Culhane: Obama’s LGBT report card
At a recent fund-raiser for Senator Barbara Boxer, Obama was heckled [1] on the military’s “Don’t Ask, Don’t Tell” policy, and some think this isn’t such a bad thing. Even though Boxer is one of our biggest supporters, the protesters’ sentiment captures a frustration many in the LGBT community feel over Obama’s record on our issues.
But is the frustration justified? How, more than a full year into his Administration, should our community grade the President on his performance so far? Speaking from my legal perspective, I’d give him a passing grade (B-, maybe).
This may seem startling to some that I would pass him at all, because very little of the legislation he promised has been enacted. From a candidate who courted the LGBT community on issues ranging from DADT, to the Employment Non-Discrimination Act, to the repeal of the Defense of Marriage Act, we’ve gotten nothing on those issues to date. ENDA may not have the votes in the Senate to pass DADT repeal seems like a moving target, and DOMA’s not even on the radar screen.
We have only hate crimes law, hardly a major victory. Worse, Obama has spent little of his political capital pushing for any of these goals.
So why the B-? It sounds like a “D” would be more appropriate.
But this overlooks the limits of Presidential power to enact legislation. It’s obvious but easy to forget that the President has no power to actually pass any laws. True, Presidents do suggest legislation that they want to see enacted, but they have only the “bully pulpit” of office to make anything happen. And one thing we’ve learned about Obama is that he’s reluctant to use that pulpit to talk directly to the people in support of his agenda. His passionate advocacy for the health care reform bill is the exception that proves the rule.
Of course, Obama could and should use the fact that his party substantially controls both houses of Congress to urge action on these bills, but given the way the filibuster has metastasized into an every-vote thing, he needs all of the Democrats and now at least one Republican for anything to clear the paralyzed Senate. So what can or should he do?
Let me quickly dispel any suggestion that I’m giving the President a pass on any of this. He could and should be trying to do more, especially on DADT where the Administration’s public pronouncements have been harder to chart than the course of a mosquito.
Saying in response to hecklers that he supports the policy’s repeal just won’t cut it any more. And the protesters deserve our gratitude for calling Obama on what Andrew Sullivan has called “the fierce urgency of whenever.” [2]
Yet legislative inaction isn’t the whole story. We should look at what Obama is doing in areas where he can effect change without Congress. Here I’m talking about the vast body of law – including administrative matters and the interpretation and enforcement of legislation – that’s under the control of the Executive Branch. And here, with at least one glaring exception, he’s done much better.
Let’s start with the exception: In defending DOMA against a lawsuit last year, Obama’s Department of Justice wrote a needlessly offensive brief [3] that, as I wrote at the time, “seemed to have been intended to set the course of judicial progress on gay rights back many years.” I was hardly the only blogger to go ballistic over the brief, and then…things got better. A later brief in the case expressly disavowed the argument that children did better in homes headed by opposite-sex parents [4] than in our homes.
Then there was another encouraging performance by the DOJ in a recent bullying case. [5] The Administration took an aggressive and unsettled legal position, arguing that Title IX (the federal law that protects against gender discrimination in education) also covers discrimination based on gender stereotyping.
From the administrative law standpoint, there have been a few other encouraging moves: putting into place long-awaited rules that lifted the HIV immigration restriction; the very recent directive to the Department of Health and Human Services to honor hospital patients’ visitation wishes (in a memorandum that expressly cited the problems of gay and lesbian couples); a memorandum that extended some limited benefits to the same-sex partners of federal employees; and the recent announcement that DADT will now be enforced more “humanely.” None of these actions require acts of Congress, and Obama has at times stepped smartly into this breach.
Should any of us be satisfied if Obama’s (first? only?) term ends with a few more administrative moves, but no additional legislation? No. He has to deliver what he promised, whatever the obstacles. We have to demand results. Above, I gave him a passing (probably inflated) grade on his performance so far.
But the more precise assessment is: ”Incomplete.”
John Culhane is Professor of Law and Director of the Health Law Institute at Widener University School of Law in Wilmington, Delaware. He blogs about the role of law in everyday life, and about a bunch of other things (LGBT rights, public health, biology, sports, pop culture, philosophy and lots of personal stuff) at http://wordinedgewise.org [6]A fuller bio is here [7]. Starting next Tuesday, he will be blogging the week-long Equality Forum [8] from Philadelphia.
[1] http://www.365gay.com/blog/withers-protestors-interrupt-obama-at-fundraiser/
[2] http://andrewsullivan.theatlantic.com/the_daily_dish/2009/05/the-fierce-urgency-of-whenever.html
[3] http://wordinedgewise.org/?p=128
[4] http://wordinedgewise.org/?p=300
[5] http://www.365gay.com/news/culhane-how-to-stop-gay-bullying/
[6] http://wordinedgewise.org/
[7] http://law.widener.edu/Academics/Faculty/ProfilesDe/CulhaneJohnG.aspx
[8] http://equalityforum.com/
Thousands protest marriage in Portugal
Protesters want the president to veto same-sex marriage and a ballot measure banning it.
Few protesters show at Sundance for Prop. 8 movie
(Park City, Utah) Despite rumored anti-gay protests, a Sundance Film Festival documentary about the Mormon church’s role in a 2008 California political battle over gay marriage played to a friendly audience on Sunday in Park City.
Only about two dozen gay marriage activists chanted – “Separate, church from 8″ – in …
Court nixes $5M verdict against Phelps
(Richmond, Va.) A federal appeals court on Thursday tossed out a $5 million verdict against protesters who carried signs with inflammatory messages like “Thank God for dead soldiers” outside the Maryland funeral of a U.S. Marine killed in Iraq.
A three-judge panel of the 4th U.S. Circuit Court of Appeals said …
Israelis rally after 2 murdered at gay center
(Tel Aviv, Israel) Reeling from the worst attack ever aimed at homosexuals in Israel, members of the country’s gay community and their supporters rallied Sunday in the heart of Tel Aviv a day after a masked gunman killed two people at a center for gay youth and escaped.
As protesters with …
Gay incident reopens Salt Lake City’s Main Street plaza wounds
It’s the wound that won’t heal. The rift that won’t close. And earlier this month, two gay lovers’ purportedly innocuous late-night kiss — though LDS Church officials insist it was far more amorous than that — ripped it wide open. Utah’s simmering religious divide boiled over — once again — at the geographical and philosophical intersection of church and state: the Main Street Plaza in downtown Salt Lake City. “It is a scab that will continue to be peeled away — and may never heal,” says Dani Eyer, the former ACLU director who fought to preserve First Amendment rights on the plaza. Matt Aune and Derek Jones say they held hands, kissed and then squabbled with security guards on the LDS Church-owned square. Salt Lake City police issued a ticket for trespassing. In protest, supporters of the couple staged a “kiss-in” last Sunday outside the plaza and plan another such demonstration today. The LDS Church — a faith to which 60 percent of Utahns belong — defended its right to regulate “inappropriate behavior” on the plaza. “What we’re seeing now is a manifestation of what should have been obvious from the very beginning,” says former Salt Lake City Mayor Rocky Anderson. “This block of Main Street never should have been conveyed to the LDS Church. It was a recipe for ongoing resentments between the LDS Church and those who are not members.” The church bought the strip of Main — from North Temple to South Temple — in 1999 after then-Mayor Deedee Corradini and the City Council, with the only two non-LDS members dissenting, signed off on the $8.1 million deal. But the controversy burned for five more years as federal courts were asked to settle the prickly issue of whether the church could govern expression on the plaza and whether the city could retain a public right of way (as outlined in the original deal). “It was meant to be for everybody,” Eyer says. “Where people come and go their constitutional rights go with them.” After a 10th U.S. Circuit Court of Appeals ruling in 2002, First Amendment activities returned to the plaza. But demonstrations by anti-Mormon protesters — including cries of “whore” and “harlot” hurled at newlywed brides — “sustained divisions” that “reached to the point of hatred” between Mormons and non-Mormons, Anderson says. In the end, he agreed to trade the public easement for cash and LDS land to build a west-side community center.
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For Gay Iranian Refugees, a Matter of Life or Death
NOTE: This is the second of two parts, the first, on the election revolt, was on EDGE in June.
The international media clamor surrounding last month’s Iranian election, which saw the contentious re-election of Mahmoud Ahmadinejad result in weeks of protests, demonstrations and violence, may have died down, but the unstable atmosphere lives on for residents of the Islamic republic.
They continue to face major restrictions on free speech and threats to their safety if they choose to speak out. And they will not soon forget the street violence that resulted in the death, imprisonment and harassment of many protesters, activists and journalists–all part of the worst unrest the country has seen in thirty years.
This is particularly true for gay and lesbian Iranians, both those who remain inside the country and those who have escaped. They are familiar with oppressive treatment from their government, one which continues to outlaw homosexuality and crack down against any outward display of queerness. The first story (published here June 30, 2009,) examined the environment facing the Iranian queer community, particularly in light of the government’s attempts to silence any post-election voices of dissent.
Building from that story, we now take a look at the climate facing queer Iranians who have fled the country with the hopes of seeking asylum in the West. Forced, in many cases, to leave behind their families, friends and the culture of their blood, their dreams of living in freedom still face a number of challenges.
When gay Iranian refugees and asylum seekers leave, they are sent to live temporarily to a number of a different places, though most end up in small Turkish towns known as “satellite cities,” far from the larger cities like Ankara or Istanbul. They file a request to be granted official refugee status with the United Nations High Commissioner for Refugees (UNHCR), in order to legally move West, and then they wait. In many cases, that waiting period can last up to three years, a time during which employment is difficult to find and harassment is not unusual.
See For Gay Iranian Refugees, a Matter of Life or Death
EDGE Boston
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Rep. Sally Kern says ‘debauched’ gay marriage caused bad economy
Rep. Sally Kern of Oklahoma, who has called being gay a “deadly lifestyle”, has released what she calls a “Proclamation for Morality”, which reads more like a manifesto against homosexuality. Kern, who apparently is unfamiliar with the fact that the United States was founded on the principle of separation of church and State, consistently uses religion as a basis for her arguments.
The New Civil Rights Movement published Kern’s “proclamation”, in which she says gay marriage is a form of “debauchery” like “abortion, pornography, sex trafficking, divorce, illegitimate births, and child abuse.” She blames the bad state of the economy on this so-called “debauchery”:
“WHEREAS, we believe our economic woes are consequences of our greater national
moral crisis; and
WHEREAS, this nation has become a world leader in promoting abortion,
pornography, same sex marriage, sex trafficking, divorce, illegitimate births, child abuse, and
many other forms of debauchery; and
WHEREAS, alarmed that the Government of the United States of America is forsaking
the rich Christian heritage upon which this nation was built; and
WHEREAS, grieved that the Office of the president of these United States has refused
to uphold the long held tradition of past presidents in giving recognition to our National Day of
Prayer; and
WHEREAS, deeply disturbed that the Office of the president of these United States
disregards the biblical admonitions to live clean and pure lives by proclaiming an entire month to
an immoral behavior”
Tulsa World called the reading and signing of Kern’s proclamation “circus-like”. About 200 supporters stood with her inside the State Capitol gathering signatures, while Kern was repeatedly interrupted by protesters.
See Rep. Sally Kern says ‘debauched’ gay marriage caused bad economy …
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Bitter loser Harry Jackson files lawsuit to force referendum against gay marriage in DC
See Harry Jackson, a Beltsville, MD preacher who is trying desperately to gain national recognition by forcing the District of Columbia’s residents to vote on the issue of same-sex marriage, and has reportedly turned to the courts to force the DCBOEE to approve his anti-gay marriage voter referendum. Based on Jackson’s repeated racially-tinged statements, he appears to believe that, because Washington is a majority African-American city, there are religiously- and culturally-based motivations for the city’s black residents to vote en masse for his socially conservative agenda. He and the pastors who speak in unity at his side have an unyielding argument that gay activists are hijacking the Civil Rights movement in an attempt to pit the interests of black community members and gay community members against one another — ignoring the obvious crossover or support that exists between them.
The DC City Council has already rebuffed Jackson and his so-called “army” of bible-waving protesters by voting twice in favor of recognizing gay and lesbian marriages that have been performed legally in other jurisdictions. The Board of Elections and Ethics also determined that that the intentions of Jackson’s referendum would not be in-line with existing ordinances. Reports indicate that Jackson and his wife, Vivian, are Maryland homeowners, but if Jackson is a legitimate tax-paying resident of DC, he has only been so for a extremely short period of time, and is possibly the roommate of another man. (No word yet on where his preacher wife is living officially.) Jackson seemed to indicate on a recent plea to Fox News, that he was the victim of computer hackers who obtained his personal residential information. His group of conservative preachers in April complained about unelected, activist judges approving of homosexual marriages, so it’s rather ironic that he is turning to the judges now to help him regain footing against the determinations made by DC elected officials and the board of elections. (Washington Post)
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Cracks in the System: Iran There and Gay Rights Here
Originally published on June 18, 2009 by Yo Mama For Obama
This post will be a continuation of my last one, dealing with the people’s insurgency in Iran and the fight for equal rights here in America.
- yomamaforobama’s diary :: ::
No surprise: it is being reported that Ayatollah Khamenei’s rival Mullah, Rafsanjani, will be supporting the massive protest in Iran today. Quite frankly, this election dispute is a contest, a personal power struggle, between the two Ayatollahs. Whether we have Ahmadinejad or Mousavi as figurehead Presidents is almost immaterial. Their ideology and politics are essentially the same, although Ahmadinejad’s incendiary fervor is definitely off the deep end. Their underlying beliefs, both national and international, are identical. It is the Mullahs who rule Iran. The people’s protests must move from election fraud to throwing out the corrupt clerics who rule Iran.
Dan Rather was on MSNBC yesterday, and he was not very optimistic about the outcome of this Iran uprising. He said that similar to this uprising, the Czech revolt of 1956, the Chinese attempt at protest in Tiananmen Square in 1989 and the attempted battle for freedom in Burma in 2007 were all crushed by their respective governments. Included in these assaults on the protesters were serious, and successful, attempts to quash any media reports of the protests plus the government’s retaliatory responses. True: in 1956, we did not have the internet, cell phones or Twitter. Basically the same holds true for 1989. Nonetheless, the media were thrown out of those countries and thus any reports of the events were not forthcoming. So is Iran trying to play that same game today. Not only have reporters been warned off covering the disputed elections, but Iran has cut off most access to the internet and cell phones. But long live Twitter: they can not shut off that service. Not yet. Our very own State Department has requested, and been granted, that Twitter defer their shutdown for maintenance scheduled for this week so that the world can have some access to the events in Iran. As Hillary Clinton said recently, and I paraphrase, “I don’t know a Twitter from a Tweeter, but Twitter has been a window to the world as to what is going on in Iran.” In the New York Times today, Op-Ed contributor, Nicholas Kristof equates “tweets” as the bullets of modern warfare.
See Cracks in the System: Iran There and Gay Rights Here
Daily Kos
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