LGBT Legal And Advocacy Groups Decry Obama Administration’s Defense of DOMA
We disagree with many of the administration’s arguments, for example, that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.
We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states. There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive. It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.
When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.
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Original source : http://gay_blog.blogspot.com/2009/06/lgbt-legal-an…
Colbert Debates Don’t Ask, Don’t Tell In Front Of Audience Of Active Troops
Stephen Colbert took on a formidable opponent last night in the debate over allowing openly gay men and women to serve in the U.S. Armed Forces: Himself. After an intro from George H.W. Bush and brief plug for Amp energy drink, Colbert One told Colbert Two that his gay Arabic translator had been fired, bringing the total to 59 in the past 5 years.
Colbert Two took a pro-gay stance, whereas Colbert One defended the army’s choice to fire these men. The segment was funny and intriguing, but Colbert (as a whole) seemed unwilling to take a hard stance on the issue while performing in front of an audience of active troops.
In the past Colbert has mocked “Don’t Ask, Don’t Tell” in his typical pompous fashion, with much harsher rhetoric. See Colbert Debates Don’t Ask, Don’t Tell In Front Of Audience Of Active Troops
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Original source : http://gay_blog.blogspot.com/2009/06/colbert-debat…
Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout
When Barack Obama sought the presidency, he pledged to reverse the “Don’t ask, don’t tell” policy preventing gays and lesbians from serving openly in the U.S. military. Yet on Monday, the Supreme Court rejected a gay Ohio soldier’s challenge to the law — with the legal backing of none other than the Obama Administration.
James Pietrangelo II, the former Army infantryman and lawyer whose case the high court declined to review, reserved most of his ire for President Obama instead of the court. “He’s a coward, a bigot and a pathological liar,” Pietrangelo said in an interview with TIME shortly after the high court declined to hear his appeal. “This is a guy who spent more time picking out his dog, Bo, and playing with him on the White House lawn than he has working for equality for gay people,” he added. “If there were millions of black people as second-class citizens, or millions of Jews or Irish, he would have acted immediately” upon taking office to begin working to lift “Don’t ask, don’t tell.” Pietrangelo fought in Iraq in 1991 as an infantryman, and returned as a JAG officer for the second Iraq War, before being booted out in 2004 for declaring he was gay as he was readying for a third combat tour. He was representing himself before the high court. (See pictures of the gay rights movement.)
The Obama Administration, in its brief in the case last month, said a lower court acted properly in upholding the gay ban. “Applying the strong deference traditionally afforded to the Legislative and Executive Branches in the area of military affairs, the court of appeals properly upheld the statute,” argued Elena Kagan, who as Solicitor General represents the Administration before the Supreme Court. The bar on gays serving openly is “rationally related to the government’s legitimate interest in military discipline and cohesion,” her 12-page filing added.
The endorsement of “Don’t ask, don’t tell” by the Administration marks the latest rightward tack by Obama. The President denounced many of George W. Bush’s national-security policies during the campaign, but in office has adopted more conservative positions, including endorsing military commissions to try purported terrorists, and declining to release a second batch of photographs depicting alleged U.S. maltreatment of Iraqi detainees. His stance on “Don’t ask, don’t tell” may be more surprising, because Obama aides have made clear the President wants the ban lifted eventually. (Watch a gay marriage wedding video.)
Pietrangelo doesn’t buy the line from Obama aides — and the Pentagon — that they’re too busy grappling with a faltering economy and two wars to handle the gay ban right away. “It’s a complete lie that he has too much stuff on his plate — this is the guy who criticized Bush for not being able to multitask,” Pietrangelo says. “We have an old saying in the military — the maximum effective range of an excuse is zero meters.” See Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout TIME
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Original source : http://gay_blog.blogspot.com/2009/06/dismay-over-o…
Backlash to lenient sentence in gay bashing case
A group of local activists have planned a rally June 18 outside the Edward Brooke Courthouse to protest the sentence of Fabio Brandao, a 29-year-old Framingham man who pleaded guilty to taking part in a brutal gay bashing in the South End on Aug. 24. Boston District Court Judge Thomas C. Horgan imposed a two-year suspended sentence and mandatory completion of an anger management program on Brandao, but the Anti-Violence Project and the grassroots LGBT group Join The Impact Massachusetts plan to demonstrate to send the message that they believe the sentence was too lenient. Brandao pleaded guilty to nine charges, including four civil rights violations; he and three friends ambushed a group of four people in their mid-20s on Columbus Avenue who were returning home from the Roxy nightclub, and the assailants kicked and punched two of the men in the head, leaving them with cuts, bruises and mild concussions. Brandao and his assailants allegedly called the victims “faggots” during the assault.”It’s just inconceivable that Brandao could have left two men brain-injured in the street on Columbus Avenue and then walk out of court with an anger management assignment. It shocks the conscience, and it points to a deep-seated problem the Anti-Violence Project has struggled with since 1986, and that’s that gay, lesbian, bisexual and transgender people don’t get equal protection under the law,” said Don Gorton, chair of the Anti-Violence Project. See Backlash to lenient sentence in gay bashing case
Bay Windows
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Clinton Says His View On Gay Marriage Is “Evolving”
ABC News’ Rick Klein reports: This afternoon in Toronto, former Presidents Bill Clinton and George W. Bush shared a stage for a “conversation with presidents” at Toronto’s Convention Centre, in a ticketed event (with a hefty payday for both ex-presidents) that was open to the general public.
It was a fascinating discussion — these two 62-year-old men with a combined 16 years in the presidency, talking about current and past events as probably no one else alive can, for the first time in a public forum.
While President Bush mostly kept to his promise not to criticize his successor, he bristled at the suggestion — advanced by President Obama, among others — that Iraq distracted the nation from the war in Afghanistan.
“I don’t buy the premise that our attention was diverted” by Iraq, Bush said. “I think it’s false. Matter of fact, I know it’s false. I was there.”
And while President Clinton mostly kept to his promise to “thwart” efforts to get 42 and 43 to tangle with each other, he offered an interesting insight into his thinking on gay rights.
On the issue of gay marriage — which Clinton, like President Obama, personally opposes — Clinton said of his position: “Frankly, it’s evolving” as he sees more committed gay couples raising kids.
As ABC political director David Chalian has pointed out, Clinton isn’t the only Democrat whose position on gay marriage is moving.
Clinton also expressed optimism that the military’s “don’t ask, don’t tell policy” — which he helped enact — will eventually come off the books, allowing gay members of the armed services to serve openly.
“I think that time will lead to a repeal of this ban,” Clinton said.
That’s one of many areas where the former presidents disagree. But mostly, this event was a lovefest.
Clinton heaped praise on Bush for his AIDS initiative and the diversity of his Cabinet. Bush urged Clinton not to be so hard on himself over Rwanda.
Bush welcomed the audience to “the Bill and George show.” Clinton teased that while the pair was facing expectations that they would “devour each other,” “we’ll do our best to thwart them.”
See Clinton Says His View On Gay Marriage Is “Evolving”
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Original source : http://gay_blog.blogspot.com/2009/05/clinton-says-…
New Prop. 8 court challenge brings former legal rivals together
The California Supreme Court failed to protect gay couples’ fundamental right to marry when it upheld Proposition 8, forcing same-sex couples to appeal to the federal courts to remedy the injustice, two prominent lawyers said today in announcing a lawsuit on behalf of two gay couples.
Former U.S. Solicitor General Theodore Olson, a renowned conservative, and David Boies, who opposed Olson in Bush v. Gore in the 2000 fight over the presidential election, cast their collaborative effort to restore the right of gays to marry in California as a moral imperative to correct an injustice. Their suit seeks an immediate injunction on Prop. 8′s ban, thereby allowing same-sex marriages to resume while the case makes its way through the federal court system.
But Olson’s role in the gay rights mission prompted much speculation about his motives. The former Bush administration official, who lost his wife in the Sept. 11 terror attacks, conceded that the federal courts might not be ready to recognize sexual orientation as a class in need of protection from discrimination, but he said he hoped “that people don’t suspect my motives,” vowing to demonstrate his commitment to equal rights by winning the challenge.
Boies vouched for Olson as “committed in heart and soul to equality and committed in heart and soul to the Constitution.” See New Prop. 8 court challenge brings former legal rivals together Los Angeles Times * Tags = gay men gay news lesbian news transgender bisexual
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Gay rights advocates rip suit to undo Prop. 8
Gay rights advocates Wednesday blasted two veteran attorneys for filing a federal lawsuit seeking to overturn Proposition 8, California’s voter-approved same-sex marriage ban, saying the move is premature and could be disastrous for the marriage movement.
While they knew of the objections, attorneys Theodore B. Olson and David Boies – who opposed each other during the 2000 Bush v. Gore presidential election case – filed the suit Friday in San Francisco on behalf of two same-sex couples who wanted to be married but were denied because of Prop. 8.
The suit claims the voter-approved measure, which the California Supreme Court affirmed Tuesday, denies same-sex couples the basic liberties and equal protection under the law guaranteed by the 14th Amendment. It asks for a preliminary injunction against Prop. 8 until the case is decided.
Olson said he filed the case not only on behalf of his clients, who include Berkeley residents Kris Perry and Sandy Stier, but on behalf of gay couples elsewhere who want to get married but can’t.
“We can’t tell them to wait, what, five years” for their state to approve same-sex marriage, he said, but acknowledged that it could take two years for his case to reach the U.S. Supreme Court.
While Olson shares the same end goal as same-sex marriage advocates, he doesn’t share their political strategy – to win states individually, with ballot initiatives or laws approved by state legislatures. Several same-sex marriage advocates intend to put the issue to voters in November 2010.
Olson thinks both strategies can work simultaneously. But many gay legal advocates are urging same-sex couples to avoid filing federal lawsuits because federal courts have not been as friendly to gay rights issues See * Gay rights advocates rip suit to undo Prop. 8 San Francisco Chronicle Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/gay-rights-ad…
Bush v. Gore Lawyers Joining Forces To Fight Proposition 8
A coalition of gay rights groups said Wednesday that a federal same-sex marriage lawsuit brought by two high-profile lawyers is premature and they’d rather work through state legislatures and voters to win wedding rights.
A day after the California Supreme Court upheld a voter-approved ban on gay marriage, the American Civil Liberties Union, Lambda Legal and other national organizations issued a statement saying they think the U.S. Supreme Court is not ready to rule in their favor on the issue. See Bush v. Gore Lawyers Joining Forces To Fight Proposition 8 * Tags = gay men gay news lesbian news transgender bisexual
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US Lawmakers Say Census Should Count Married Gay Couples
Gay U.S. representatives Tammy Baldwin of Wisconsin, Barney Frank of Massachusetts, and Jared Polis of Colorado along with 48 other congressional members sent a letter to Office of Management and Budget director Peter Orszag asking that the 2010 Census count same-sex married couples rather than altering their status.
Last year, the Bush administration — citing the Defense of Marriage Act, which prohibits the federal government from recognizing same-sex unions — announced that lawfully married same-sex couples who marked “married” on their census forms would have their status changed to “unmarried partners” in the final count. Now, congressional members are calling on Orszag to reverse course.
“We are deeply concerned about the implications of this policy for same-sex couples and for the integrity of the Census as a whole and firmly believe the [Census] Bureau’s primary objective should be to collect data and report it, not collect data and alter it,” the members said in their letter. See US Lawmakers Say Census Should Count Married Gay Couples
Advocate.com * Tags = gay men gay news lesbian news transgender bisexual
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WATCH: “Daily Show” Takes On Army, White House Over Gay Translator’s Firing
A storm is brewing over President Obama’s refusal to intercede on the behalf of Dan Choi, an Arabic translator and lieutenant in the U.S. Army who was just dismissed for being gay. Choi went on the “Rachel Maddow Show” last week and said he intends “to fight it tooth and nail,” and that this kind of behavior “weakens the military.” 54 Arabic translators (and hundreds more servicemen) have been dismissed from the Army due to their sexuality.
Jon Stewart excoriated President Bush for his policies and President Obama for flip-flopping on the issue, saying:
“So it was okay to waterboard a guy 80 times but God forbid the guy who could understand what that prick was saying has a boyfriend? Waterboarding may make a prisoner talk, but it ain’t gonna make him talk English.”
He then introduced the following segment on the issue, in which John Oliver supported the Army’s choice with the “he’s gay” defense. He eventually screamed at Stewart saying, “I will not let you Cramer me.” See WATCH: “Daily Show” Takes On Army, White House Over Gay Translator’s Firing
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Original source : http://gay_blog.blogspot.com/2009/05/watch-daily-s…
