same language that the most hateful gay bashers have used, including "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?"

It's too far.


I still believe in liberalism today as much as I ever did, but, oh, there was a happy time when I believed in liberals.

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#10 2009-06-13 8:14 pm

bedstuy
Archimandrite, Eastern Elite
From: King Cole Bar, St. Regis Hotel
Registered: 2003-09-20
Posts: 13620

Re: Does anyone still believe Obama cares about gays?

I wouldn't expect you to be following the details on things of this nature, but I don't think anybody that is gay or activists or even those in the "gay establishment" (meaning organizations like Lambda Legal or Human Rights Campaign) expected movement immediately if even in the first year.  Every one is well aware of all of the other large challenges facing the country.  I think what is frustrating people is that not only is there not seemingly any communication with such groups by the administration, but that there's been a noticeable change in comfort even discussing things at the daily press brief, and on more than once occasion - coupled with odd things like altering the language on the WH web site re: DADT

The current thread, the substance of same, the language and flow of reasoning in the brief, etc. are what concern most, not so much that DOJ ended up defending written law as usual.  Now couple that with what, as far as has been described in the press, was no communication with the afore mentioned prominent gay establishment organizations like the WH would have done with any other such constituency, and your post is just naive and/or uninformed.  I remind myself that this WH can't be generally written off as incompetent like the last one, so I think it's easier to assume some sort of intentional slight.  I guess that's what concerns me the most.  Theoretically I can wait a couple of years for substance but it's increasingly hard to do so with the other bs I just mentioned.

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#11 2009-06-13 8:21 pm

radarman
Member
Registered: 2005-02-28
Posts: 3584

Re: Does anyone still believe Obama cares about gays?

Tallgeese wrote:

radarman wrote:

If you had to choose between nationalized health care, which could materially improve the lives of nearly 50 million Americans, of gay marriage, that might improve the lives of a few million or so; which would you choose?

It's not likely that Obama changed his mind, or was lying (completely) during the campaign. It's more likely that once he stepped into office, he realized that he had to make tough calls. You can only pick so many fights and win, and right now it appears that the Obama administration has decided to choose health care over gay rights. I suspect that Obama is throwing some bones to the Republicans to get their support on issues he considers more important.

So because he needs to "throw some bones" to the Republicans, he should
a) break some major campaign promises
b) issue an argument supporting the DOMA with the same language that the most hateful gay bashers have used, including "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?"

It's too far.

Where did Obama call gay couples "free-loaders? I tried to find it, but couldn't get a single attributable quote where he said anything like that. I saw lots of sites that claimed he said it, but none provided links.

That's not to say I'm necessarily happy with the big O, but this is starting to smell like a web smear.

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#12 2009-06-13 8:32 pm

Tallgeese
Sternly Advising
From: Pool Party
Registered: 2000-10-17
Posts: 34007

Re: Does anyone still believe Obama cares about gays?

radarman wrote:

Where did Obama call gay couples "free-loaders? I tried to find it, but couldn't get a single attributable quote where he said anything like that. I saw lots of sites that claimed he said it, but none provided links.

That's not to say I'm necessarily happy with the big O, but this is starting to smell like a web smear.

DOMA ensures that evolving understandings of the institution of marriage at the State level do not place greater financial and administrative obligations on federal and state benefits programs. Preserving scarce government resources — and deciding to extend benefits incrementally — are well-recognized legitimate interests under rational-basis review.

It's the same bullsmurf argument that Steele used the other week - gays would be sucking at the government teat if we let them get married and we just can't have that in this economy.

And did you miss the part where the ability to ban gay marriage was compared to banning incest and child rape?

And you still think it's a smear?


I still believe in liberalism today as much as I ever did, but, oh, there was a happy time when I believed in liberals.

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#13 2009-06-13 8:37 pm

ShnickyShnack
::: title edited due to Satanic influences :::
From: Rockin' out
Registered: 2001-05-25
Posts: 22237

Re: Does anyone still believe Obama cares about gays?

Yeah, I figured Obama would do his damndest to not repeat Clinton's mistake of going after a gay issue from the get-go. I don't expect him to do much of anything on this this year. Indeed I wouldn't be surprised if he were to just not deal with it altogether and let the courts sort it out (or not as the case may be, for reasons I still can't fathom).


Note: please delete this post.

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#14 2009-06-13 8:44 pm

radarman
Member
Registered: 2005-02-28
Posts: 3584

Re: Does anyone still believe Obama cares about gays?

ShnickyShnack wrote:

Yeah, I figured Obama would do his damndest to not repeat Clinton's mistake of going after a gay issue from the get-go. I don't expect him to do much of anything on this this year. Indeed I wouldn't be surprised if he were to just not deal with it altogether and let the courts sort it out (or not as the case may be, for reasons I still can't fathom).

Agreed. If he had been wise, he would have quietly dropped the gay issue until he had built up some wins in other areas, and then come back later with some political capital in his coattails. To jump in now, and irritate everyone, was pretty stupid.

This, unfortunately, is another sign of Obama's naivety. Thankfully, one of the less damaging ones, but a big one nonetheless. I think we all knew he was going to make some newbie mistakes, but geez - doesn't he have advisers?

Last edited by radarman (2009-06-13 8:49 pm)

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#15 2009-06-13 8:44 pm

Tallgeese
Sternly Advising
From: Pool Party
Registered: 2000-10-17
Posts: 34007

Re: Does anyone still believe Obama cares about gays?

Well, he's dealing with it in his own way.
Which seems to be comparing gay marriage to child rape and incest. And saying that gays aren't being oppressed because they can marry, just not people they love. And saying that the government can't afford equal rights at this moment.


I still believe in liberalism today as much as I ever did, but, oh, there was a happy time when I believed in liberals.

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#16 2009-06-13 9:03 pm

ShnickyShnack
::: title edited due to Satanic influences :::
From: Rockin' out
Registered: 2001-05-25
Posts: 22237

Re: Does anyone still believe Obama cares about gays?

someone else who thinks Obama is naive

lol


Note: please delete this post.

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#17 2009-06-13 11:04 pm

radarman
Member
Registered: 2005-02-28
Posts: 3584

Re: Does anyone still believe Obama cares about gays?

ShnickyShnack wrote:

someone else who thinks Obama is naive

lol

How else do you explain it. It's not quite like the whole "Is Bush an idiot, or an evil genius" line, but it's still pretty compelling.

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#18 2009-06-13 11:09 pm

Tallgeese
Sternly Advising
From: Pool Party
Registered: 2000-10-17
Posts: 34007

Re: Does anyone still believe Obama cares about gays?

"Obama doesn't really care" ?


I still believe in liberalism today as much as I ever did, but, oh, there was a happy time when I believed in liberals.

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#19 2009-06-14 8:35 am

avkills
demyelinated brain matter
Registered: 2001-05-09
Posts: 7094

Re: Does anyone still believe Obama cares about gays?

It probably would not be an issue but since the tax laws are so smurfed up, it is.

-mark

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#20 2009-06-14 10:24 am

daemon
blank prince HAL
From: Golden Road (Out of Perdition)
Registered: 2008-01-03
Posts: 3642
Website

Re: Does anyone still believe Obama cares about gays?

bedstuy wrote:

I wouldn't expect you to be following the details on things of this nature, but I don't think anybody that is gay or activists or even those in the "gay establishment" (meaning organizations like Lambda Legal or Human Rights Campaign) expected movement immediately if even in the first year.  Every one is well aware of all of the other large challenges facing the country.  I think what is frustrating people is that not only is there not seemingly any communication with such groups by the administration, but that there's been a noticeable change in comfort even discussing things at the daily press brief, and on more than once occasion - coupled with odd things like altering the language on the WH web site re: DADT

The current thread, the substance of same, the language and flow of reasoning in the brief, etc. are what concern most, not so much that DOJ ended up defending written law as usual.  Now couple that with what, as far as has been described in the press, was no communication with the afore mentioned prominent gay establishment organizations like the WH would have done with any other such constituency, and your post is just naive and/or uninformed.  I remind myself that this WH can't be generally written off as incompetent like the last one, so I think it's easier to assume some sort of intentional slight.  I guess that's what concerns me the most.  Theoretically I can wait a couple of years for substance but it's increasingly hard to do so with the other bs I just mentioned.

Yes.


Can I just throw in that on some issues it's never the right time to do the right thing?

I really wish the 'other' 20% could get a chance at the wheel. Piss that other 20% off, and do what's right, at least on this issue. Hell, 'that' 20%'s the folks who gave CA Prop. 8. Along with a million other things they've been busting on over the last umpteen years.

I'm sick of it.

Last edited by daemon (2009-06-14 10:26 am)


Brigid O'Shaughnessy: I haven't lived a good life. I've been bad, worse than you could know.
Sam Spade: You know, that's good, because if you actually were as innocent as you pretend to be, we'd never get anywhere.
http://sitruc.blip.tv/file/2661495/

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#21 2009-06-14 1:03 pm

Pariah
James Carville Fan..
From: Belly Of The Beast, Oklahoma!
Registered: 2001-05-24
Posts: 18394

Re: Does anyone still believe Obama cares about gays?

I fear this may be the result of a calculated attempt at a "triangulation" by taking an issue away from the right. It's a smurfed up bit of political calculation to be sure.
Looking at the map and the states that have approved gay marriage, looks to me like we are going to end up with another free state, slave state split in the nation. The neo-Mason-Dixon line as it were.


"and it's not surprising that they get bitter, they cling to guns or religion or antipathy to people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations."
Barack Obama

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#22 2009-06-14 1:28 pm

avkills
demyelinated brain matter
Registered: 2001-05-09
Posts: 7094

Re: Does anyone still believe Obama cares about gays?

The solution is easy, but because we have a bunch of old farts running the show; it ain't happening anytime soon.

-mark

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#23 2009-06-15 1:14 am

bratboy
laden with emotion
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 34106

Re: Does anyone still believe Obama cares about gays?

radarman wrote:

If you had to choose between nationalized health care, which could materially improve the lives of nearly 50 million Americans, of gay marriage, that might improve the lives of a few million or so; which would you choose?

It's not likely that Obama changed his mind, or was lying (completely) during the campaign. It's more likely that once he stepped into office, he realized that he had to make tough calls. You can only pick so many fights and win, and right now it appears that the Obama administration has decided to choose health care over gay rights. I suspect that Obama is throwing some bones to the Republicans to get their support on issues he considers more important.

'With all deliberate speed,' then?

I don't think your theory is reasonable.  I see this as yet another example of this administration going out-of-its-way to pursue a course opposite to that which was promised.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#24 2009-06-15 1:56 am

KHannon
Member
Registered: 2000-05-14
Posts: 3097

Re: Does anyone still believe Obama cares about gays?

I, for one, won't be voting for the President again if, by the next election, there are not some substantial steps taken towards his election promises on this front .

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#25 2009-06-15 2:23 am

Daniel
[dp] design#
From: Melbourne, FL
Registered: 2000-11-21
Posts: 9703
Website

Re: Does anyone still believe Obama cares about gays?

KHannon wrote:

I, for one, won't be voting for the President again if, by the next election, there are not some substantial steps taken towards his election promises on this front .

Same.


Airman Dan
Private Pilot, Instrument Airplane Single-Engine Land
http://homepage.mac.com/dp.design/.Pictures/atat/AtAT-Banner.jpg

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