Friday, May 8, 2009

The Necessity of Asking & Telling: Why President Obama Must Preserve, Protect, and Defend the Human and Civil Rights of Gay and Lesbian Citizens

http://www.washingtonpost.com/wp-dyn/content/article/2009/05/07/AR2009050703055.html

http://www.nytimes.com/2009/05/07/us/politics/07obama.html?_r=1&th&emc=th

All,

Like the upcoming Supreme Court nomination battle as well as the many other ongoing fights over the economy, the wars in the Middle East and Afghanistan/Pakistan, the national budget, universal health care, education, new energy policy, etc. the President will not be able--nor should he be able-- to simply sidestep the pivotal constitutional and moral issue of equal human and civil rights for gays and lesbians. It's way past time for the American government and the Obama Administration --as well as the rest of us --to honestly face up to the crucial necessity of fully embracing and defending the bedrock political, moral, and ethical maxim/principle that says that for any one of us to be free then everyone must be free. That we must all finally come to openly recognize and apply this fundamental truth when it comes to our fellow human beings who are not heterosexual is not just a major litmus test of our politics but of our humanity...

Kofi

P.S. Check out the fine piece below by African American journalist and columnist Eugene Robinson (who just won the 2009 Pulitzer Prize for journalistic commentary last week)


MIA On Gay Marriage
By Eugene Robinson
Friday, May 8, 2009
The Washington Post


Believe it or not, often I can see the other side of an argument. I know that tough gun control laws save lives and make our communities safer, for example, but I also see clarity in the Second Amendment. I support affirmative action, but I realize that providing opportunity to some worthy individuals can mean denying opportunity to others. Thinking about some issues involves discerning among subtly graded shades of gray.

On some issues, though, I really don't see anything but black and white. Among them is the "question" of granting full equal rights to gay and lesbian Americans, which really isn't a question at all. It's a long-overdue imperative, one that the nation is finally beginning to acknowledge.

Before his inauguration, President Obama called himself a "fierce advocate of equality for gay and lesbian Americans." Now, with the same-sex marriage issue percolating in state after state and with the Pentagon's "don't ask, don't tell" policy ripe for repeal, it's time for Obama to put some of his political capital where his rhetoric is.

On Wednesday, Maine became the fifth state to legalize gay marriage; similar legislation in New Hampshire has been sent to the governor. Politicians in Washington who want to avoid what they see as a dangerous controversy have a convenient escape: They can say that the marriage issue should be left to the states and that the question of whether a legal gay marriage in one state should be recognized everywhere has already been addressed by Congress and ultimately will be settled by the courts.

But that's a dodge, not a stance. It certainly can't be confused with leadership.

Favoring "civil unions" that accord all the rights and benefits of marriage -- but that withhold the word marriage, and with it, I guess, society's approval -- amounts to another dodge. I'm concerned here with the way the law sees the relationship, not the way any particular church or religious leader sees it; that's for worshipers, clergy and the Almighty to work out. Marriage is not just a sacrament but also a contract, and the contractual aspect is a matter of statute, not scripture.

Obama took the "civil unions" route during last year's campaign and has stuck with it. While I see the political calculation -- that was basically the position of all the major Democratic candidates -- I never understood the logic. If semantics are the only difference between a civil union and a marriage, why go to the trouble of drawing a distinction? If there are genuine differences that the law should recognize, what are they?

It seems to me that equality means equality, and either you're for it or you're not. I believe gay marriage should be legal, and it's hard for me to imagine how any "fierce advocate of equality" could think otherwise.

Obama sensibly advocates the repeal of "don't ask, don't tell." He should press the case by publicly reminding opponents of letting gays serve openly in the military that their arguments -- it would hurt morale, damage cohesion and readiness, discourage reenlistment -- are often the same, almost word for word, as the arguments made 60 years ago against racial integration in the armed forces. It was bigotry then, and it's bigotry now.

Obama should also make the obvious case that forcibly discharging capable, fully trained servicemen and servicewomen for being gay, at a time when our overstretched military is fighting two big wars, can only be described as insane.

What the president shouldn't do is stay away from the marriage debate on the grounds that it's not a matter for the federal government. For one thing, he's on record as favoring repeal of the 1996 Defense of Marriage Act -- a law that blocked federal recognition of same-sex marriages and relieved states of any obligation to recognize out-of-state gay marriages.

Does Obama's stance in favor of repeal mean that he believes the federal government should recognize same-sex marriages? Does he also believe that, say, the state of Alabama should recognize a gay marriage performed in Iowa? If so, what is the practical difference between this position and just saying in plain language that gay marriages ought to be legal and recognized in all 50 states?

I'm not being unrealistic. I know that public acceptance of homosexuality in this country is still far from universal. But attitudes have changed dramatically -- more than enough for a popular, progressive president to speak loudly and clearly about a matter of fundamental human and civil rights.

eugenerobinson@washpost.com


WHITE HOUSE MEMO

With Gay Issues in View, Obama Is Pressed to Engage
By SHERYL GAY STOLBERG
Published: May 6, 2009
New York Times

WASHINGTON — President Obama was noticeably silent last month when the Iowa Supreme Court overturned the state’s ban on same-sex marriage.

But now Mr. Obama — who has said he opposes same-sex marriage as a Christian but describes himself as a “fierce advocate of equality” for gay men and lesbians — is under pressure to engage on a variety of gay issues that are coming to the fore amid a dizzying pace of social, political, legal and legislative change.

Two of Mr. Obama’s potential Supreme Court nominees are openly gay; some advocates, irked that there are no gay men or lesbians in his cabinet, are mounting a campaign to influence his choice to replace Justice David H. Souter, who is retiring. Same-sex marriage is advancing in states — the latest to allow it is Maine — and a new flare-up in the District of Columbia could ultimately put the controversy in the lap of the president.

Mr. Obama’s new global health initiative has infuriated activists who say he is not financing AIDS programs generously enough. And while the president has urged Congress to pass a hate crimes bill, a high priority for gay groups, he has delayed action on one of his key campaign promises, repealing the military’s “don’t ask, don’t tell” rule.

Social issues like same-sex marriage bring together deeply held principles and flashpoint politics, and many gay activists, aware that Mr. Obama is also dealing with enormous challenges at home and overseas, have counseled patience.

But some are unsettled by what they see as the president’s cautious approach. Many are still seething over his choice of the Rev. Rick Warren, the evangelical pastor who opposes same-sex marriage, to deliver the invocation at his inaugural, and remain suspicious of Mr. Obama’s commitment to their cause.

In the words of David Mixner, a writer, gay activists are beginning to wonder, “How much longer do we give him the benefit of the doubt?” Last weekend, Richard Socarides, who advised President Bill Clinton on gay issues, published an opinion piece in The Washington Post headlined, “Where’s our fierce advocate?”

The White House, aware of the discontent, invited leaders of some prominent gay rights organizations to meet Monday with top officials, including Jim Messina, Mr. Obama’s deputy chief of staff, to plot legislative strategy on the hate crimes bill as well as “don’t ask, don’t tell.” Among those attending was Joe Solmonese, president of the Human Rights Campaign, who said afterward that while the gay rights agenda might not be “unfolding exactly as we thought,” he was pleased.

“They have a vision,” Mr. Solmonese said. “They have a plan.”

While Mr. Obama has said he is “open to the possibility” that his views on same-sex marriage are misguided, he has offered no signal that he intends to change his position. And as he confronts that and other issues important to gay rights advocates, he faces an array of pressures and risks.

Anything substantive he might say on same-sex marriage — after the Iowa ruling, the White House put out a statement saying the president “respects the decision” — would be endlessly parsed. If Mr. Obama were to embrace same-sex marriage, he would be seen as reversing a campaign position and alienating some moderate and religious voters he has courted.

And if he appoints a gay person to the Supreme Court, he would be viewed by social conservatives — including many black ministers, another of his core constituency groups — as putting a vote for same-sex marriage on the highest court in the land. Two gay women, Kathleen M. Sullivan and Pamela S. Karlan, both of Stanford Law School, have been suggested as potential nominees.

“That would be tantamount to opening the gate for the other side,” said Bishop Harry J. Jackson Jr. of the Hope Christian Church in Beltsville, Md., who is organizing protests in Washington, where the City Council passed an ordinance this week recognizing same-sex marriages in other states. “If he meant what he said about marriage then I think he has got to stand up and be a president who acts on his beliefs.”

Some say change is inevitable, not only for Mr. Obama but also for other Democratic politicians who have embraced civil unions but rejected same-sex marriage. Now that the Iowa ruling has pushed the battle into the nation’s heartland, the issue will inevitably come up during the 2010 midterm elections and the 2012 presidential campaign.

“We’ve elected probably the most pro-gay president in history; he’s very good on the issues but he is not good on gay marriage,” said Steven Elmendorf, a gay Democratic lobbyist. “From the gay community’s perspective, he and a lot of other elected officials are wrong on this. My view is that over time, they’re going to realize they’re wrong and they’re going to change.”

Mr. Obama has chosen a number of openly gay people for prominent jobs, including Fred P. Hochberg as chairman of the Export-Import Bank and John Berry to run the Office of Personnel Management. And he is the first president to set aside tickets for gay families to attend the White House Easter Egg Roll.

But on legislation, allies of Mr. Obama’s are not surprised that he is charting a careful course. In addition to calling for the repeal of the “don’t ask, don’t tell” policy in the military, Mr. Obama supports a legislative repeal of the Defense of Marriage Act, the 1996 law that said states need not recognize same-sex marriages performed in other states. Opponents of same-sex marriage say that is an inconsistency.

Tobias Wolff, a law professor at the University of Pennsylvania who was Mr. Obama’s top campaign adviser on gay rights, said the president needed time to build political consensus.

“I think he has a genuine sense,” Mr. Wolff said, “that in order to move these issues forward you need broader buy-in than you are going to get if you poke a stick in too many people’s eyes.”