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Lane Hudson

Lane Hudson

Posted May 7, 2009 | 09:31 AM (EST)

White House Speechless on Marriage Progress


When the Iowa Supreme Court unanimously ruled that it was unconstitutional to deny the freedom to marry based on sexual orientation, the White House issued the following statement:


The President respects the decision of the Iowa Supreme Court, and continues to believe that states should make their own decisions when it comes to the issue of marriage. Although President Obama supports civil unions rather than same-sex marriage, he believes that committed gay and lesbian couples should receive protection under the law.

It was quickly noted that the statement lacked the word 'equal' or any variation of it. Under quick and heavy criticism from the gay community, the White House either issued a correction, completing the phrase, 'equal protection under the law'.

I sarcastically joked that what was missing in the statement was an entire sentence:

President Obama, a brilliant constitutional law professor, supports the separate but equal policy that is increasingly being ruled unconstitutional by State courts.

The statement was messaged to death and probably signed off by Press Secretary Robert Gibbs or one of his deputies. I can't help but think that the gay staffers in the White House wouldn't have cautioned that such a response would not be well-received.

When the Vermont legislature dramatically overrode the veto of Republican Governor Jim Douglas, the White House had nothing to say.

Today, when Maine's Governor John Baldacci became the first Governor in the history of the American nation to sign a bill granting civil marriage rights to gays, the White House didn't issue a statement (but they did issue a Presidential Proclamation for World Trade Week). ABC News' Jake Tapper must have noticed. He asked Robert Gibbs about Maine in today's press briefing (via The Advocate):

Jake Tapper: Does the President or the White House have a reaction to the Governor of Maine signing a same-sex marriage bill?


Robert Gibbs: No, I think the President's position on same-sex marriages has been talked about and discussed.

Tapper: He opposes same-sex marriage.

Gibbs: He supports civil unions.

Tapper: Does that mean that he's going to say or do anything against what the citizens of Maine--

Gibbs: Not that I'm aware of. I think the President believes this is an issue that's best addressed by the states.

That's all of the acknowledgment that the gay community gets. Nothing more. We're in the midst of mind-blowing progress towards being treated equally by the law and the White House can't muster one bit of emotion or congratulatory tone. To say it's disappointing wouldn't come close.

Here's the thing: Robert Gibbs, who I have known since 1998, is a good person and I'm sure he is happy for the advances towards equality for the gay community. But, there is a mentality that anything 'gay' is controversial and toxic. The political 'ruling class' has always propagated that notion and it remains to this day. It permeates campaigns and government alike. That's why we get half-ass measly statements, if anything.

Here's the problem: Everybody knows the Democrats are for equality for the gays. The Republicans have spent a gazillion dollars telling everybody that for the past 18 years or so. So when a Democrat back tracks and falls all over himself to answer a 'gay' question, it shows fear. It shows dishonesty. And nobody's buying it.

The Solution: The White House and other Democrats should shed their feigned distaste for equal rights for gays. Now is the time. We are in the midst of a revolution. Public opinion is changing faster than ever. Even Republicans are considering embracing some of these issues because they are beginning to realize that their homophobic ranting is driving the under 30 vote away in droves. Embrace history and be a part of advancing the next big expansion of equal rights to a minority in America. We've never looked back on that with shame. Indeed, they are the are some of the proudest moments in our history.


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HUFFPOST COMMUNITY MODERATOR
slaxx
08:53 PM on 05/09/2009
it's politics. sad but true. we should be able to take a stand against prejudice and actually ackowledge that unequal treatment for gays is wrong, but as long as LGBT people are treated unequally, it will be okay to treat them unequally.
HUFFPOST COMMUNITY MODERATOR
BruceHNV
02:28 PM on 05/07/2009
We live in the world as it is, and seek the world as it should be. No one in government is ever going to support 100% of any citizen's personally preferred legislative structure. to personally attack elected officials for being insensitive to your concerns is counterproductive.

The natural evolution of emerging rights in this country seems to be:

1) A segment of the population is discriminated against and "everyone" takes it for granted, makes excuses for it, claims biblical support for their position, claims it's NOT discrimination, and that to foster equal treatment would work some great social evil.

2) Said segment gains courage, quits settling, agitates for equality and gradually a: gets their members to become activists and b: attracts non-members to their cause.

3) Legislation to right the wrong of discrimination is proposed and fails repeatedly. Seeing the wirting on the wall, reactionaries even pass legislation cemeting the status quo. Courts split over whether the law or social justice will prevail.

4) State by state, justice wins - first in court and then the legislature, and finally the ballot box.

5) The federal government gets on board.
02:51 PM on 05/07/2009
And sadly there are many many people like me who will not live long enough to see that process move forward, so I will stand up til my last dying breath to make sure my voice is heard as long as possible, and that I can say I honorably and respectfully did my best to play my part in the movement
HUFFPOST COMMUNITY MODERATOR
BruceHNV
09:32 PM on 05/07/2009
For which, you should be proud.
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HUFFPOST COMMUNITY MODERATOR
slaxx
08:57 PM on 05/09/2009
good post.

however, the point is that it is still perfectly acceptable to dis gays, while not so for any other group - women, blacks, jews, etc.
02:17 PM on 05/07/2009
Obama supports same sex marriage, but doesn't want to say it. He says he supports civil unions that give equal rights to same sex couples. That means that he supports same sex marriages, but he just doesn't want to call them "same sex marriages." He knows the constitution well enough to know that due process has been interpreted to garauntee marriage as a fundamental right. He must be saying that he doesn't believe in same sex marriage for political reasons only, even though he effectively does believe in it.
HUFFPOST COMMUNITY MODERATOR
BruceHNV
02:32 PM on 05/07/2009
Perhaps more accurately, he distinguishes between the religious rite of marriage and the civil rights of human beings.

In his religion, marriage is defined a certain way.

He knows religious preference is no basis for law. He knows all humans must receive equal treatment.
03:31 PM on 05/07/2009
"In his religion, marriage is defined a certain way."

Obama is a member of the United Church of Christ. The UCC recognizes same-sex marriages.
HUFFPOST SUPER USER
mredder4
02:34 PM on 05/07/2009
"Obama supports same sex marriage, but doesn't want to say it."

In other words, he's a coward. A typical politician. Even worse, a typical Democrat, unable to stand up for the position he believes in. (And this is true whether he secretly supports gay marriage or publicly supports civil unions: he addresses neither)

Real men state what they believe in and stand behind that. Obama can't seem to do that, which means he's weak.
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HUFFPOST COMMUNITY MODERATOR
slaxx
08:59 PM on 05/09/2009
all of our politicans are cowards. even when it comes to doing the right thing. they do have elections to win, afterall.
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MarkBoston
it's gonna take more than lipstick
01:49 PM on 05/07/2009
OK ... Here's one .. If Obama states he believes that the States have the right to decide for themselves the issue of equal rights in marriage ... and the State DOES sign into law the equal right .. then must not the Federal Government be obliged to recognize that decision and provide fed law to that State ???
HUFFPOST COMMUNITY MODERATOR
BruceHNV
02:14 PM on 05/07/2009
Not in all things.

Various Federal statutes and regulations can be tweaked, however, so that places where the feds recognize marriage (tox code, inheritance, survivor rights, spousal privilege, etc.) become places where the feds recognize marriage, civil unions, or their "legal equivalent."
HUFFPOST COMMUNITY MODERATOR
BruceHNV
02:35 PM on 05/07/2009
tos code. That's funny.
02:18 PM on 05/07/2009
No, because "Federal law supercedes state law" and therefore, even if a state recognizes marriage equality, the federal government is not required to. The same thing goes for the marijuana laws. Despite several states having medical marijuana and possession laws, the feds still have the right to go in and raid state legalized marijuana dispensaries and growers
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HUFFPOST COMMUNITY MODERATOR
slaxx
09:01 PM on 05/09/2009
but i thought that there is no federal marriage law?
01:48 PM on 05/07/2009
I will never understand why this man, who is a constitutional lawyer, thinks this issue is about states' rights.

Our movement for equality is like a bucking bronco; he better hold on for dear life, or he will be cast aside into irrelevance.
02:21 PM on 05/07/2009
he may be a constitutional lawyer, but he is also a politician, and as such he seems to be saving his political capital to work on "more important things" (as if there were anything more important than fairness justice and equality), so he is bowing to the pressures of his opponents and not moving as quickly on this issue as many of us would wish
HUFFPOST COMMUNITY MODERATOR
BruceHNV
02:34 PM on 05/07/2009
Or he knows that the natural evolution of emerging rights will get where it's going, and he will do nothing to stand in its way.

He already supports full equal treatment regardless of semantics - and this means that federal regs which discriminate against legally joined same sex couples will have to fall.
HUFFPOST SUPER USER
bsc
01:26 PM on 05/07/2009
it is not just a state issue. it is a federal issue. Gay people cannot file joint tax returns, making it a federal issue. DOMA needs to be repealed.
01:11 PM on 05/07/2009
If people are so comfortable with the idea of gay marriage, then why is it that it fails to pass on so many ballor iniatives that are voted on by the populace of a given state?

Clearly the President has to walk a very fine line when it comes to gay marriage because in order to get other things passed such as budgets, tax reform, healthcare reform, and the financial crisis; he's going to need the popular support of the people and the votes in Congress. He won't get that popular support from all parties if he is sidelined by an issue like gay marriage. I have faith that he will do what is right on this issue. Yes the idea of homosexuality and marriage, according to poll numbers is more widely accepted, however if that were true then you would see more states go to the polls and support such an idea. Instead it is left up to legislative and judicial bodies which have leaned favorably to gay marriage.
01:38 PM on 05/07/2009
Where is your proof of this? Marriage equality rights are falling like dominos across the country, and they will continue to fall until only the most backward reliigously conservative angelically controlled states will ban marriage equality, and many of those states politicians (yes Im talking to you, Palin, Jindal and Bachman) are already considered irrelevant or complete jokes by the rest of the country.
02:53 PM on 05/07/2009
Well if you or someone else could please enlighten me, and show me a state where the populace voted and accepted same sex marriage?

From my understanding, and i will admit a limited understanding, it has been my assumption that in each of the states and cities in which same sex marriage was legalized/accepted it was done so through a judicial decision or a legislative one.

So if that is the case then it goes back to my point, that although homosexuality might be widely accepted now, that does not necessarily translate to it being an acceptance of gay marriage by the populace of a given state.
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HUFFPOST COMMUNITY MODERATOR
slaxx
09:03 PM on 05/09/2009
"If people are so comfortable with the idea of gay marriage, then why is it that it fails to pass on so many ballor iniatives that are voted on by the populace of a given state?"

because it's easy to vote against something that doesn't affect you. and people like the "tradition" of things.
HUFFPOST SUPER USER
TexasMom
Grampa was a Commie and no one cared!
12:52 PM on 05/07/2009
I don't understand how equal protection for all Americans can be controversial. The Iowa ruling went to what should be the argument. It seems like a separation of church and state violation to let ministers sign a marriage license anyways. If the state allows them to do that aren't the ministers or priests acting as an agent for the state and then it would seem they'd be obligated to marry everyone in their churches. If it was a civil marriage for all and then a church wedding in addition for those who wanted the religion part it would seem to solve all problems.
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HUFFPOST COMMUNITY MODERATOR
slaxx
09:23 PM on 05/09/2009
the church doesn't have to marry anyone it doesn't want to. although they won't marry you if you don't have a gov license, they do not have to marry you if you have one. for example, the catholic church will not marry you if you have been divorced.
12:28 PM on 05/07/2009
Lots and lots and lots, basically ALL of us, voted for him. We see him as a new age miracle man, one who has real integrity, real decency....one of us! he made us proud. I so hope he does not disappoint us now. The time is now. History is available to him right now to make a stand.
12:09 PM on 05/07/2009
I am not sure if he has the political capital to repeal entire DOMA but how about repealing only Section 3.
Then it would truly be a state rights issue. Also UAFA if possible.
12:19 PM on 05/07/2009
Why is the political capital he holds with his "esteemed colleagues" in Congress and the minority GOP more important than the political capital he holds with large sections of his supporters? He is trading the political capital he holds with many of us, for the far less valuable but prettier and more expedient capital of his Congressional friends and foes
12:31 PM on 05/07/2009
He is a politician. He looks after his interests. So should you.
HUFFPOST SUPER USER
bsc
01:28 PM on 05/07/2009
gay couples need to be able to file joint federal tax returns. being able to file state taxes jointly does not really effect your tax rate or returns, but the feds do.
12:07 PM on 05/07/2009
Obama, "Individual states shoul take care of gay marriages!" IN fvor of gay unions ,but on civil Basis?
How about straight people wanting marriage for many benefits? Does marriage only consideer unification for sexual benefits leading to legal benefits, therefore entitling people to marry no matter what the reasons? How about a threesome? How about three men, two men and a woman or two women and a man? Why does marriage consider only two people? Society comes down HARD on men having more than one wife.... newsworthy TV network ratings.... several days of keeping public interest alive, talking about mormon lifestyle and police intervention... birthing of state into NWO conceptual thinking politics. A legal threesome for support purposes of whatever the gender, in helping to raise a family by regular birthing practices or adoption, especially in the economic state of the this nation, iIs society going to accept threesome marriages or more? The courts haven't begun touching upon the realities of humanity's confusional state of mind where marriage and the right to the 'whatever' people feel about themselves and what they are entitled protected the the concept of marriage. Humanity we're in for a long ride. .
11:42 AM on 05/07/2009
I don't believe that America and the world reacted with "silence" when Barack Obama became the Democratic nominee for President or once he was elected President. In the years leading up to the Holocaust there was a great deal of silence, in the early years of the AIDS epidemic there was also a great deal of silence. "Silence" is not an absence of a response, it is a response.
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11:56 AM on 05/07/2009
You make a great point. Obama has spoken his views in the past and his "silence" now indicates to me that he has not changed those views, something that would require a new statement on the record.
12:08 PM on 05/07/2009
What do his personal views and opinions have to do with upholding the law of the land and making sure the law of the land reflects the spirit AND the word of the constitution? Is he not better than that to allow his personal views stand in the way of what is morally just?
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11:40 AM on 05/07/2009
Which part of Obama's message on gay marriage do people not get? The part where he says he thinks it should be left up to the states. Or the part about how he personally is not in favor of it, preferring civil unions.

Yes, Obama was the most progressive of the then-contenders for the White House and yes he has said that he doesn't support ballot initiatives like Prop 8 but it seems that many refuse to accept the reality that he is unlikely to lift a finger in bringing about federal gay marriage. . . especially since he continually says it is not something he supports (or is willing to support publically at least).

That said, I think he would be a vigilant enforcer of a federal right for gays to marry that came about either through legislation or a ruling of the Supreme Court.

I just can't understand why people are baffled by his relative silence so far on recent decisions. It is wholly consistent with his past statements.
11:55 AM on 05/07/2009
His official position, cobbled together from his various statements in the past suggests that, while he does not personally approve of marriage equality, he does not believe the federal government should stand in the way of marriage equality either. But, based on his lack of vocal support to overturn DOMA, he is essentially contradicting himself, by allowing a law to remain on the books that some states will use to prevent marriage equality from being legalized in their state.
HUFFPOST SUPER USER
bsc
01:29 PM on 05/07/2009
right and gay people are not allowed to file fed tax returns jointly even if married
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HUFFPOST SUPER USER
YellowDogInRedCounty
I'm the baby; gotta love me!
02:21 PM on 05/07/2009
I'd like to think his opinion would change quickly as more and more states make it legal.

http://manalive123.blogspot.com
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11:29 AM on 05/07/2009
Here's the thing with Obama and I wish he would clarify his point, although it can be pieced together from his statements.

He's stated yes, he supports civil unions. He does not support gay marriage. Now. What this tells me is this.

He's got a position on this matter, he will come out to support one but will not support the other because of his beliefs. That's fine.

Here's the difference on Obama's position and say the Prop 8 crowd.

Obama also clearly stated he does not feel laws should be written to prevent gay marriage. He says this is because laws should be to protect rights, not infringe upon them.

Yes, it's a shame he doesn't just come out and support gay marriage. Maybe now that it is becoming such a huge issue he will be forced to address it publicly.
11:50 AM on 05/07/2009
And that is kind of the point, currently DOMA is a law that is preventing many states from allowing gay marriage, so by not making moves to show true signs that he will repeal it as promised, he is being disingenuous
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12:05 PM on 05/07/2009
Hmm! I didn't know about his promise to repeal DOMA. I would imagine it is still his intention as it is consistent with his expressed views about being against such legislation. I think he is a BIT busy now though with a couple of big crises and is picking his battles carefully right now.
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11:51 AM on 05/07/2009
You had me until your last paragraph! You state Obama's stance perfectly but somehow conclude or expect that he will be forced to support gay marriage. I think if he is forced, he will actually just restate his support for civil unions and not gay marriage.
12:03 PM on 05/07/2009
Regardless of whether he personally supports civil unions or true marriage equality (which would include religious rites for those LGBT who wish to participate in them), if he is a true Statesman, he will not allow his personal opinions and views stand in the way of progress. But, that is what it appears he is doing, by not overturning DOMA, and giving states an excuse not to grant marriage equality because "federal law supercedes state law"
11:23 AM on 05/07/2009
Not commenting is a good decision.