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Howard Fineman Appears On MSNBC's 'Hardball' To Discuss DOMA (VIDEO)

Posted: 03/ 4/11 07:11 PM ET

Howard Fineman appeared Friday on MSNBC's 'Hardball with Chris Matthews' along with R. Clarke Cooper of the Log Cabin Republicans. They both discussed President Obama's recent decision not to defend the Defense of Marriage Act (DOMA) in court. Also at issue was Speaker of the House John Boehner's announcement that he planned to have the House argue for the law's constitutionality.

Fineman explained, "when this decision by the President not to fight for the law came out a couple days ago, there was thundering silence from the Republican leadership, I think it's fair to say." Expanding on his observation, Fineman said, "it's clear to me that the Republican leadership would rather stay away from this thing altogether because they do want to focus on other things."

When Matthews brought up the issue of public support for DOMA and same-sex marriage, Fineman stated, "the polls show that among independent voters it's a closely divided issue."

WATCH (via MSNBC):

 
Howard Fineman appeared Friday on MSNBC's 'Hardball with Chris Matthews' along with R. Clarke Cooper of the Log Cabin Republicans. They both discussed President Obama's recent decision not to defend ...
Howard Fineman appeared Friday on MSNBC's 'Hardball with Chris Matthews' along with R. Clarke Cooper of the Log Cabin Republicans. They both discussed President Obama's recent decision not to defend ...
 
 
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12:13 PM on 03/05/2011
Gay Republican is a conflict in terms.
HUFFPOST SUPER USER
lrlrlr
11:55 AM on 03/05/2011
As a first step, someone should propose renaming DOMA. Clearly, organized by a serial adulterer and signed by a married POTUS with an intern possibly "under his desk" at that very moment, it is no defense of marriage. It contains no language whatsoever designed to discourage or limit divorce by implementing mandatory counseling, wait limits, or even number of times someone can marry and remarry. This is proof beyond a shadow of a doubt that it is no marriage bill - it is purely an act of discrimination - calling out which citizens are forbidden from equal civil rights because of a bigoted belief system.
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HUFFPOST SUPER USER
Ioan Lightoller
Proud Married Gay Pagan Man
08:44 PM on 03/08/2011
The entire law was mean-spirited and discriminatory. There is NO reason to treat GLBT Americans who have harmed NO ONE in this manner.
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HUFFPOST SUPER USER
oldgraymare
Congress is the opposite of Progress
11:30 AM on 03/05/2011
Chris, Chris, Chris.......WHY didn't you ask Mr. Cooper WHY the republicans are focusing on our bedrooms and our uteruses when their campaign mantra was "Jobs, Jobs, Jobs"????????? Oh - you had SUCH a good opening - and you blew it!!!!!!!!!! Howard......????? You could have jumped in on that, buddy.
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HUFFPOST SUPER USER
VashS5
11:02 AM on 03/05/2011
The host does nothing but talk over his guests. Why ask questions if your not going to shut up long enough to hear the answer.
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Farmers Market
False Flag Strategy For War
10:39 AM on 03/05/2011
The president is wrong in not fighting for the constitutionality of DOMA because it has not yet been repealed or overruled and remains the law of the land despite his dislike for the law. Still it is a good political decision for the short term that could be bad for the country in the long run when Republicans occupy the WH.

Cooper was not trying to evade the question. His answer was self-evident from what he had said prior. What Copper was doing is answering the question in a way that would allow him to use his political talking points ammunition. Nothing wrong with that! Fineman was not persuasive . . . even though wind bag Chris should have allowed him more time to speak.
hellinahandcart
Your silence will not protect you.
11:01 AM on 03/05/2011
The president is not wrong, if he believes the law unconstitutional. This isn't a rare move, as the right wing talking heads are saying it is. Many presidents have declined to defend the constitutionality of a given law.
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Farmers Market
False Flag Strategy For War
11:37 AM on 03/05/2011
First, I am not a fan of right wing or left wing talking heads.
Second what the President is doing may be constitutionally permissive and politically astute but it is unwise. He should have defended it before the Supreme Court and let the court decide. The constitutionality of an Act does not rest on the opinion of the President.



Having said so I agree with the repeal of DOMA.
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WheelsOnFire
Fiercely Independent
11:37 AM on 03/05/2011
I strongly suggest reading Eric Holder's thoughtful legal analysis of the issues involved here. The Republicans have deceptively distilled the matter to a simplistic "must defend the constitution" simple talking point, but that is so simplistic it hides the truth -- and that is that to continue to defend DOMA in court would put the Admiistration in conflict with settled law. See, for example, Romer v Evans Supreme Court decision. Laws enacted out of animus toward a group will be struck down as unconstitutional. It is abundantly clear that DOMA was enacted out of sheer animus and nothing else.
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Farmers Market
False Flag Strategy For War
01:00 PM on 03/05/2011
The Second Circuit has not had a chance to decide what standard of review will apply to the cases involved.

The Attorney General in his letter concluded that even though the Second Circuit has not ruled on the standard, the President and he considers that the standard is heightened scrutiny (rather than mere rational basis) because of the history of dicrimination.

This requires a leap that the court has not yet had a chance to make.

The United States could make and have made reasonable arguments in defense of DOMA under the rational basis test. Because reasonable arguments exist under the rational basis test and the Second Circuit could decide that rational basis applies, reason for not defending DOMA does not hold.

The AG and the President has made a political and expedient calculation that could backfire on liberals in the coming years..
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HUFFPOST PUNDIT
cybersense
10:26 AM on 03/05/2011
Okay, I am disappointed by this. First, it is the LCR that brought the court battle on DADT, and they knew legally that the DOJ had to try and defend it, and that was a positive thing. The appeal brought it up to a higher court - another good thing. (because if you win in a lower court, you cannot bring it up higher) Then the stay happened, then after a longer stay was refused by the higher court Judge, the DOJ did not try to defend DADT on basis of constitutionality - and that LCR talking head did not acknowledge that. here is the thing - you work with people and are around people in the gay community, you don't see the "gay part", you see people. Obama is clearly there, and to continue this defense of something you know you don't want to defend, for all reasons - it makes sense. (I would have like to see this issue continue in hopes that DOMA would be seen as unconstituional) but we are not there yet, and why support something that you know you don't want to defend? Now, as far as our congress working on the economy? Nadda - only working on everything but. That includes Boehner.
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HUFFPOST SUPER USER
Sarita
Please tell me the truth
10:16 AM on 03/05/2011
And I thought the Republicans hated big government.

Funny how they always seem to want to jump in when it comes to our bedrooms!
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HUFFPOST PUNDIT
Kevin Atlanta
Active Citizen 54
11:04 AM on 03/05/2011
Prurient interests over politics?  ROTFLMAO!

With these purchased politicians it is anything to mis-direct and distract while they continue to rape America for their Corporate Collective entity's welfare.

The Oil Barons just got another bribe to pump US Taxpayer dollars back into their pockets.
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HUFFPOST SUPER USER
dtay
11:48 AM on 03/05/2011
I agree. These social issues are really the Weapons of Mass Distruction. It's all smoke and mirrors. Americans are obsessed with the petty issues and sometimes just live for the fight instead of trying to work together to fight the real enemy. Corporate Greed. That's why those people are fighting in the east. Greed.
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kasv
Think... Republicans haven't outlawed it yet.
10:14 AM on 03/05/2011
Fineman's presentation is in the negative, perhaps showing his own bias. Here is the way the poll results were depicted by the poll taker, Pew Research:

"A poll conducted by Pew Research Center indicates that gay marriage is becoming more widely accepted among independent voters. An 8 percent point increase in approval since 2009, this is a small win for human rights and supporters of gay marriage."

BTW, Pew's headline for this poll is: "Gay Marriage Poll: More Independent Voters Shows Support"

Here's the link:
http://politics.gather.com/viewArticle.action?articleId=281474979115346
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WheelsOnFire
Fiercely Independent
11:15 AM on 03/05/2011
And a Gallup poll last year found the majority of Americans overall in favor of gay marriage and only a rapidly shrinking number opposed.

The Republicans know this. Gay bashing will cost them votes, which is why Boehner is trying to avoid an ugly floor fight on the DOMA issue.
HUFFPOST SUPER USER
drreader
10:10 AM on 03/05/2011
We love who we love, period. Same sex couples simply must avail themselves of a good lawyer, to make sure they have appropriate wills and other financial arrangements. I hope same sex mariage becomes the law of the land, then they can enjoy the fun of divorce, like the rest of us.

I have known a few same sex couples where the one with the most money held all the power, when they split, the poorer partner was simply thrown under the bus. A pre-nup would have helped.
HUFFPOST COMMUNITY MODERATOR
EmmaDarian
All in all, I'm loving every rise and fall (RHCP)
10:17 AM on 03/05/2011
Just a point (though you may already know this): The best lawyer cannot get same-sex couples all the benefits and rights that marriage, and only marriage, conveys.
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HUFFPOST SUPER USER
Ioan Lightoller
Proud Married Gay Pagan Man
08:48 PM on 03/08/2011
Why should I spend a boatload of money (that I don't have) on arrangements that heterosexuals don't have to worry about since they get all the federal rights and protections when they marry. Why should we have any less legal rights and protections than straights who marry?. As for pre-nup since in most states marriage equality is not yet on the books, the case you mention would properly fall under "palimony".
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HUFFPOST SUPER USER
Peter007
10:03 AM on 03/05/2011
This is a campaign tactic. The Democrats need the issues in the 2012 to be about cultural issues and not the economy. This is one of the 1st shots.
The Executive branch is walking all over the legislative branch. It is stepping on the toes of the legislators and daring them to complain.
The Republicans know they are correct legally but don't want this to turn into a political issue.
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HUFFPOST PUNDIT
SPQR1052
VET & GLBT - http://www.ryanvouchercare.com -
09:28 AM on 03/05/2011
self-loathing INSANITEA GOP  talking-head (pun intended)
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Hillrick
...wheel to the storm and fly!
09:08 AM on 03/05/2011
Dem issue- 55-65% in favor=closely divided poll.
GOP issue- 30%= overwhelming mandate from the people!
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HUFFPOST BLOGGER
Nelson Montana
Artist, Author, Composer
08:58 AM on 03/05/2011
I work as a musician and recently played a gay wedding. I don't know if it was a "legal" bond or not. But the couple didn't care. The guests didn't care. The band didn't care. All that mattered was that they loved each other and wanted to be together. It was beautiful.

I think more people need to take that approach and not get caught up in waiting for some suits in Washington to give the "green light." WHo cares? Why even give them the satisfaction? Live your life.
HUFFPOST COMMUNITY MODERATOR
EmmaDarian
All in all, I'm loving every rise and fall (RHCP)
09:21 AM on 03/05/2011
While your description of the wedding is lovely, advising people not to worry about the legality is pretty poor advice. Fighting for rights isn't about giving anyone satisfaction or not.

Would you have said the same to an interracial couple fighting for the right to marry? Hey, kids, don't worry that it's not legal and that you won't be able to visit each other in the hospital or be as financially stable as same-race couples, you don't get the 1138 rights and benefits that come with marriage. Your kids won't enjoy those benefits that affect them either, and they'll know that other kids do. But, hey, as long as it's a cool party, it's all good. Just chillax.

And, you know, women should have just dressed up, shown up to the voting booths and submitted pretty little pieces of paper, maybe pink ones with roses on them, instead of worrying about when thought and expending all that energy fighting. It's just like voting, right? They shouldn't have given men the satisfaction of seeing them fight for their right to vote.

Yeah, you don't know if the couple's marriage was legal. If it was in the US, even if it was legal at the state level, there is no federal recognition. So what you saw was a couple making the best of a bad situation. You are telling them to enjoy the discrimination.
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HUFFPOST BLOGGER
Nelson Montana
Artist, Author, Composer
09:38 AM on 03/05/2011
A ridiculous reply. You're confused to what I'm saying. And your point is completely unanalogous and you know it. Or at least, you should. Or maybe you can't.
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Farmers Market
False Flag Strategy For War
10:48 AM on 03/05/2011
I agree with your sentiments except that the legality of the union has certain legal consequences that are ignored at one's peril. That is what the fight is all about . . . to be equal under the law.
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HUFFPOST SUPER USER
jhr459
Arbiter of All Things
04:28 AM on 03/11/2011
Thank you for your moderate reply. I don't think it is necessary to mock or belittle those who essentially have our backs, simply because they didn't go far enough, say the right thing or say it the right way, etc, etc. That is the problem with us Democrats that the republicans have way over us. They are aligned with each other and we prefer (time and time again) the circular firing squad. Your explanation got over the point without mocking the poster that was extolling the 'beauty' of the SS ceremony - and thank you Nelson for noticing that it was lovely.
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practiceempathy
Tolerance need not yield to willful ignorance.
08:44 AM on 03/05/2011
"the polls show that among independent voters it's a closely divided issue."

All Americans should experience the profound humiliation of witnessing their countrymen vote on their lives.

This entire debate is a travesty and a betrayal of what this nation is SUPPOSED TO BE about.
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Hillrick
...wheel to the storm and fly!
09:28 AM on 03/05/2011
Fave the comment, fan for the handle.
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kasv
Think... Republicans haven't outlawed it yet.
10:07 AM on 03/05/2011
x2
This user has chosen to opt out of the Badges program
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practiceempathy
Tolerance need not yield to willful ignorance.
05:44 PM on 03/05/2011
Thank you, Hillrick. We all need to practice empathy in our lives. This nation is becoming too acerbic in its character. Peace to you and yours.
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HUFFPOST PUNDIT
SPQR1052
VET & GLBT - http://www.ryanvouchercare.com -
09:29 AM on 03/05/2011
co signed
HUFFPOST SUPER USER
truthfinderddw
08:19 AM on 03/05/2011
The Log Cabin Repub's want it both ways, that is why they ride the fence. Have some Integrity and guts boys, like the one's serving in our Military! Mr. Fineman, I sure do enjoy your Analysis on every Level!