DISQUS

AMERICAblog: A word about Barack Obama and the lawyers in our midst

  • Emma · 5 months ago
    I am a straight, middle-aged spinster and I am pissed as hell about this. And don't tell me the DOJ couldn't have found ways of "damning the law with faint praise" because it happens ALL THE TIME!
  • lileasy · 5 months ago
    Emma. "Spinster." I seriously love that word. You made me smile.
  • ChrisSF · 5 months ago
    Me too. I've been trying to bring back "spinster," but there are surprisingly few opportunities to use it these days!
  • Emma · 5 months ago
    It's a wonderful word, really, and it says what I want to say about myself!
  • Ben Dover · 5 months ago
    Barry played us. Just like a street hustler he told us exactly what he knew we wanted to hear and we fell for it hook, line and sinker.
    We were so anxious to finally have a champion that we poured out our support, we eagerly gave our money and we followed the street hustler all the way down the path.
    And just like a street hustler, when Barry had taken all that he could from us, he turned against us in the most vile manner possible.
    We are shocked and saddened that we fell for Barry's strong words of "fierce advocacy", and are embarrassed that we allowed ourselves to be taken so easily.
    And now the damage is done, we now know that we cannot trust Barry's flowery words, sweet nothings and hollow promises.
    We have learned the hard way, yet again, that street hustlers who wear political masks of promised change are exactly like wolves wearing sheep's clothing.
    May we never allow it to happen again.
    IMHO...of course.
  • Butch1 · 5 months ago
    Well said, Joe. I'm getting tired of being thrown under that bus. We might as well throw ourselves under the bus and save them from having to do it. Every time someone comes courting us for votes and pretends to be our friend, and because this happens EVERY time to us, we get the short end of the stick or we get scraps from the feast table or we end up carrying the can. Promises to get elected, and then betrayal have happened to us for the last time. We can rain on his parade until he does what is right by us. He can keep his homophobic self away from us until then.

    All the gays and lesbians who have helped dress Michelle, do her hair and other things to help make them presentable should step aside.

    I would like to see every gay and lesbian person in the armed forces stand up and tell them they are gay and proud of it. Let his "rule by the laws" fire every single one of them. They do not deserve to have honorable, highly trained gays and lesbians serving them. You want to see about 16K soldiers, sailors, marines and airmen walk away during a time of war? That is what we are going to have to do to get their attention.

    We need to make as many states as possible allow our marriages. Bravo to the New England states.

    We need to stop supporting our representatives and senators in Congress until they stop being silent about this issue and actually do something. Obama is hiding and passing the buck to them to make this decision. Wasn't he another one to say, "The buck stops here?" He is so afraid of hurting the republican's feelings that he won't make the first step even though he boasted about do it immediately once he is in office. He would rather toss us aside than do what is right. Wanting to be liked by all is his " Achilles' Heel," and what that does is to assure that no one will like him, especially the base that helped him get to this office.

    We swallowed his bait and switch hook, line and sinker and now we watch him cut bait and run. He isn't going to get away with this as long as we continue to be vocal about it and hold his feet to the fire. Perhaps, a new Stonewall of activism needs to start. What are our "national gay groups" actually doing for us? Why not start ACT UP again. Where are you young gays and lesbian activists of college age and are you willing to fight for your rights? You're the new blood in this movement and perhaps, it's time to start thinking about what you can do. My time has past, being old and now disabled, but you could. We need new leadership in our gay and lesbian associations. The present bunch are way too civilized and nice to our oppressors. Yes, oppressors. It's obvious that this tactic didn't work.

    There must be something we could do to get their attention. Let's find out what that is and let's do it. There is no better time than now.
  • fredndallas · 5 months ago
    I totally agree Butch. Honestly the only damned true leadership I'm seeing in our community is coming from a select few blogs -- the folks here, Pam Spaulding and maybe a couple of others. It seems to me any effective leadership is either going to be blog-centric or pop up out of the ether somehow. The need is urgent and literally the kind of life gay people are going to have in this country for the next 30-40 years is riding on it. Help!
  • Butch1 · 5 months ago
    I am thankful John, Joe and Chris exist. This blog is central in despensing political news and more, political opinions. I'm finding the national groups are becoming so commercial and less active, politically. They have their annual gathering parties and pat each other on the backs but we need real grass roots, activist type foot work. I mentioned ACT UP. Many thought it was over the top and that we were being too rude to our oppressors. Well, they were ahead of their time and we need them now, demonstrating for our rights. We need to be out front, making news and keeping our plight as second class citizens on the front burner. I have never trusted "back-room" deals and if that is what our major supporting groups are doing, they should come out into the light and expose the dealings. Obama talked about transparency, well, time to "walk the walk."
  • scootmandubious · 5 months ago
    The worst part of yesterday's ruling was coming on this forum and reading all of the comments from so-called Democratic allies that we should stop whining, because Obama's agenda was filled with so many allegedly more important things like health care.

    There is nothing more important than basic human rights.

    This isn't about the 'luxury' of getting married.

    It is about being denied protections for our partners and not receving the full benefits, and civil rights, of a system we pay taxes into.

    It comes about after the fury of realizing that minority rights can be stripped away by a simple majority vote, and having the courts say that is fine.

    But, ultimately, it is about betrayal by a man who lied to our faces to get elected and who cares more about preserving a well-crafted 'centrist' image, then doing what is ethically and morally right.

    I think that if we do not raise our voices now, the Democratic Party will walk all over us.

    Personally, I want to hear Obama specifically defend, or retract the arguments made in this case.

    It is time for our President to engage in a little intellectual honesty on this.

    It is one thing for him to not specifically support and 'push,' if you will, gay marriage. It is another thing entirely to equate it with incest and discuss the burden to our economy.

    What about our tax dollars?
  • The Gay Species · 5 months ago
    Apparently, gay men in San Francisco did not read the 15 May 09 California Supreme Court Decision, which did NOT use equality, due process, or the standard "rights" angle.

    It was a strictly nominalistic decision.

    In brute logic:

    1) "Marriage" in California has a body of laws
    2) "Domestic Partners" in California has a body of laws
    3) The two bodies of law are virtually identical in all but "NAME"; Under Leibniz's Law of Identity, they are the SAME in all but NAME, Why?
    4) Does the State have a compelling reason to distinguish the two bodies of law?'
    5) Having considered all the "compelling reasons," the only reason the Court finds for TWO DIFFERENT NAME is to "stigmatize" one by its NAME
    6) But that is DISCRIMINATION, which is UNLAWFUL
    7) Therefore, we find in favor of the Plaintiffs

    It should be noted that NONE of plaintiff attorneys made the Court's argument. Go back to school, guys, and take a biology course. Pair-bonding is the natural fact, "marriage" is a social fact from J-C-I religious foundations.
  • nicho · 5 months ago
    Marriage, as practiced in the US, is a civil contract. If any person is barred for non-relevant reasons from entering into a civil contract, that is discrimination and a violation of that person's rights.
  • dshsfca · 5 months ago
    THAT WAS NOT the opinion rendered by the majority on the California Supreme Court. But I'm sure you are much smarter than they.
  • Gridlock · 5 months ago
    Funny, many of my gay friends got MARRIED at city hall, some of them had a religious ceremony at their local Unitarian church. They could have done one, or the other, or both.
  • cgindc · 5 months ago
    Again, "marriage" existed long before there was "God" (i.e. Abrahamic/monotheistic religions) and in most cases was a civic institution, not a religious one. The "foundations" you speak of were adopted largely from Greek, Roman and Egyptian rituals, none of which were "J-C-I". It is you sir, who needs to hie thyself off to an educational institution.
  • Indigo · 5 months ago
    Remember the scene in Milk when Harvey goes to the A-gays for funding? They assured him that things have got to be gradual and that the one-step-at-a-time approach is best, it's important to work inside the system. It didn't work then, it won't work now.

    The system is working to marginalize, demonize and sideline us. It's important now to work against the system so if you happen to be at an event among the A-gays this summer, if you don't want to pee in their lobster bisque, at least pee in the swimming pool.
  • fredndallas · 5 months ago
    Absolutely! That A gay approach has its place perhaps, but its limits are glaring and loud. Enough of the Aunt Marys.
  • Indigo · 5 months ago
    Come to think of it, without the Aunt Marys, would HRC ever give another cocktail party? or anything?
  • Trev · 5 months ago
    Bravo, Joe, and thank you, John, for this coverage.

    Obama played us. We learned our lesson. Time to take what's rightfully ours.

    And time to tell the patience-preaching apologists to shove it. No American citizen should have to wait for equal rights.

    Keep up the great work.
  • mooresart · 5 months ago
    Did any of you catch Bill Maher last night? He really took Obama to task. It was rich! In a convoluted way I think Obama has done gays a favor by defending DOMA because it has exposed him for what he really is -- just another slick politician rather than any kind of savior. Now that the honeymoon is over we can get down to the business of securing our equality. It's a fight worth fighting and I'm up for it.
  • MichaelS · 5 months ago
    Hard to believe, but there's yet another unsettling aspect to this whole affair that even the apologists may finally have to concede -- this was done as part of a Friday news dump, and this administration has already shown it knows well that it should dump unpopular news then, when no one is watching. It's just another piece of evidence that this was NOT accidental, or sloppy, or anything less than a deliberate act of violence (and that's not too strong a word) against the gay community. For Obama's own political benefit.
    And we wonder why Republicans always cast Dems as cowards???!!
  • nicho · 5 months ago
    BRAVO, Joe.

    My feeling right now -- besides outrage -- is that trying to figure out why they did this is like trying to figure out what happened in the Air France crash. There are so many logical possibilities that, without any other evidence, it's all speculation.

    The simplest answer is that they just didn't consider it important -- which is bad enough. They weren't watching what was going on and they ended up letting some Mormon bigwig earn his points with "the brethren" in SLC by putting the Mormon talking points in Obama's mouth.

    The other possibilities are still on the table, but they are all so politically charged, you would think they would have been prepared for the fallout. From reading all the blogs yesterday -- and watching the responses on the blogs -- I have a feeling they were taken by surprise.

    The first I read of this was on ABlog and then it started spreading through all the other lefty blogs. At first, the "defense" was negligible. Then, the talking points started to take shape and you could see as the day went on that the party's official line -- as parroted by their in-house blog responder apologists -- was a work in progress.

    By mid-afternoon, you could see a set of talking points had gelled. Right here on ABlog, there were first-time posters parroting the talking points and you saw the same thing happening on DU, HuffPo, etc. Same arguments - same words -- same few talking points. By the end of the day, I had the feeling that hundreds of Congressional aides had been let out of work early just to go and spout the party line. Or that hundreds of volunteer blog apologists had gotten out of work and got home to find the emails with the talking points.

    So, if they knew they were going to seriously fuck over the GLBT community they were stupid if they didn't think they were going to kick open a hornet's nest. You would think they wold have faxed or emailed the talking points to their operatives before the story broke.

    And they weren't even good talking points. They were all pretty weak and, as we've seen her, provably false.
  • JamesR · 5 months ago
    Most excellent points, THANKS.

    The Democrats seem to suck at under-bus throwing, and the aftermath. I don't know if that's a good thing or a bad thing per-se but it certainly looks at least incompetent.
  • alex · 5 months ago
    Vote for him was my last option. I have never seen his openness on gay issue throughout the last year campaign. Will vote him off next time no matter who would be the Reb candidate. Would rather have a Rep president than a conservative homophobic Dem. No money for him. He is a liar.
  • Ben Dover · 5 months ago
    That was spot on, Butch. Especially the part about ActUp.
    ActUp accomplished more than HRC and the rest could ever hope for.
    I too wish that our younger peers would once again use those proven tactics and achieve the same results.
    For those that don't know about, or have forgotten how to really fight for Equality:
    http://www.actupny.org/
  • george · 5 months ago
    WOW - Hard to believe this is really happening. I am tired of being "patient". It's quite clear Obama is a FRAUD. Just went out and peeled my Obama 2008 stickers from both cars.Appreciate your hard work.
  • Steve · 5 months ago
    Joe, you've hit the nail on the head.

    I think we should be disappointed that the justice department chose a strategy of defending DOMA instead of declaring the law unconstitutional and refusing to defend it.

    I can see no legal argument where DOMA is constitutional. A couple legally married in MA or one of the other states, should have the same federal benefits as any other married couple and their marriage should be respected in all jurisditions.

    Where the outrage is justified, is not in the filing of the brief, but the tone, argument and content of the brief. I was appalled at what I read.

    I think we should find out who at Justice is responsible, who their managers were, and how high up the Justice management chain did any decisions with regard to the brief go.
  • caphillprof · 5 months ago
    It's time to name names, give addresses and telephone numbers, . . . emails too.
  • 4dogs · 5 months ago
    I was shocked by Obama's attitude. I wondered if there needs to be some large scale co-ordinated efford to make your voices heard in one particular way. Maybe a day where the community all over the U.S. calls Obamas office, so the MMS covers this.
  • Gary SF · 5 months ago
    Obama is a homophobe. We wanted to think otherwise and this betrayal DOES hurt.

    Oh, and just where are the caring voices of our Democratic leaders?

    It is time to move on - to an aggressive agenda outside of DC.

    Not one Nickel.
  • Stephen · 5 months ago
    Wonder why he'd put up with gay friendly Trinity for all those years.
  • Gary SF · 5 months ago
    There are 'degrees' of homophobia. Obama would never physically attack a gay. But advocating for a 'separate but equal' solution for us is HOMOPHOBIC.

    What I suspect is that Obama has no problem with LGBTs being the 'collateral damage' in thirst for power.

    We have been thrown under the bus.

    Is that Trinity the same church with the Jew-hating pastor? I thought so.

    So if Obama's spiritual teacher is a bigot, it isn't a stretch to think that Obama is a bigot. I wonder if Jewish gays 'feel the love' from Trinity?
  • Mel · 5 months ago
    I'm a Jew and a lesbian. The only thing I'm feeling from this administration and his allies is HATE. Every time Obama quotes "religion" for defining marriage, it is a slap in my face as both as a gay person and as a Jew. Reform Judaism supports gay marriage and has for over a decade, but apparently Reform Judaism isn't a "religion" worth noting by the president of the United States.

    Of course, that whole first amendment thing is just so passe and politically inconvenient, we can't expect the man who took an oath to uphold the Constitution to give it any notice. Right?
  • Stephen · 5 months ago
    Thirst for power? He already has power.

    I'm not sure what Wright's statement about Jews has to do with Trinity and its gay outreach missions...

    You're distracting yourself from the primary argument. You do your cause a disservice.
  • Gary SF · 5 months ago
    Most of us understand how 'power' can have a very limited 'shelf life.' If you think that Obama's 'power' is static then you are politically naive.

    My statement about Wright is simple: He is a bigot and is either oblivious to his bigotry or comfortable with it. Ditto for Obama.

    Speaking of disservice, if you are so caught-up in legal theory and technicalities and cannot see this for what it is, you reduce yourself to the 'just following orders' class.

    May I suggest that you try to focus upon the rights issues?
  • RonNYC · 5 months ago
    About DOMA and Obama: I am sadly not all that surprised. Very sad, because it means, to me, that Obama is a poser, able to strike a tone and pose for short term benefit. We all know politicians are like that; I guess we hoped me might be diffierent; he seemed so different, like a new day dawning. But it isn't true and now, if you look at the administration, the continuation of Bush secrecy and all that, nominating Republicans for cabinet positions and ambassadorships, etc., the picture isn't pretty, but it is unfortunately consistent. He is looking more and more like a bigot. If he doesn't disown this brief, fire the attorney, refile and apologize to us, then in my view he is a bigot. Frankly, for gay rights, Cheney and McCain look much better right now.
  • Blueflash · 5 months ago
    He seemed so different. Did he really? After his flirtations with McClurkin and Warren? The McClurkin business caused a lot of anxiety among his gay supporters and then as now he never could bother to offer us an explanation and his inaugural invitation to Warren was a slap in the face to all progressives, not just self-respecting gays and lesbians. Then there were his transparent lies regarding his relationship with Wright and his final betrayal of the man (like him or not) who had supposedly been his "spiritual mentor" of twenty years. Obama's at least bit of a fraud. Maybe more than a bit.
  • RonNYC · 5 months ago
    I think you are probably correct; I was just unwilling to let go. Lets face it, after 8 years of the Bush horror, I wanted to believe at last we have someone completely different, someone who exemplifies the best of the liberal American spirit, not more of the same lying, hateful hypocracy. It is really very very sad.
  • Donald Hitchcock · 5 months ago
    2 hours ago
    I think the Dallas Principles are relevant here. I hope Joe agrees. Particularly Numbers 1, 3, 5, 7, and 8.

    The following eight guiding principles underlie our call to action.
    In order to achieve full civil rights now, we avow:
    1.Full civil rights for lesbian, gay, bisexual and transgender individuals must be enacted now. Delay and excuses are no longer acceptable.
    2.We will not leave any part of our community behind.
    3.Separate is never equal.
    4.Religious beliefs are not a basis upon which to affirm or deny civil rights.
    5.The establishment and guardianship of full civil rights is a non-partisan issue.
    6.Individual involvement and grassroots action are paramount to success and must be encouraged.
    7.Success is measured by the civil rights we all achieve, not by words, access or money raised.
    8.Those who seek our support are expected to commit to these principles.

    www.thedallasprinciples.org
  • HereinDC · 5 months ago
    "And so help me God, we will continue to hold this President accountable for his broken promises and his betrayals, to hell with the lawyers."

    Yes, yes.....HELL YES!
  • Tony T · 5 months ago
    This blog has become dominated by this subject. It has come to the point for me that I am going elsewhere to fnd a balancing point of view.
  • Gary SF · 5 months ago
    'Balancing' point of view? Note to you: Every issue does not have a balancing point of view.

    What is the balancing point of view regarding our efforts to fight racism? That blacks are bad?

    How about the balancing point of view that women should have the right to vote? That they are designed to be barefoot, pregnant and in the kitchen?

    Sorry, but either you are truly ignorant or just plain homophobic.

    Going elsewhere? C-ya.
  • Dave · 5 months ago
    Usually when you want a "balancing point of view" its in regards to the SAME subject, hence the balance that you're looking for.

    Thus, I'm confused at your comment. Honestly, I've been upset that there wasn't MORE discussion regarding this betrayal on here - and I'm a straight white guy - so I can only imagine one of two things -

    1 - You're a troll
    2 - You have difficulties identifying with your fellow man, and need to get out more.
  • Gridlock · 5 months ago
    how do you find a balancing point of view on bigotry?

    p.s. We don't need an announcement, attention whore.
  • RainbowPhoenix · 5 months ago
    Can that balancing view be found at the end of a certain bridge in Alaska?
  • DemVet · 5 months ago
    G'dbye Tony. Have a nice secluded life in your whatever closet. We won't miss you.
  • scootmandubious · 5 months ago
    Hey Tony, don't let the door hit you on the way out.

    By the way, nice how you were able to get the word 'dominated' included in your little missive. Have fun on Craig's List.
  • Jim Olson · 5 months ago
    Read the blog description. This blog has often focussed on gay issues.
  • R_Elland · 5 months ago
    Good for you! Show people that you have limits on what you read in OTHER people's blogs!
    Why, with the money you spent reading this... oh wait... you didn't spend any money...
    You came here.
    Period.
  • HereinDC · 5 months ago
    Tony must think it's the 1950's.
  • catdance · 5 months ago
    Not like you'll be missed.
    Maybe someeday you'll learn that some things just can't be "balanced."
  • ChrisSF · 5 months ago
    Try Fox News.
  • tlsintx · 5 months ago
    there is no reason on earth why gay humans and straight humans should be treated any differently.
  • Gridlock · 5 months ago
    Hey John/Joe, i have a number of straight lawyer people telling me that the incest thing is "inflammatory" and "out of context" and "a big reach".

    Got anything I can throw back at them? They say the link is full of crap.
  • Gary SF · 5 months ago
    I can't speak for John and I'm not a lawyer, but the Obama administration could have claimed that the plaintiffs lacked standing or even that the court lacked jurisdiction and that would have been sufficient.

    But no, they chose to file a vigorous brief that seems to be rooted in the 'talking points' (which always includes the 'slippery-slope' argument that if same-sex marriage is legal, people can marry their siblings or even animals) of Republicans, Mormons and other anti-gay hate groups.

    This vigorous brief goes beyond what would be considered reasonable from someone (Obama) who said that the wanted DOMA repealed.

    I knew something was up when reviewing Wikipedia on May 30th. This is what I found:

    Until May 2009, President Barack Obama's political platform included full repeal of the DOMA. As of May 2009, President Barack Obama no longer explicitly supported full repeal of the DOMA

    So you can tell your straight lawyer people not to focus upon the incest issue alone.

    Ask them to take a look at what Obama said during the campaign, what he is empowered to do and what he has done. FYI, about 230 enlisted military have been discharged because they are gay or lesbian under Obama.

    He could stop the enforcement of this while working to get DADT repealed. But he does nothing to stop it and nothing to repeal DADT.

    Ask them how we LGBTs can feel equal when Obama says that he wants us to have our own water fountain called 'civil unions.'

    Inflammatory? They haven't seen anything yet.
  • John Aravosis · 5 months ago
    You are 100% right. In fact, Joe and I both mentioned that point. The brief talked about them not having standing. And rather than stopping at that, it went it a full throated defense of DOMA and incest.
  • Stephen · 5 months ago
    Every brief I've ever gotten from the DOJ makes every argument possible.
  • Stephen · 5 months ago
    Why aren't you also saying that it compare homosexuals to KKK members? That would be a logical conclusion for you to draw from your reading of the brief...
  • John Aravosis · 5 months ago
    I missed that part, but if it did, then they should be slammed for that too.
  • Stephen · 5 months ago
    It was just citing case law.
  • FastAndBulbous · 5 months ago
    So the best case law they could find about regulation of marriages was regarding incestuous marriages and marriages involving children?

    If that is true, I feel sorry for them, because they're going to lose, *and* they just pissed off a bunch of people with no upside.
  • John Aravosis · 5 months ago
    Of course they did. Because they're lawyers. Simply respond:

    "You know I was thinking about your parents yesterday. Lovely people. Your mom, your dad, their marriage, the way they feel about each other, the way they express affection for each other, the entire nature of their relationship... and it got me thinking about incest...."

    End of discussion.
  • Stephen · 5 months ago
    Did they have other case law on point? It seems unlikely...
  • ChrisSF · 5 months ago
    Well nothing required them to make that particular argument or cite those cases at all, but the point could have been made with other "public policy" based denials of full faith and credit. Heck, they could have cited the many pre-1967 cases in which states refused to extend full faith and credit to interracial marriages from other states! That would have been a pretty good cite.
  • ChrisSF · 5 months ago
    Maybe they should have cited the First Restatement of Conflict of Laws, which said that in addition to polygamy and incest, another state did not have to recognize "a marriage between persons of different races where such marriages are at the domicil regarded as odious."
  • FastAndBulbous · 5 months ago
    The Law as not political. That's rich. Hell, one sees accusations of "politics" in astrophysics and mathematics for crap's sake.

    Your take on this, Joe, is entirely correct. Keep it up.

    @Gridlock - didn't the DOJ brief cite prohibitions against close relatives marrying as an example of appropriate regulation, just as they suggest prohibiting gay marriage is?

    If not, where they just trying to show that, yeah, it is possible to have laws about marriage? I think the court pretty much knew that already.
  • Gridlock · 5 months ago
    Yeah, i basically shot back that the examples used (incest, etc) were not just precedence citing, that THOSE examples were picked specifically because right-wing nonsense aways tries to link gays with pedophilia, incest and all the rest.

    They apparently weren't buying it, but I figured it was the most obvious thing in the world..
  • FastAndBulbous · 5 months ago
    Did these people read the brief? Incest was used as an example. Now it may be that states are very reluctant to "stand in the way of love", so examples are hard to find. Well, if the only current bans are incest, child marriage, and "plural marriage", then maybe gay marriage isn't quite in the same category (as the folks you talked to seem to believe). OK then, if it isn't like that other stuff, then that other stuff shouldn't have been in the damn brief.
  • eclare · 5 months ago
    Right on, Joe. I completely lost patience with classmates and professors that treated law as if it existed in a vacuum, free from actual human interference. The law does not exist outside of human experience, so of course the political philosophies of lawyers and judges matter. The law truly compels very little.
  • whenwego · 5 months ago
    In this day and age to deny equal treatment to people is just disgusting. I hope every Democrat stands up and condemns this position and this name calling by the Obama administration.
  • Kate · 5 months ago
    I argued all yesterday and some today on one of those self-righteous legal threads you talk about. Unfortunately I don't speak with the authority of a legal degree which seems to put me at a disadvantage. I think the tone more than anything has been irritating me so I should probably take a break at this point. The DOJ had a choice and they chose this path.
  • SteveW · 5 months ago
    "It had the backing of the President of the United States."

    How do you know that?
  • RainbowPhoenix · 5 months ago
    The buck stops where?
  • NealB · 5 months ago
    He has yet to decry its argument. He has yet to reaffirm his support for the promises he made to us during the campaign. Silence = consent. In absence of any statement to the contrary, in the absence of any action yet for fairer treatment of gays at the federal level from Mr. Obama, it's reasonable to assume the brief has the backing of the president.
  • Blueflash · 5 months ago
    A gay rights issue. What politician in their right mind wastes his time paying attention to that uncontroversial legal issue and the position his justice department takes on it? Especially a president who was on the Harvard Law Review and taught constitutional law at the University of Chicago. But if we're wrong then maybe Obama can deign to send us a message that we are. Maybe he can finally deign to send us any kind of message.
  • Butch1 · 5 months ago
    The problem is, would we actually believe what he says since he has lied to us whilst campaigning?
  • FastAndBulbous · 5 months ago
    Because the lawyers who filed it all work for him, of course.
  • Stephen · 5 months ago
    No offense but overall segregation of African Americans was way more harmful than an inability to get married in most states so though I understand the need to compare the inability to get married to something you should probably stick to interracial marriage or risk seeming disingenuous.

    And a lawyer claiming that the brief compared gay marriage to incest and child rape is either a bad lawyer or full of shit and again is harming the cause since it did no such thing.

    Unless the person also thinks it compared homosexuals to the KKK. Then that individual is just a bad lawyer I guess.
  • RainbowPhoenix · 5 months ago
    Come back after you've been left homeless and financially ruined by disaproving in-laws. Until then, you have no idea what you're talking about.
  • Stephen · 5 months ago
    Yeah like my mother being disowned because she was with a black man in the 60's. Totally no idea. Like my grandmother growing up in the Jim Crow south on a sharecropping farm owned by people who used to own her family. Totally no idea.
  • RainbowPhoenix · 5 months ago
    Where you're grandparents able to legally interfere with your parents' relationship?
  • Stephen · 5 months ago
    My parents were prevented from legally consecrating their relationship in most of the US and my father could have died for just walking down the street with my mother in many places.

    Are parents of gay people legally able to prevent them from having a relationship with other gay people?
  • Gridlock · 5 months ago
    Yes, and for many suicide is the only way out. Probably should read up on those stats.
  • Stephen · 5 months ago
    Yes? What laws allow such a thing? Please cite statutes or cases as that's an interesting position to take.
  • Gridlock · 5 months ago
    Family pressure, social programming, and otherwise. It's not a matter of law, but of pressure. They aren't legally or illegally allowed or disallowed from doing any of it, and it still happens.
  • Stephen · 5 months ago
    Same for my parents then. So no difference there.
  • Gridlock · 5 months ago
    I think it's a matter of degree. Again, back to the suicide stats.
  • RainbowPhoenix · 5 months ago
    They can, they have, they still do.
  • Stephen · 5 months ago
    They can based on what legal right? What are you saying exactly?
  • RainbowPhoenix · 5 months ago
    Family is give priority in medical emergancies and inheritance. The partner is considered a legal stranger, thus priority goes to the parents, then siblings, then aunts/uncles, then cousins.
  • Stephen · 5 months ago
    Then yes my parents faced the same thing as they were not legally able to marry for some time.
  • RainbowPhoenix · 5 months ago
    Then I would think you would be more understanding.
  • Butch1 · 5 months ago
    Homosexuality was considered a mental disorder until 1973-4. To "practice" it was against the law and one could lose their job, their apartment their life and be sent to prison only for loving another person. At least as a black person, you weren't denied being able to have sex or make love to another. We are comparing apples to oranges, or this has become a pissing contest to see who has had a worse time being oppressed. What is ironic is that after all the oppression blacks have suffered, they can not recognize that there are other minorities in this country still being oppressed. Now days, to be a woman, lesbian and black, becomes three strikes against a person before they even get to the plate. Perhaps, you should find a black gay or lesbian and ask them if being oppressed as a gay person is any different than being oppressed as a black? I would be curious to hear their answer.
  • Stephen · 5 months ago
    That failed to address my question at all and if a black person loved a white person they'd also be prevented from a full and loving relationship. Your comparison is as bad as saying that gay people aren't prevented from marrying the opposite sex.
  • Butch1 · 5 months ago
    First, I wasn't addressing your question, and I am aware of the law in the 50s against interracial marriages. The comparison I made was to show you that never has being black been considered a mental disease, though you were considered 5/8th of a white person. It was also against the law to practice homosexuality, which is something you would not be charged with unless it was pre 50s and interracial. As a second-class person, not on par with heterosexuals, I know very well how it feels to be considered less than equal. Perhaps, you need to broaden your scope when reading these comments and not dismiss them only because they don't fit the format you would like them to be in. Take my comment for the content and what it is worth. Kindly, try and not dismiss everything because we didn't adhere to your Q and A structure.
  • Gary SF · 5 months ago
    Not that I know of. However, my government prevents me and my husband from co-habitating because he is not a citizen of the US.
  • Stephen · 5 months ago
    Well they don't they just make it extremely difficult by forcing him to get a visa separate from your relationship. A clear travesty of justice.
  • Gary SF · 5 months ago
    I guess that you don't know much about immigration law.

    No, he has no rights to live here, period. Several lawyers have verified this. FYI, there are about 40,000 same-sex, bi-national couples with this same dilemma.

    I'm moving to Europe, so we'll be fine.
  • ChrisSF · 5 months ago
    Andrew Sullivan has been posting regularly about how he's running out of options and is probably going to be forced to go back to Europe soon, sans husband.
  • John Aravosis · 5 months ago
    No offense, but my people were targeted in the Holocaust. African-Americans weren't. We can all play the "who's a bigger victim" game. So perhaps it's time to stop playing it at all.

    As for the incest claim, you know, I was thinking about your parents the other day, Stephen. Your mom, your dad, their marriage, the way they show affection for each other, the way they show affection for you, and it got me thinking about incest and pedophilia...

    Oh I'm sorry, I wasn't comparing your parents' love for each other and their love for you to some guy who fucks his sister, or some old man who sodomizes an 8 year old girl, I'm simply saying that when discussing your parents, my mind goes to incest and child rape.

    :-)
  • Stephen · 5 months ago
    Well actually black people were targeted by Hitler but that's not terribly relevant.

    My point was that arguments that are overblown weaken the fundamental point and give people an out. No need to talk about the real issue we can just focus on tangents.

    This brief is very weak but not because it compares gay marriage to incest or child rape - because it didn't. It's weak because the underlying premise that this is different than interracial marriage because it's not an attack on homosexuals is completely wrong.

    If the argument is that it's protecting traditional marriage then you have to ask what it's being protected from. Homosexuals of course. They're dancing around the issue and you're getting distracted by case law citations and not attacking the brief and argument at its weakest point.

    I understand the emotionality. I do immigration and civil rights work. However, emotion without a good argument loses in court.
  • John Aravosis · 5 months ago
    Fair enough, Stephen. I disagree about the incest part, though - I think that on its face it's pretty abominable. If a Republican politician honored the Loving v VA anniversary yesterday by starting to talk about inter-racial marriages and then segued into incest, we'd burn them alive at the stake.

    I also do think we have a good argument, but am happy to debate that, and welcome the advice :-)
  • Sidney · 5 months ago
    Hi John. As a gay African-American man from a Jewish family (yes, that's a lot to taken in) who is upset about the DOJ's legal arguments to keep DOMA, I have to say that your comments comparing the historical persecutions of Jews and African-Americans ARE offensive. You clearly are implying that one (e.g., the Holocaust) is worse than another and that's not an argument anyone can win.
  • John Aravosis · 5 months ago
    As an American who actually knows how to read English I must say that I find your response ignorant and nonsensical. I quite clearly stated that it was the other writer who was trying to prioritize prejudice, and I made the Holocaust example to prove the point of why you can't play the "my suffering is greater than your suffering game." You're an idiot, or you don't understand English.
  • Sidney · 5 months ago
    Well, I do understand English and I also understand how to read the subtext underneath what people write. Thanks for your comment; I'm not sure how it helps to attack people who agree with your premise that same-sex marriage should be legal, but best of luck to you.
  • timncguy · 5 months ago
    you are a twit. An earlier poster said gays should compare our struggle to the black civil rights struggle because apparently we haven't been beaten and thrown in jail enough or suffered enough yet to compare them.

    John rightly pointed out that gays suffered highly at the hands of the Nazis just like the Jews did and that blacks did not suffer at the hands of the Nazis. He also quite clearly said there is no point to trying to compare suffering.

    Every minority group does not have to suffer in the exact same ways and/or degrees in order to claim the use ofthe term "civil rights". It's assinine to make that claim.

    The previous poster was upset because they interpreted the comparison as if it was related ONLY to gay marriage.

    The civil rights struggle for gays is NOT about marriage alone. Gays have no federal rights for anything. So, that original poster was way off the mark.

    Gays can be fired for being gay. Balck were never fired for being black.

    Gay can be denied access to housing for being gay, just as blacks were.

    Gays are beaten up just for being gay on a daily basis just like balcks were. Just because you don't see it in the news every night, doesn't mean it isn't happening.

    Does it require a one-for-one relationship in total numbers before we are allowed to point to the similarities?
  • Butch1 · 5 months ago
    ;-) Very good and to the point.
  • obamacrat · 5 months ago
    An Italian dude marrying his niece in Italy and not having that marriage recognized by the American state which he moves is not quite "an old man sodomizing and 8 year old girl." Unless, of course, his niece was 8. Is that the specific case that was cited or are you just embellishing?
  • Gary SF · 5 months ago
    So do you support same-sex marriage or not? Or do you hide behind 'lofty ideals' and legal theory and never choose sides?

    Do you think that it is disingenuous when 'legal scholars' that work for religious organizations say that allowing same-sex couples to marry will result in people marrying children or animals?

    Is your indignation reserved only for those of us concerned with LGBT issues?

    Do tell.
  • Stephen · 5 months ago
    Sure I do. Any argument against it is implicitly an attack on homosexuals. Slippery slope arguments are silly since, as any lawyer knows, states can restrict marriages to two consenting adults on public policy grounds.
  • frank · 5 months ago
    Gays are being killed in Iraq! Yes we have evolved in the U.S to no longer have slaves but give me a break- Jews weren't the only one gassed during the Holocaust. The discrimination that still exist in both the African A. and Gay communities sucks. Instead of coming together in Unity over generations of hate we get comments like yours. sad
  • Stephen · 5 months ago
    The fact that you think my comment is a "hate" comment says more about your irrationality than anything I said.
  • Gridlock · 5 months ago
    Fine. We've been oppressed since the dawn of time in most cultures. We win. AA's got nothin on us, well except for the gay ones. Oops. Did i mention we cross all ethnic boundaries?

    Yeah.
  • Stephen · 5 months ago
    An inability to focus harms your arguments and ultimately your cause.
  • Gridlock · 5 months ago
    Did i not just focus it to an end point? There's no remainder.
  • Stephen · 5 months ago
    No. Your arguments are not focused at all.
  • Gridlock · 5 months ago
    Sure thing, chief.
  • Mel · 5 months ago
    I posted the message below on both my blogs. I'll be asking my friends to do the same. We have to get the message out. If the Dems start getting their donation cards back with these messages on them, they might get the point.

    THE MESSAGE:

    Not One Nickel lays out the new voice of the LGBT Community in the face of constant betrayals by the Democrats, who want our money, our votes, our time, our energy and our support but force us to live as second-class citizens in our own country and refuse to support us on even those issues where we have public opinion behind us. We will not stand for these cowardly betrayals any longer. As we approach the 40th anniversary of Stonewall, a new radicalism is emerging. I, for one, think it's about damned time.

    No Gay Rights, No Gay Dollars!
    No Gay Rights, No Gay Votes!

    If you support the LGBT cause, whatever your orientation, please return any Democratic contribution requests with the words above or some equivalent written on them. If you have a web site or blog, please post this request or some version of it. Please help us send the message that human rights should never be sacrificed for political expediency.

    UPDATE: If you wish, you may also like to participate in Operation DOMA Flip Flop. It'll only take a few minutes and won't hurt at all (unless you get a paper cut, in which case, it'll hurt like a bitch).
  • Gridlock · 5 months ago
    Cheerfully facebooked!
  • Jesse H. · 5 months ago
    "And anyone who says that Republican and Democratic presidents alike don't let their politics influence their arguments before the courts is either a liar or terribly naive."

    And then you elected a constitution law lecturer to the office of the presidency. Maybe, just maybe, the Obama White House views its burdens under the law more seriously than certain past administrations? He has to allow a vigorous defense of statute.

    It is amazing how vicious we can be in attacking a president who publicly champions a full legislative repeal of the DOMA.
  • Mel · 5 months ago
    If Obama took his burdens under the law more seriously, he wouldn't be leading a cover-up of war crimes nor would he be blocking investigations and prosecutions, which are MANDATORY under American law. If he took his burdens under the Constitution seriously, he would have shut down the blatantly unconstitutional Office of Faith Based Initiatives instead of just changing its name. If Obama was that committed to repeal of DOMA, he wouldn't have had that commitment removed from his web site.

    Obama lied. The LGBT community got played. Get it?
  • Gridlock · 5 months ago
    1) The admin was under no obligation to defend it. It didn't have to. It could have let the ruling from the lower court ride.

    2) Publicly champions the repeal of DOMA? Funny. He had that scrubbed from his website "things to do" list, and went from 'repealing' DADT to "changing" it.
  • Jesse H. · 5 months ago
    Funny, when I go to the Civil Rights section of the White House website, it still says repeal; the language was different for one day before the White House had it changed back. And he still support the repeal, as far I've I've heard; don't change the subject.
  • Gridlock · 5 months ago
    My mistake. Then he filed a legal brief defending it with the worst right-wing bullshit arguments.

    Say one thing, do another.

    He was still under no obligation to defend it, and yet did.
  • MauraHennessey · 5 months ago
    Let's be polite. Don't call it "right wing bullshit;" I prefer to describe it as "riddled with Santorum-isms"
  • Gridlock · 5 months ago
    Yes, quite frothy even.
  • John Aravosis · 5 months ago
    Jesse H? Senator Helms, I thought we finally were rid of you? In any case, to your points...

    Yes, I'm so proud of our president. Gay-bashing in order to prove how much better he is than George Bush. Seriously, you have got to be kidding?

    As for your second absurd point, you say that Obama promises to repeal DOMA so that means we should be happy when he does the opposite and defends DOMA in court, arguing that in fact it's better for the country to not repeal DOMA because it will save us money to keep oppressing the gays. But hey, sure he's actively working against getting rid of DOMA, but he SAYS that he's for repealing it.

    Whoopee!

    Are you high?
  • Jesse H. · 5 months ago
    I'm actually Holmes, not Helms; does that help? And I'm a proud Democrat and supporter of same-sex marriage. But that doesn't change the fact that Obama is constitutionally bound to defend DOMA. He was careless in allowing a Bush official to draft the document, but this document is irrelevant to his commitment to ending DOMA.
  • Gridlock · 5 months ago
    1) again, for the hundredth time, he was not constitutionally bound to defend it. He was under no obligation to do so.

    2) This brief and Obama's words/action do not operate independently of each other. They aren't in distinct vacuums.

    really, are you high?
  • Jesse H. · 5 months ago
    His Department of Justice IS constitutionally bound to uphold statute; repeating otherwise over and over doesn't change that fact. He's supporting a statute change, but his agents are bound to uphold the law.

    The 'high' joke was funnier the first time.
  • Gridlock · 5 months ago
    I'd re-read the interpretations in earlier posts. He was not bound.
  • fredndallas · 5 months ago
    Seriously, in a way I wish I had the capacity for denial that you do, Jesse. Then I would be less enraged.

    Until. . .

    that capacity eventually wore off.
  • Gary SF · 5 months ago
    The White House modified its website and removed the section about repealing DOMA - check it out for yourself.

    Wiki has this:

    "Until May 2009, President Barack Obama's political platform included full repeal of the DOMA. As of May 2009, President Barack Obama no longer explicitly supported full repeal of the DOMA."

    Given Obama's inaction on ANY LGBT issue, I think we've been had.
  • Gridlock · 5 months ago
    i'm having serious issues with connecting to Ablog lately.. seems half the time my browser says the site is down, but when i repair my net connection i can get to it no problem.. till it starts up again...
  • John Aravosis · 5 months ago
    Hmmm... may be because traffic spiked yesterday, may be because blogger is having issues, or because someone is playing games with our site. Sorry , either way
  • Gridlock · 5 months ago
    No worries, I just thought it might have been something on my end, but I could connect to everywhere else fine.

    *Scratches head*

    Not that it'll stop me from coming here and eviscerating people :P
  • Valentinefrey · 5 months ago
    Great post.
  • pjkool · 5 months ago
    President Obama cannot win in 2012 without our help. He is going to need every vote he can get to win in States like Virginia and Ohio. He has some fence mending to do with our community or 'change we can bellieve in' will be another empty slogan tossed into the one term presidents dust bin of political history.
  • RealityBasedCommunity · 5 months ago
    Sure he can win. By this decision, he counted the number of GLBT and the number of "moderates" (aka right wing fanatics) that he felt he could woo and decided that the latter were far higher in numbers.

    But, just as he told Hillary supporters, you need to buck up, suck up and shut up....because after all, where ya gonna go?

    I think I've come to understand the Log Cabin Republicans. Neither Democrats nor Republicans are about either women or GLBT, so you might as well vote other issues like your pocket book!...of course, Republicans haven't been fiscally responsible since pre-Reagan, but that's another point.
  • frank · 5 months ago
    I should have voted for that short dude from Ohio
  • Butch1 · 5 months ago
    If he would have won, we would have been out of Iraq and Afghanistan by now. We would have equal rights as well. ( or at least, he has the cojones to fight for us as apposed to "pass the buck" Obama. )
  • obamacrat · 5 months ago
    I believe you would be saying "President Palin" at this point. Operative words here being "If he had won". And President Palin (I'm paling just thinking about it) would be advocating for a Constitutional Amendment banning gay marriage though out the land. And that would be one of her more mild initiatives. Again, the year 2000. Nader's Raiders. Anyone remember the result there and how well that worked out for the country. And you are part of the country. What happens to the country happens to you.
  • MauraHennessey · 5 months ago
    Or, perhaps if we had voted for candidates that actulaly supported us, more candidates would deliver on promises, like, say....President Obama....

    At least they would not hand our enemies weapons to use against us...
  • Butch1 · 5 months ago
    We need to rethink our heros. The present bunch of democrats have failed us. Palin would only be president if McCain was unable to perform his duties. We need to look beyond Nader, though at one time he "could have been a contender", his ship has sailed. We need new blood, and newer ideas. Perhaps, we wouldn't win against the behemoth democratic party, but that doesn't mean we shouldn't try. I will not waste my vote again on the democrats until they start showing us respect but actually doing something for us. I would rather vote for someone who may not win than waste it on people who lie to us. Who knows, if enough people are fed up with the democrats and their spineless act, we may have a chance at replacing them with real representatives and senators. I'm not afraid of offending the democrats already in power. They aren't doing anything for me, why should I care if they are insulted by us leaving their party for a real progressive party.
  • Indigo · 5 months ago
    President Obama is a one-term wonder, much like President Carter. Both have lovely wives.
  • nycwill · 5 months ago
    A bit off topic, but didn't Joe Solomnese from the Human Rights Campaign have a "secret" meeting with people from the Obama administration? Wasn't it leaked that Solomnese was pleased with what he heard and that we should be expecting some important news this month?
    I thought I read that somewhere. Anyone have any info on that?
    Oh, and I just got a letter from the DNC asking for money! Writing that letter to them is going to be SOOOO cathartic!
  • frank · 5 months ago
    Not allowing marriages to 5-10% of the population saves money! What a Dumb Ass argument. Stop recognizing all marriages and really save money. If I was the Judge hearing that Argument It would have giving me a boner under my robe
  • ChrisSF · 5 months ago
    Thanks Joe. As I was saying all day yesterday, there's no reason DOJ had to file a motion to dismiss at all, let alone one that included almost every anti-gay argument in the book. This over the top, highly aggressive approach was completely unnecessary under any reasonable view of a government lawyer's duty, not to mention appalling when viewed in a purely human, non-legal framework.
  • JoeSudbay · 5 months ago
    Thanks, Chris. Including every anti-gay argument will dog this administration. This DOJ brief will be cited by right-wingers for years to come. It's bad enough they're using Obama's anti-marriage comments to lobby against us. Now, they've got Obama's legal arguments in their arsenal. There are consequences to this brief that a lot of people are missing.
  • Gridlock · 5 months ago
    .. and it would seem Obama's administration is actively promoting this while spewing platitudes on the air and otherwise.

    That's what I don't get. Why the massive disconnect between what's being said and what's being done. They can't reasonably expect even the most dimwitted political observer NOT to comment on that.

    So what gives? What kind of strategy is this? Is it just sheer stupidity.. or what?

    It's incoherent.
  • JamesR · 5 months ago
    Yes - there will be many unintended (by Obama) and intended (by the author(s) of the brief) consequences. None good for anyone.

    And THANK YOU for your excellent post.

    Another consequence of all this is seeing how Obama reacts to a mistake - and I hope he learns from it and starts reacting differently.

    During the campaign he would not react right away to a mistake or gaffe, he'd let folks have their fun with it and run out of initial steam then he would at a time of his choosing initiate a counter or response or raise distracting new issues. It was very effective, during a campaign. However, when in an ADMINISTRATION all it means is that when he realizes he's in a hole, stops digging after a day, then stays in it several more days until he can figure a way to emerge looking like it was his own idea and he really wasn't in a hole he just stepped down to step up somewhere, this all means only that he was in a goddamned hole for three days longer than he had to be.

    Meanwhile leaving the country all hurt and stirred up unnecessarily. He needs to adjust. I don't really believe he personally believes all the arguments in that brief, but with the reaction we've seen to date - what the hell is the difference?
  • transperson · 5 months ago
    Joe,
    I agree that the administration has thrown the gay community under the bus. I would like to ask how does it feel, considering it was just a while back that you were wanting to throw transgendered people under the same stinking bus.
  • John Aravosis · 5 months ago
    Actually, I'd rather not revisit this, but since we are rewriting history, Joe and I weren't the people who killed the imminent civil rights of 25m Americans. You were driving that bus, sister.
  • MauraHennessey · 5 months ago
    That is a bit disingenuous, Mr. Avarosis. The bill had no chance of ever being signed; it never even made it to the floor of the Senate for reasons unconnected with your perception of the political clout of the trans-community as being limitless.

    A Lesbian myself, I find this kind of mythic blame-assigning useless. Transperson asked you how it felt.

    Well, I feel run over, and backed up over again, transperson.

    No Queer left behind next time.

    As for the DOJ, I await their explaination for the hyperbolic arguments grounded in bad law that will come back and haunt us when used as weapons against us for years to come.
  • RainbowPhoenix · 5 months ago
    Bush was driving that bus. It was his veto that prevented anything from being done.
  • Butch1 · 5 months ago
    Thanks for your support. Do you feel better?
  • Gridlock · 5 months ago
    So taking what rights we could get and then continuing to work to get trans people added on is being thrown under the bus?
  • astroflex · 5 months ago
    About time Joe, EXCELLENT! You who got me upset about how you treated Hillary, when I kept saying back then Obama is a homophobe and not truly a friend of the GLBT, now you realize my frustration. BRAVO and THANK YOU!
    Antonio/Tampa
  • An_American_Karol · 5 months ago
    If not now, when? The time for "wait until there is a better climate" doesn't cut it anymore. Bush is gone, as is his administration. Washington is Democratic.
    The time is now.
  • cgindc · 5 months ago
    I may be exceedingly naive (probably) but is it not possible, that in presenting such a homophobic brief, the administration is pointing out to the courts just how ridiculous DOMA is? I simply cannot believe that this administration would turn 180 on this subject from campaign to governing. That would indicate such a breathtaking cynicism that even I am not capable of.
  • nicho · 5 months ago
    That's like the woman who posted on the Internet recently how she found magazines with nude men in them in her teenage son's room. She was concerned that he had a secret girlfriend who was bringing "that trash" into her house.
  • gay numbers · 5 months ago
    So rather than believe what you see in front of you- you make us some version of reality to conform to your feelings? This is pretty scary stuff. I saw this yesterday on other blogs. When in doubt between your feelings and reality- go with reality.
  • billd · 5 months ago
    Yeah, like the world believed the nazi's weren't really exterminating the jews, thinking that would have been such 'breaktaking cynicism'. Believe it dude. There was no ulterior teaching moment motivation here. Just political gain for yet another status quo politician.
  • terrya · 5 months ago
    I can't say anything else to your superb post except thank you. I agree with every single word of your post.
  • LarsThorwald · 5 months ago
    I think your view of the ability of the executive branch to blithely ignore the law would be quite different--quite different--if it were a Republican President deciding to argue that a law you favored was unconstitutional.

    -- Lars Thorwald
  • gay numbers · 5 months ago
    Here's a link to one of several cases in which Clinton also did not "follow the law" in asking the court to decide:

    http://www.justice.gov/osg/briefs/1999/0respons...

    I do not thinkt he issue is the law here. i think the issue is a bunch of lazy thinkers posting because it is asy to do so a blog.
  • ChrisSF · 5 months ago
    I believe the more important objection is not just that they are defending the law, but HOW they are defending it. This brief was over the top and went much further than it needed to.
  • The Gay Species · 5 months ago
    Joe, you should apply your wise advice to yourself. Marriage is not a human right. It is a social institution, adopted from the Judeo-Christian conception of "pair-bonding." Pair-bonding is a natural fact, deeply rooted in our biological origins and evolution.

    To perpetuate the myth that religious marriage is a "right," or worse, "a fundamental human right," complete misstates the natural and social facts. Marriage is a Judeo-Christian type of "pair-bonding," which 50 states and the U.S. -- despite a separation of church and state -- offer to their Jewish and Christian members. As you know, no doubt, homophilia is deemed "unnatural," and "worthy of death," by the chief Christian apologist and former Pharisee Jew, Saul of Tarsus / Saint Paul.

    I happen to know that homophiles "pair-bond" quite nicely, and if the state wishes to enter the business of social institutions, like pair bonding, it should be by "civil unions," not by marriage.
  • eclare · 5 months ago
    Marriage has already been defined as a fundamental human right by the Supreme Court.

    The religion question is irrelevant to the question of civil marriage.
  • Arvi · 5 months ago
    This doesn't make sense. Do you say only christians/jews/other religion followers can marry?
  • ChrisSF · 5 months ago
    Nice try, but no one is talking about access to religious marriage here, only the civil institution of marriage. No religion will have to marry anyone they don't want to marry. Personally it would be fine with me if we ended state-sanctioned marriage altogether and just had civil unions for everyone. But until that happens, civil, government-created marriage has to be made available to everyone, and certainly the federal government should have to treat legally married same-sex couples the same as different-sex married couples.
  • nicho · 5 months ago
    Babble.
  • cgindc · 5 months ago
    Whatever. Marriage was around long before "Judeo-Christian" anything. Read some history.
  • davidinchelseama · 5 months ago
    I don't give a DAMN about forcing any religion to honor my marriage.

    I pay the SAME FEDERAL TAXES you do, idiot. And I expect the same treatment for my family as you do for yours. I expect the same federal benefits your money gets you.

    I want my family protected just the same as yours is protected, you disingenuous twit.
  • The Gay Species · 5 months ago
    "Idiot"" Smart. That's the way to rant without any knowledge. Perhaps that is why WE lost Prop 8, because your thoughts to rise to the occasion, so you resort to ad hominems just like Rush Limbaugh. Enjoy the company.
  • Steve_in_CNJ · 5 months ago
    you didn't respond to the substance. in fact you're not responding sustantively to any of the replies to your posts.
  • dshsfca · 5 months ago
    So what's your point? You cannot follow a sophisticated argument. I think you are right, by your comments. Your lack of understanding is part of the problem, not any hope for a solution.
  • davidinchelseama · 5 months ago
    Words, over time (like "marriage," or "idiot", perhaps) can shift and change, to encompass more (and sometimes less).

    In your case, "idiot" works just fine, since you seem blissfully unaware of the above.

    Now, please go before someone in this thread drops another house directly on top of you.

    Seriously, it's raining houses here. And your umbrella is woefully inadequate.
  • JamesR · 5 months ago
    Marriage, as far as the government is concerned, is a civil contract. You have your ideas about marriage, I have mine, those are getting into the realm of religion - which we are free in this experimental liberal radical democratic republic to enjoy in freedom.

    The word "marriage" has a dual meaning, which is sloppy, but it's a cultural artifact and written into thousands of laws, it is legally NOT the same as what is called a "civil union" regardless that all the government regards as "marriage" IS a civil union.

    All GOVERNMENT can recognize is the civil contract of marriage. As such it is discriminatory to have that contract only be available to the 'pair bond' of opposite gendered partners. Simple as that. It IS a civil right, denied same sex partnerships - whether it may be a "fundamental Human Right" is beside the point.

    The LEGAL word, for better or worse, IS "marriage." "Leibniz's Law of Identity" will not get you a visit on the hospital nor spousal survivor benefits from Social Security.

    The real reason folk are pushing for government to take a religious stand is to keep and get more of a particular brand of religion IN government. They're just using the 'ick' factor and they 'natural pair bond' argument to make it seem all common sense when it's really a religious Trojan horse.
  • caphillprof · 5 months ago
    The Romans had marriage and they were no Judeo, nor before 400 AD Christian.
  • The Gay Species · 5 months ago
    Yes, you're right, marriage has been a historical fact, and ALWAYS heterosexual. Change the name, not the facts.
  • Gridlock · 5 months ago
    really? always?

    Funny.

    *cough ancient greece, cough native north americans, cough cough*
  • dshsfca · 5 months ago
    Homophilia was widespread in Hellenism, but not homophile marriages. You're making MY point.
  • Mike_H · 5 months ago
    Marriage has meant far more than just "one man, one woman" in multiple cultures throughout history. You're MISSING the point, not making one.

    Hell, the christian bible is filled with non-"one man one woman" relationships. It drives me nuts when a righty froths "it's been one man and one woman for thousands of years!!" because that's a flat-out lie.
  • dshsfca · 5 months ago
    CITE ONE
  • caphillprof · 5 months ago
    King Solomon, Darien, Alexander the Great, Mohammed
  • Mike_H · 5 months ago
    Hard to just cite one... here are five, and there's actually several more. Have you even actually READ the bible??

    2 Chronicles 11:18-23

    2 Samuel 3:7

    Genesis 25:1

    Genesis 30:9

    1 Kings 11:3
  • FFups · 5 months ago
    Thanks Joe for this post. What I have found really disheartening is the response from our “progressive” “friends” regarding how the Obama administration has botched this and other LGBT issues. Just read some of the entries on that topic on straight blogs like Huffington Post. Of course, not all but unfortunately way too many, seem to say: STFU, Holy Obama can do no wrong, and how dare you be so ungrateful and upset about him! Pam at Pamshousblend has been writing about our progressive “friends’” willingness to gladly through us under the bus for a couple of days now…
  • MauraHennessey · 5 months ago
    We are not separate but equal, for we are hardly equal. The Government of the Unitd States has declared that as a matter of policy it considers its' desire to save money higher than my need for human rights and full citizenship. It has stated that as a matter of policy it considers my marriage as the legal equivalent of an incestuous union.

    That, Sir, is far from equal.

    Social commentator Sidney Kennedy opined in 1966 "the problem was that while the institutions were separate, they were never equal." So it is with the LGBT community.

    And yes, I am an attorney as well....
  • publicsteele · 5 months ago
    Nicely written, Joe. Thank you.
  • fredndallas · 5 months ago
    Joe and John, thank you for your excellent, excellent work on this critical issue. And thank you for your powerful pledge to spreading the unvarnished truth. Our community stands at the threshold and will be set back decades if we don't quickly figure out an effective new strategy. Election of the "fierce advocate" did not do it. Still, I sense that we are within striking distance. We just have to work smarter and harder. Nothing new, we always have.
  • LittleBearNYC · 5 months ago
    Thanks Joe for keeping the pressure on!
    To The Hilliarites - She probably would have done the same thing - just like her husband. Here in NYS the Demopols are all jumping aboard the gay marriage ship - now that it appears safe- meanwhile Schumer voted for DOMA in 93.

    FUCK THE DEMOCRATS - WE GOTTA DO IT BY OURSELVES. Email, organize, march to DEMAND rights - no 'Please Mr. Obama keep your promises Please."

    We are approaching the final push for our rights- if WE PUSH!
  • feminthecity · 5 months ago
    Hillary would have never dared to do this. After Bill making this possible in the first place, there is no way. Women can not get away with this kind of thing. They raked her over the coals for her husbands decisions as it was.

    For all of her faults, and she has plenty ... Hillary has been much more respectful to the gay community.

    LGBT liberal democrats spat in her face and publically degraded her for Barack.

    Well, you get what you vote for.

    Enjoy.
  • caphillprof · 5 months ago
    You don't seem to know the Clintons very well.
  • obamacrat · 5 months ago
    John,
    Have you ever thought of running for office. Just curious? Why should Barney Frank have all the fun.
  • nicho · 5 months ago
    I think John is doing more right here than he could by running for office. Why make him part of the problem?:
  • facebook-581876433 · 5 months ago
    Thanks for that.

    That's all.
  • Chairm · 5 months ago
    Obama may be posing politically in the very way that Joe Sudbay feels the "community" will perceive.

    Then he fires the writer of the brief and installs a replacement who will proceed with a very weak defence of DOMA.

    If the DOJ did not defend DOMA, at least superficially, wouldn't the court invite someone else to step-in? And wouldn't that person provide a more vigorous and substantive argumentat against the plaintiff's complaints?

    Of course, Obama could be doing nothing underhanded. But if he is seen as betraying the "community" while, at least superficially, upholding a very popular law across the country, then, he wins the sort of credibility that is summed-up in the old Vulcan proverb, "Only Nixon could go to China."

    If you are protesting now, then, maybe -- just maybe -- you are playing a role that Obama needs you to play. Yell louder and you may be rewarded later.

    Or not.
  • lileasy · 5 months ago
    Jerry Brown just on CNN says: "...this extension of liberty to same sex couples is the wave of the future." Good interview.
  • dshsfca · 5 months ago
    I'm glad Jerry had time for CNN, he did not have time for arguing against Prop 8. But some of us are old enough to remember "Moonbeam." Apparently, you are not.
  • Marc Solomon · 5 months ago
    Thank you for your column...i am absolutely outraged at the brief. The administration has huge lattitude about when, and especially about how, it defends laws on the books. This brief honestly reads to me like it was written by the Ashcroft Justice Department. And there's no question in my mind that it was vetted....it had to be. I am just extremely disappointed.

    Marc Solomon
  • Ken · 5 months ago
    I am advocating every gay / lesbian couple to file their state, and federal taxes as married. IF you consider yourself married, and your state doesn't allow it, then do it. Gary and I are filing MA as married next year, and Federal as married. MA Will be legal, Federal will not be. If the SC decides that gays are 2nd class citizens, then its time to go to jail, and hope that there are another 250k or more with us.
  • cowboyneok · 5 months ago
    AMEN AND AMEN!

    In fact, today in church we discussed this very issue and the prayer was the LGBT community would find ways to discern how we should ACT to ensure our supposed political allies will ACT in our best interests. It was mentioned in relation to Stonewall Riots and that we shouldn't resort to throwing bricks but our current strategy is NOT working.
  • dshsfca · 5 months ago
    Thank God. But you might want to consult the "Good Book," specifically the claim that ALL sex, but especially "same-sex," is IDOLATRY. I happen to agree with Saint Paul. I worship my Beloved, and have for 25 years. We found however that religion compromised our values. We prefer the CLASSICAL values, not traditional biblical morality.

    Since you attend church, how does your church "explain away" the Levitical Code of Purity, Romans 1, and Jude? I guess your church does not read the Bible.
  • scribbler · 5 months ago
    Easy. There is no God. The bible is lies in order to subjugate the weak minded.
  • omen · 5 months ago
    you're not going to see any movement on gay issues until after the midterms or passage of his healthcare program.

    obama promised to repeal doma & dadt, but he didn't say when. he's following his own timeline to maximize getting most of his agenda through.
  • MauraHennessey · 5 months ago
    You know, Joe, Finley Dunne commented on courts being influenced by politics as early as the beginning of the 20th century. In a discussion of the Insular cases, his protagonist Mr. Dooley comments that wheter or not the Constitution follows the flag, " th' Supreme Court follows th' illiction returns"
  • otterly1 · 5 months ago
    I was willing to give the admin the benefit of the doubt--it has, of course, been 5 "months, and the economy and national security issues affect every US citizen. However, this DOJ brief crosses the line from inaction FOR the community to action AGAINST my community, and I am deeply angered.

    If anyone is interested, there is a grassroots organization called the Dallas Principals which can be found here : http://www.thedallasprinciples.org/The_Dallas_P...

    Don't just be upset. Do something.
  • Michael Zentz · 5 months ago
    This seems too easy to defend against. I almost wonder if the Obama DOJ is making the case easy in a covert attempt to hand the case to those in favor of defeating DOMA.
    Check it- If I were arguing the case I'd simply point out that each one of those court cases involved things already deemed illegal - sex with minors, sex with relatives. For now, it's still legal to be gay and fuck as long as both are over 18, and not closely related. So as long as it's still legal to be Gay, none of those cases are comparable to Gay marraige. Those court cases basically say "we can't allow you to get married because the state's already determined that sex between you two is illegal. So therefore the court is upholding the public's laws and not allowing a marraige to violate those laws. There are no laws saying you can't be gay, and no laws saying two, legal, consenting men (or women) can't fuck. SO therefore, letting them get married would not violate any of the publics laws (interests). Case closed.
  • skylights · 5 months ago
    Here, here. It's time for Obama to grow a spine and start spending some of that political capital.
  • Robert · 5 months ago
    I'm very disappointed by all the gays apologizing for Obama. I saw right though him, and didn't vote for him, even though I am a liberal Democrat. McCain was the first Republican I ever voted for, in fact, and I'm glad I did.
  • AC Smith · 5 months ago
    Look. What's right is right. And when it's time, it's time. I'm not some single issue knothead with no respect for "political realities". But this is just appalling. C'mon, dammit! Get on the train.