A SECOND DOMA BRIEF FILED BY JUSTICE DEPARTMENT

Last June, Obama's Department Of Justice (DOJ) filed a highly offensive brief in support of the Defense Of Marriage Act (DOMA). The reaction to the language used to justify maintaining DOMA was fierce and widespread.

Wide ranging objections were heard from GLBT community leaders to editorials in the New York Times and Washington Post to radio and television commentaries to countless blogs across the internet. All condemning the brief's language that, in essence, equated gay marriages to incest and pedophilia. It also stated that heterosexual marriage is "the traditional and universally recognized form" and "that awarding federal marriage benefits to gays would infringe on the rights of taxpayers in the 30 states that specifically prohibit same-sex marriages."

Well, according to an article in the Washington Post;

The Obama administration distanced itself Monday from legal arguments it had made earlier this summer, taking pains to remove and renounce language that had outraged advocates in the gay community in a case that centers on the constitutionality of a same-sex marriage law.

In a filing by the Justice Department, administration lawyers made it clear for the first time in court that the president thinks the 13-year-old Defense of Marriage Act, which denies benefits to domestic partners of federal employees and allows states to reject same-sex marriages performed in other states, discriminates against gays and should be repealed.

None of the language that was in the brief filed in June appeared anywhere in Monday's DOJ filing. And, in conjunction with that filing, Obama also issued a separate statement on Monday affirming that he would continue to seek repeal of DOMA.

This is certainly a step in the right direction but without a bill to repeal DOMA outright, it's still just a step.

DEMONSTRATION PLANNED TO PROTEST OBAMA'S CHICAGO VISIT MONDAY

Many in the GLBT community are very upset with Obama's silence and inaction on DOMA and DADT.

To some, the Dept. of Justice's (DOJ) baffling, specious and almost unintelligible brief filed IN FAVOR OF UPHOLDING DOMA in a recent court challenge is the last straw.

The media, from countless blogs and websites to prestigious newspapers and national broadcasts, have espoused scathing commentaries about this latest slap-in-the-face action taken against the rights of GLBT people throughout the country. I too am incensed that the DOJ (i.e., the Obama administration) would even consider taking such a stand when Obama is already under a great deal of fire for his unwillingness to use the stop-loss power he already has to at least suspend the continuing DADT discharges so that no more American Patriots are unceremoniously kicked-out for nothing more than being gay.

What makes this even more confusing is the way in which the DOJ handled the filing of their brief. Their actions just simply make no sense. Even if you buy into the argument that this particular case isn't the right one to challenge DOMA on the grounds of a constitutional right for gays and lesbians to marry because it only addresses the right to have the already performed legal gay marriages recognized by other states and the federal government. There are, in fact, several cases in the pipeline that directly challenge the constitutionality of prohibiting only gay marriages and would be much stronger challenges to DOMA.

In a June 12th posting renowned journalist Andrew Sullivan said:

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...

I'm baffled by this, I really am. The content of this brief is a massive political error from an administration that is making it impossible for its gay supporters to stay supportive. What's next? A Clintonian political ad boasting of these arguments?

It's now even more important to visibly remind Obama that we are NOT AT ALL HAPPY with the way he and his administration are handling the issues of vital importance to our community. One way to do this is to show up and protest whenever Obama makes any kind of visit to cities and towns outside of Washington.

Queers United has reported that one such visit will be in Chicago TOMORROW MORNING. If you live in Chicago or the surrounding area, you owe it to yourself and your gay brothers and sisters to attend the demonstration that's already planned. Here's the specifics:

WHEN -
Monday, June 15th from 10:30 AM – 12 noon

WHERE -
Hyatt Regency Hotel
151 E. Wacker Drive
(one block east of Michigan Avenue)

PRESIDENT PROCLAIMS JUNE GAY PRIDE MONTH

I'm a couple of days late with this but I didn't want to let it go by without a comment.

Lately, many in the GLBT community have been expressing growing dissatisfaction with President Obama's seeming non-action on many of the issues we consider to be of paramount importance to our community. I myself have expressed my own frustrations over this in several of my more recent posts.

Although these feelings certainly do seem to be justified considering the high expectations for action that were fueled by Obama's many strong and positive statements about ending DOMA, DADT, anti-gay discrimination in the workplace and housing, passing hate crimes legislation, etc., etc.. Let's not forget that in just six short months, he has appointed more openly gay professionals to high level, high profile management and advisory positions throughout the government and his own administration than any president before him. He is also the first president to endorse and speakout for an end to anti-gay discrimination throughout the world.

Yes, he hasn't moved as fast as we wanted him to but I think it's important to recognize the impact that the words a President speaks to us and to the rest of the world have not just on policies but on the thoughts and beliefs of tens and hundreds of millions of people.

It's easy to dismiss what someone says by loudly protesting that they're "just words." But what makes a difference is what the specific words are and who says them. Entire armies have been moved to against-all-odds victories and whole civilizations have been built on nothing more than words. The reality is that, like it or not, words are what change everything.

On Monday, President Obama issued the following proclamation declaring June 2009 as Lesbian, Gay, Bisexual, and Transgender Pride Month:

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

Obama Forty years ago, patrons and supporters of the Stonewall Inn in New York City resisted police harassment that had become all too common for members of the lesbian, gay, bisexual, and transgender (LGBT) community. Out of this resistance, the LGBT rights movement in America was born. During LGBT Pride Month, we commemorate the events of June 1969 and commit to achieving equal justice under law for LGBT Americans.

LGBT Americans have made, and continue to make, great and lasting contributions that continue to strengthen the fabric of American society. There are many well-respected LGBT leaders in all professional fields, including the arts and business communities. LGBT Americans also mobilized the Nation to respond to the domestic HIV/AIDS epidemic and have played a vital role in broadening this country's response to the HIV pandemic.

Due in no small part to the determination and dedication of the LGBT rights movement, more LGBT Americans are living their lives openly today than ever before. I am proud to be the first President to appoint openly LGBT candidates to Senate-confirmed positions in the first 100 days of an Administration. These individuals embody the best qualities we seek in public servants, and across my Administration -- in both the White House and the Federal agencies -- openly LGBT employees are doing their jobs with distinction and professionalism.

The LGBT rights movement has achieved great progress, but there is more work to be done. LGBT youth should feel safe to learn without the fear of harassment, and LGBT families and seniors should be allowed to live their lives with dignity and respect.

My Administration has partnered with the LGBT community to advance a wide range of initiatives. At the international level, I have joined efforts at the United Nations to decriminalize homosexuality around the world. Here at home, I continue to support measures to bring the full spectrum of equal rights to LGBT Americans. These measures include enhancing hate crimes laws, supporting civil unions and Federal rights for LGBT couples, outlawing discrimination in the workplace, ensuring adoption rights, and ending the existing "Don't Ask, Don't Tell" policy in a way that strengthens our Armed Forces and our national security. We must also commit ourselves to fighting the HIV/AIDS epidemic by both reducing the number of HIV infections and providing care and support services to people living with HIV/AIDS across the United States.

These issues affect not only the LGBT community, but also our entire Nation. As long as the promise of equality for all remains unfulfilled, all Americans are affected. If we can work together to advance the principles upon which our Nation was founded, every American will benefit. During LGBT Pride Month, I call upon the LGBT community, the Congress, and the American people to work together to promote equal rights for all, regardless of sexual orientation or gender identity.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim June 2009 as Lesbian, Gay, Bisexual, and Transgender Pride Month. I call upon the people of the United States to turn back discrimination and prejudice everywhere it exists.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.

BARACK OBAMA

Obama is the first President to ever even acknowledge our transgender brothers and sisters in a national/international speech. That's important.

Thanks to Towelroad.com for the text of the proclamation.

ARE OBAMA & DEMOCRATS THE NEW "POLITICS AS USUAL" PARTY?

In my last two blog postings, I talked about the failure to see any substantive progress by the Obama administration to make good on his often repeated campaign promises to the LGBT community.

Although there are still many issues that have yet to see any kind of movement, I focused on two of the top priorities that I believe should already have been addressed with strong, doable actions.

The repeal of DOMA and the repeal of DADT are both policies that an overwhelming majority of democrats, including Obama, have already said they were against and pledged to repeal. More importantly, these are policies that not only mock and severely limit the thousands of legal, gay marriages already performed but also jeopardize the readiness and ability of our ground troops to perform at their best in two wars being fought in the middle of two Arabic/Muslim cultures that have a language that virtually none of our troops are able to even understand let alone speak.

Yet, everyday that these policies stay in effect, more and more highly qualified American troops who do speak the languages and understand the cultures are being discharged. And legally recognized gay families are being discriminated against and denied rights and privileges that straight families take for granted on the flimsy excuse that it's against DOMA. In both cases, the lives of thousands of law-abiding, patriotic and emotionally committed individuals are having their lives disrupted and their dreams crushed because those who were elected to correct these injustices are dragging their feet - for no defendable reason.

Yesterday, renowned writer Andrew Sullivan of The Atlantic magazine added his voice to the growing number of openly gay Obama supporters who are beginning to question the veracity of the democrats and, in particular, of Obama himself when they loudly proclaimed their support for GLBT issues. In his article, Sullivan said:

Here we are, in the summer of 2009, with gay servicemembers still being fired for the fact of their orientation. Here we are, with marriage rights spreading through the country and world and a president who cannot bring himself even to acknowledge these breakthroughs in civil rights, and having no plan in any distant future to do anything about it at a federal level. Here I am, facing a looming deadline to be forced to leave my American husband for good, and relocate abroad because the HIV travel and immigration ban remains in force and I have slowly run out of options (unlike most non-Americans with HIV who have no options at all).

And what is Obama doing about any of these things? What is he even intending at some point to do about these things? So far as I can read the administration, the answer is: nada. We're firing Arab linguists? So sorry. We won't recognize in any way a tiny minority of legally married couples in several states because they're, ugh, gay? We had no idea. There's a ban on HIV-positive tourists and immigrants? Really? Thanks for letting us know. Would you like to join Joe Solmonese and John Berry for cocktails? The inside of the White House is fabulous these days.

Sullivan wrote an emotional and powerful piece that I highly recommend to everyone. To read his article go to The Atlantic at: http://andrewsullivan.theatlantic.com/the_daily_dish/2009/05/the-fierce-urgency-of-whenever.html

Hopefully, President Obama's Deputy Director of the White House office of Public Liaison, LGBT activist Brian Bond, is keeping track of all of these articles and postings and is keeping the President and, in turn, the democratic leadership aware of the growing dissatisfaction within our community.

If they continue to treat us as the unwanted stepchildren, they're going to have a hell of time getting themselves reelected. Lest they forget, there were millions of us and our supporters who got them elected to begin with.

THE TIME TO BE A "FIERCE" SUPPORTER IS NOW MR. PRESIDENT

President Barack Obama's exhilarating victory last November seemed to almost instantly inflate a sense of overwhelming pride and indomitable optimism throughout most of this country - and, indeed, the world.

Finally, after eight abysmal years of rampant arrogance, secrecy and stunning disregard for the very constitution that is the heart and soul of this nation, we could see light piercing through the darkness.

For the LGBT community, it was a particularly heady time of real hope for our future. Here we had a man elected President of the United States who had strongly and unabashedly voiced support for our community - for us.

He spoke openly, frequently and eloquently throughout the long, drawn-out campaign about the necessity for fair and equal treatment under the law. And not just for some amorphous group of rights but for GAY rights - specifically! He even went so far as to pledge to be a "fierce advocate of equality for gay and lesbian Americans."

It is true, Mr. President, that you have done more than any other sitting president to appoint qualified, openly gay professionals as heads of many important departments, agencies and pivotal positions within your administration. Although it is still disappointing that there were no cabinet level appointments even though there were several highly qualified, openly gay candidates.

It is also true that you did issue a strong public statement urging Congress to pass the Matthew Shepard Act. And I'm sure that your comments had a lot to do with swaying some of the undecideds to join the majority when they passed this legislation on April 29th.

It is however, very disappointing that two of the most important actions you vowed to vigorously pursue have yet to show any real progress.

Everyday there are more and more legally married and legally "partnered" gay couples and families establishing their relationships in cities and rural communities throughout this country. And even though this is a very positive trend, everyone of those couples continue to face a myriad of challenges and very real hardships caused by the so-called Defense Of Marriage Act (DOMA).

This is something you vowed to "vigorously" work toward the repeal of. So far, there seems to have been no visible effort on your part to help bring about this promised action. Granted, this is something that must be done by Congress but now, with your new, formidable position as President of the most powerful nation on earth, you could certainly push, prod and cajole enough members of both houses to bring this issue to a resolution instead of allowing them to sidestep and doublespeak their way around it.

Also, as you well know, there are still highly patriotic, skilled and exhaustively trained members of the armed services being discharged for no other reason than their status as gay Americans. When this happens, not only is the country itself harmed but good people like West Point graduate, Iraq war veteran, and Arab linguist, Lt. Choi or Second Lieutenant Sandy Tsao (who you wrote to personally) and thousands like them have their lives totally disrupted and their dreams of serving their country honorably and with dignity crushed by this illogical and harmful policy.

This is, to me, probably the most disturbing of all of the gay civil rights issues because this is something that you, as Commander and Chief, have the immediate power to stop. Right now. Today.

Granted, it may take some time to workout the implementation of ending the DADT policy altogether. But, in the meantime, a simple order from the President/Commander & Chief to "temporarily" stop these callous discharges until the details and legalities of ending this policy can be worked out would put an immediate end to the indiscriminate "punishment" of the distinguished, dedicated men and women now serving our country.

This can easily be justified under the auspices of protecting and maintaining military readiness in the midst of two wars being fought in Arabic/Muslim nations. How many missions were botched and how many lives were lost for no other reason than the fact that our forces simply didn't understand the languages and/or cultures within the fields of battle.

This IS something you can do right now, Mr President.

Yes. You can.

WHY DID BARNEY FRANK CALL JUSTICE SCALIA A HOMOPHOBE

During a video taped interview with 365gay.com (see full interview below), openly gay Representative Barney Frank referred to Justice Antonin Scalia as "that homophobe" in response to a question about the Defense Of Marriage Act (DOMA).

Frank was discussing gay marriage and his expectation that the high court would some day be called upon to decide whether the Constitution allows the federal government to deny recognition to same-sex marriages. He commented, "I wouldn't want it to go to the United States Supreme Court now because that homophobe Antonin Scalia has too many votes on this current court.

In his posting at The Hill's Congress Blog, Frank said:

"While responding to questions from journalists about my characterization of Justice Antonin Scalia as a homophobe, I realized that the fact that I made that comment in conjunction with a potential lawsuit about the Defense of Marriage Act created some confusion as to my basis for that characterization.

My view that Justice Scalia is prejudiced against gay, lesbian, bisexual and transgender people is based, not on his position on marriage, but entirely on the angry minority opinions he wrote in two Supreme Court cases in which the majority held that gay and lesbian people had certain rights against discrimination regarding private consensual sex and political activity. In those two virulent dissents, Justice Scalia denounced the court majorities not simply for finding that it was unconstitutional to discriminate based on sexual orientation in cases involving political rights and the right to private consensual sex, but he also made it clear that in his view sex discrimination is not only permitted by the Constitution but is very much in society’s interest because homosexuality deserves to be treated with not only disapproval, but legal disability.

This comes out most clearly in his very vigorous abjection to the court’s decision to block a criminal prosecution against two men who had consensual sex in the privacy of their bedroom. And it is made very vivid in the passage in which he affirms society’s right to treat homosexuals unequally by citing other categories which deserves such treatment — beginning with murder."

The actual written, astoundingly homophobic, comments made by Scalia in those cases is, to say the least, very disturbing. You can read the full text of Scalia's opinions at the Congress Blog. They're at the end of Barney's comments.

If this man (and I use that term very loosely) doesn't recuse himself from future cases involving any GLBT issue, there is something fundamentally wrong with our Supreme Court Structure.

Below is Barney Frank's full interview with 365gay.com.

WASHINGTON STATE'S "EVERYTHING BUT MARRIAGE" BILL

Tuesday evening the Washington State Senate passed Senate Bill 5688 by a vote of 30 to 18. Dubbed the "everything but marriage" bill, this legislation would bestow on same-sex domestic partners all of the state rights and benefits afforded to straight married couples. The House is also expected to pass this and Governor Chris Gregoire, a Democrat, has said she supports the measure and will sign it.

In 2007, Washington approved a Domestic Partnership bill introduced by Seattle Democratic Sen. Ed Murra and last year the state amended that bill to include additional coverages. With those two actions, same-sex partners were granted hospital visitation rights, the ability to authorize autopsies and organ donations and inheritance rights when there is no will.

Now, with passage of this most recent upgrade amendment, spearheaded by gay state senator Ed Murray, a Seattle Democrat, same-sex partners will have all of the benefits of heterosexual married couples. The bill adds domestic partners to all remaining areas of state law where currently only married couples are addressed. This includes statutes ranging from labor and employment to pensions and other public employee benefits.

Washington state now joins California and Oregon as the only three states that endow Domestic Partnerships with the identitical state rights and responsibilities that straight marriages have had all along.

Unfortunately, this does not include any federal rights. However, with the anticipated repeal of DOMA by our current congress and the promised equality of all federal partnership rights by President Obama, this remaining inequity should be resolved. Hopefully sooner rather than later.

Sources for this article were: The Seattle Times, The Advocate and Box Turtle Bulletin

UPDATE 3/14...
As an interesting side note, Republican State Senator Dale Brandland, who voted for passage of the above bill and was also the former Whatcom County sheriff, said in an interview in the Bellingham Herald:

"I guess from my perspective, I've come to the conclusion that people are born gay. I don't think this is something that they just pick up along the way. Once I came up with that kind of conclusion, it wasn't difficult for me to understand that gay people are going to develop feelings for people of the same sex and will want to get into meaningful relationships.

"I thought it was inappropriate to deny them some of the basic rights that relationship entails."

Senator Brandland and two other Republicans defied a feverish blog and email campaign mounted by Gary Randall, President of the statewide Faith and Freedom Network whose promotional tag is "Advancing Judeo-Christian Values."

To counter Randall's campaign, a prominent Seattle liberal weekly newspaper, The Stranger, began waging war in favor of the bill on its blog. Locals also took to the social networking site Facebook to advocate support of the bill.

Let's hope this is a trend that takes hold across the country and ultimately buries the religious, right wing fanatics under the bile of their own lies and hatreds.


ALSO...KUDOS TO ASHTON KUTCHER
The Advocate also reported the following exchange between Ashton Kutcher and another user on Twitter:

Actor Ashton Kutcher, in a heated conversation with another user on Twitter, used the micro-blogging site to urge people to stop using the word "gay" as an insult. "can we just get clear, calling some one 'gay' or 'fag' is as derogatory as calling someone a 'ni**er'. U look like an idiot when you do it," he wrote on Wednesday. Another user had told him to "stop being so gay." After Kutcher's reply, the other user replied, "just jokin, no disrespect bro."

Thanks Ashton. You always were one of the good guys!

NATIONAL EQUALITY RALLY SET FOR MAY 3RD IN PHILADELPHIA

The pioneering GLBT magazine The Advocate reported today that the organizers of the upcoming National Equality Rally lauched a video on YouTube yesterday to promote the event.

The video is absolutely awesome. It's set to the music of Five for Fighting’s "What Kind of World Do You Want?" and begins with the image of Martin Luther King Jr.’s “I Have a Dream” speech then segues into images of gay rights rallies and marches from the first Philadelphia demonstrations in 1965 all the way through to today's fight for marriage equality. It really is an awesome video presentation and the music is just plain dynamite. Check it out...

The Rally is scheduled for May 3rd at Independence Hall in Philadelphia. I just wish may partner and I could afford to go because it looks like its going to be one of those incredibly memorable moments that you'll take with you for the rest of your life. What better setting could there be? The site our movement's first public demonstration and the birthplace of a country that dedicated itself to equality for all of its citizens.

According to National Equality Rally's website, the rally would serve as a call on Congress and our new president for:

• Passage of trans-inclusive hate crimes legislation

• Passage of the Employment Non-Discrimination Act (ENDA)

• Repeal of “Don’t Ask, Don’t Tell” and the Defense of Marriage Act (DOMA)

• Support for GLBT health issues

• Equal benefits for same-sex families

• Same-sex marriage Equality

If you do plan to attend, I would strongly suggest that you call one of the downtown hotels as soon as you finish reading this. I have a feeling that they're going to get booked up pretty quick.