White House Sets Record Straight on Gay Ban
SANTA BARBARA, Calif — The following was released today by the Michael D. Palm Center:
Asked today if the White House would consider halting gay discharges by presidential authority, press secretary Robert Gibbs said it would not stop the firing of gay troops. That said, Gibbs insisted that the President believes that the “don’t ask, don’t tell” policy “isn’t working for our national interests” and that he “will work with the Joints Chiefs of Staff, the administration and with Congress” to change the policy.
In recent weeks, the President’s national security team has sent mixed messages. Defense Secretary Robert Gates spoke of what action would occur “if” the policy were repealed, suggesting it may not be; and national security advisor James Jones said this weekend he was not sure if the ban would be lifted.
Scholars said that Gibbs’ comments today indicate new leadership from the White House in reassuring the public that “don’t ask, don’t tell” will be repealed. Nathaniel Frank, senior research fellow at the Palm Center, said that “today’s remarks appear to send a signal to any member of the administration who questions the President’s resolve.”
At the same time, Gibbs’ statement raised questions by gay rights experts about why President Obama, who continues to say he wants the ban terminated, would preside over ongoing discharges when he has authority to end them by executive order. The Palm Center yesterday released a report by a team of scholars and legal experts showing that the president has statutory authority to halt discharges immediately.
Richard Socarides, who worked in the Clinton administration as special assistant to the president on LGBT issues, said that the current president should exercise the short-term options he has to end the ban. “I have long supported and advocated a moratorium on further discharges,” he said today, “and I think it’s well within the president’s discretionary authority to do that immediately.” Socarides said an executive order halting discharges would be consistent with Obama’s stated belief that the policy should end.
The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.
Website: http://www.palmcenter.ucsb.edu
Website: http://www.palmcenter.org
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Original source : http://gay_blog.blogspot.com/2009/05/white-house-s…
Proposition 8 backers attack Brown’s efforts to keep gay marriage
Proponents of a constitutional ban on same-sex marriage filed legal briefs today urging the California Supreme Court to reject the novel legal argument put forth last month by state Atty. Gen. Jerry Brown and to preserve Proposition 8, the gay marriage ban approved by voters in November.
“The people have the final word on what the California Constitution says,” lawyers wrote. “The practical result of the Attorney General’s theory is that the people can never amend the Constitution to overrule judicial interpretations of inalienable rights.”
The legal filing comes in response to a brief two weeks ago from the attorney general in which he surprised legal experts by putting forth an unusual theory to argue that Proposition 8 should be invalidated, saying that the measure undermines fundamental liberties guaranteed by the Constitution.
His theory surprised experts because he had pledged to argue in favor of Proposition 8 — as the attorney general, it is his job to defend the state’s laws. But it also advanced an unorthodox interpretation of the Constitution.
See Proposition 8 backers attack Brown’s efforts to keep gay marriage
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Original source : http://gay_blog.blogspot.com/2009/01/proposition-8…
Iowa high court to hear gay-marriage case
ES MOINES — The Iowa Supreme Court will hear oral arguments Tuesday in a pivotal same-sex marriage case that could echo throughout the nation and be far more difficult to challenge at the ballot box than a high-profile ruling in California, legal experts say.
The lawsuit, filed by six same-sex Iowa couples, pits gay rights supporters against those who argue that gay marriage threatens traditional family values.
The case, Varnum v. Brien, could make Iowa the first state in the Midwest to legalize gay marriage, says University of Iowa law professor Angela Onwuachi-Willig. Other high-court decisions favorable to gay rights advocates have come from traditionally liberal, coastal states: California, Massachusetts and Connecticut.
The hearing comes little more than a month after California voters approved Proposition 8, a measure that limited marriage to a man and woman in the state constitution.
See Iowa high court to hear gay-marriage case
USA Today
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Original source : http://gay_blog.blogspot.com/2008/12/iowa-high-cou…
