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Gay Rights Group Tells President Obama That His Pro-DOMA Legal Brief Caused LGBT Community Pain

June 15, 2009 2:53 PM

The Obama Justice Department last week wrote a brief in support of the Defense of Marriage Act, which as a candidate then-Sen. Obama called “abhorrent.”

The brief, which compared in legal terms same-sex marriages to incestuous ones, has met with some anger in the Lesbian, Gay, Bisexual and Transgender (LGBT) community, among others.

Today Joe Solmonese, the president of the LGBT rights organization the Human Rights Campaign, wrote to the Presidentexpressing the feeling that “when your administration filed a brief defending the constitutionality of the so-called “Defense of Marriage Act, I realized that although I and other LGBT leaders have introduced ourselves to you as policy makers, we clearly have not been heard, and seen, as what we also are: human beings whose lives, loves, and families are equal to yours.  I know this because this brief would not have seen the light of day if someone in your administration who truly recognized our humanity and equality had weighed in with you.”

Solmonese took issue with the Obama Justice Department’s use of “the well-worn argument that excluding same-sex couples from basic protections is somehow good for other married people.” (The brief said that “Because all 50 States recognize hetero-sexual marriage, it was reasonable and rational for Congress to maintain its longstanding policy of fostering this traditional and universally-recognized form of marriage.”)

Solmonese goes on to take issue with a number of arguments in the brief, concluding by writing, “I cannot overstate the pain that we feel as human beings and as families when we read an argument, presented in federal court, implying that our own marriages have no more constitutional standing than incestuous ones.”

He says to the president that the “brief should not be good enough for you.  The question is, Mr. President—do you believe that it’s good enough for us?”

-jpt

June 15, 2009 | Permalink | Share | User Comments (46)

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It's too bad, but I still have high hopes for future changes. Politics is so frustrating sometimes.

Posted by: Claude | Jun 21, 2009 4:42:33 PM

the Obama administration says wait, wait, its not the right time, there r so many other pressing, truly dangerous concerns....HE will be voted out of office in '12 and some #### republican will legalize same sex marriage!?!?!?!?!?!?!

Posted by: robert | Jun 16, 2009 7:47:26 PM

MisElanious -- marriage is a civil right in this country because our laws are written in such a way that other rights depend on it. See: social security, tax law, and especially immigration. (We are losing smart people because they cannot live here with their foreign-born partners -- I know several who have reluctantly left the US for their partners' more welcoming countries of birth. These are people our country paid to educate, etc., and we are shooting ourselves in the foot by essentially making them leave.)

I can get "married" now -- plenty of churches are happy to have me. What I can't get is the legal benefits of marriage. It's ironic that our supposedly secular government is more hung up on a few lines of the Bible than the church I was raised in is.

Posted by: The Greatest of These Is Love | Jun 16, 2009 12:14:19 PM

Who cares?

Posted by: Greg | Jun 16, 2009 11:41:48 AM

I'm surprised that gays are surprised at the Obama Administration's stance. He told you during the campaign that he didn't support gay marriage. I guess gays and lesbians wanted to believe that it was something he was saying that was going to change magically once he was in office. Considering the homophobia in the black subculture and considering Reverand Wright's stance and his church's stance on gays, this was entirely predictable. Of course, during the primaries, you could have voted for Clinton who actually voted AGAINST DOMA. Oh well.....

Posted by: EML | Jun 16, 2009 9:43:32 AM

DOMA ask, DOMA tell.

Posted by: DontGet818OnMeNow | Jun 16, 2009 9:31:54 AM

The gay community might have just as well put their support behind the former Miss California.

Posted by: DontGet818OnMeNow | Jun 16, 2009 9:21:05 AM

During the campaign both Obama and McCain had the same stance in terms of gay marriage. They did not support it. Now, suddenly the GLBT community is upset. What did they expect? I do not vote single issue. But as a gay man, I never was satisfied with Obama's rhetoric in terms of equal rights for all citizens. He has used this issue as a carrot to dangle in front of the GLBT community to get their vote and their unending support. It obviously worked.

Even this past weekend and from the comments on this board, I notice that many in the community still believe in him and say it will happen, "they just don't know when." My take is that it will not happen. Much as with the 2004 elections where many states had marriage admendments on their ballots and the Bush campaign played to those fears. It was about winning an election. Never about a stand or belief.

It seems Bush's rhetoric against GLBT issues is as false as Obama's is in support. They are both politicians playing a game with people's lives, feelings, and attitudes. Obama is showing has been showing little by little his true feelings with respect to GLBT issues.

If U.S. citizens truly want action and believes it will happen, they need to quit blindly supporting the current president and hold him to task for his promises. Make him accountable. It begins with money and votes. Respectfully show him that our voices are to be heard or our pocketbooks will close and our votes will go to other candidates. Most importantly, teach Obama and all politicians a lesson. Do not merely say these things but actually do them.

Posted by: tired_dem | Jun 16, 2009 7:49:00 AM

Not that presidents breaking their promises is anything new, but it's hard not to feel betrayed here. It's nice to know Obama's promises only count when they are convenient.

Posted by: Lil | Jun 16, 2009 3:38:06 AM

i voted for the green party because they support gay marriage. and i tend to favor this party over all others. i don't agree with their stance on a few issues, but most people will not agree 100% with a political party.

the gay community that voted for barack snobama or john mcslain are self-hating. those of you that voted for either of these candidates, you created this mess.

if gay rights are wanted, you have to vote third party. period.

Posted by: jesse | Jun 16, 2009 2:28:10 AM

OBAMAS BETRAYAL OF TRUST***Yes We Can if you are STR8... No you can't if you are GAY! It is so sad that he just decided to tell us to sit at the back of the bus. The fact of an electorate to have trust in him to bring integrity to the White House is going down the drain with this one. I had worked tirelessly on his campaign even though I heard that a closeted friend of his said he did not support the gays. I am so sad that his true colors are coming out, literally and they are not pink or purple, Barack has found himself colorblind to our lives, our existence and our meaning of life. Are we not allowed life liberty and the pursuit of happiness. When one qualifies another's happiness as not worthy, there is something wrong! The cancer of hate is eating away at the hope that began this presidency... I wonder if this slide will continue or if he will see the light of day and realize this wrong for what it is, a dark hateful piece of legislation. To let this legislation continue is a crime against our common humanity. Each one of us dies a little more... because of it, str8, gay, human being...

Posted by: Dr. Lee | Jun 16, 2009 1:48:19 AM

Libby: you have answer you own question.....and if you still don't see it...having a job is a choice, having a house is a choice, getting an education is a choice....

Marriage is a choice, but a choice that we can have by law!

Posted by: Art | Jun 16, 2009 1:30:56 AM

" I wish you would give him time."

Obama has time enough to attack the gay community but not time enough to honor his promises?

Folks like this remind me of an abused dog who waits in doorway, tail wagging, even when there's no hope of affection from an abusive owner.

New rule: no spine, no vote, no money. Would must rather have an honest but hostile Republican in power.

Posted by: James | Jun 16, 2009 1:25:18 AM

When Bill Clinton signed DOMA that was the last straw for me. I voted Green in the next two elections and after years of donating my time and money to the Democrats I kind of left politics behind. Then Obama came along and brought me back in. I donated time and money and actually started to think things might be different. Then this. Im just one person but there are alot of folks like me. If the Dems dont actually keep their promises for a change there are alot of grassroots folks that are going to sit the next round out. Dont underestimate the impact of losing motivated grassroots support.

Posted by: Rick W | Jun 16, 2009 12:28:17 AM

I did vote for Obama and he is in the wrong here.
He needs to get rid of DOMA & DADT. I believe he will get around to this I just don't know when, it's a basic issue of equal rights.

Posted by: Terse | Jun 16, 2009 12:24:17 AM

The term "Posterity" as used in the Preamble means
Posted by: TheTruth

I don't see where the preamble mandates posterity.

re: 'or they (married or not) cannot produce children as descendants.

you may have missed this but, not all heterosexual ( that means men and women )
can have children/posterity

just another example of the incredible stupidity presented by the 'right'.

Posted by: Terse | Jun 16, 2009 12:21:47 AM

Excuse me. Gay here, and I do vote republican. And I'm not the only one.

I wouldn't count on Obama for anything good.

Posted by: Libby | Jun 16, 2009 12:12:58 AM

Can someone please explain; in a rational manner; how marriage is a civil right?
The issues of civil rights are employment, eduction, housing, and legal.
Marriage is still a choice.It's a personal decision,like what car to buy.
No one is forced to get married.
You gotta admit, to call marriage a civil right is a big stretch.

Posted by: MisElaineous | Jun 15, 2009 11:46:45 PM

I don't understand how "traditional" marriage is threatened here. There is no law that would impair the ability of a man and a woman to marry. If somehow the thought that of a gay marriage is enough to destroy a "traditional" marriage, then maybe that marriage should never have happened.

But I don't care any more. This is not a free country. The equal protection clause doesn't apply to me. The full faith and credit clause does not apply to me. Our "freedom of religion" doesn't apply to me, because gay marriage would be an illegal religious ceremony in my state. Apparently I suffer all the penalties of the law but receive none of its benefits.

Something snapped in me. I don't care about these issues any more. I don't care about America any more. I would rather just leave.

Posted by: Ken | Jun 15, 2009 11:32:10 PM

LOL I don't think Obama knows what he's doing, he's overwhelmed. But I think he'll come through-sort of- we'll see what he does. I wouldn't give up on him just yet.

Posted by: Elmo | Jun 15, 2009 10:36:06 PM

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