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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums"Obama's legal, policy & personal views are not in any way contradictory and present a clear path
forward toward the advancement of marriage equality across the country."An explanation for why that Gawker piece is WRONG.
Posted by Chris Geidner |
May 9, 2012 7:05 PM | Permalink
Much is being made -- from Gawker to Mother Jones -- of President Obama's statement today that he believes marriage is a state issue.
Specifically, both pieces point to the line in the ABC News article about the interview: "The president stressed that this is a personal position, and that he still supports the concept of states deciding the issue on their own."
As happened this past June when Obama spoke about marriage in New York, his comments tend to be read outside of the context of other actions being taken by the administration.
The context, however, turns the critical analysis on its head.
On Feb. 23, 2011, the Obama administration -- through a letter written by Attorney General Eric Holder -- announced that Obama and Holder had reached a decision that Section 3 of the Defense of Marriage Act was unconstitutional.
-snip-
It is here where Obama's enunciated policy position -- today and this past June -- crosses the path of the legal pursuits of the administration.
If the administration were still defending DOMA and had taken no position on the level of scrutiny to be applied to sexual orientation classifications, then Obama's statement might mean that his view is that states have unfettered rights to legislate as they they wish on marriage.
But, that is not the circumstances in which he makes these comments. Instead, Obama's position now is three-fold: (1) he personally supports same-sex marriage; (2) he believes as a policy matter that state, and not federal, law should define marriages, as it always has been in this country; and (3) he believes that there are federal constitutional limitations on those state decisions.
-snip-
As the lawyers then wrote, "The conclusion of the United States that heightened scrutiny applies to classifications based on sexual orientation is unquestionably correct. Proposition 8 cannot survive the requirements of heightened scrutiny because its invidious discrimination against gay men and lesbians could not conceivably further an important government interest."
As that brief -- filed by Ted Olson, David Boies and the other lawyers representing those plaintiffs -- makes clear, Obama's legal, policy and personal views are not in any way contradictory and present a clear path forward toward the advancement of marriage equality across the country.
http://www.metroweekly.com/poliglot/2012/05/news-analysis-obamas-marriage-equality-support-is.html
Ian David
(69,059 posts)Pirate Smile
(27,617 posts)DevonRex
(22,541 posts)One must be able to think like a damned good constitutional attorney to think that through and present that case - just like Olson and Boies and the others did. It has been there to see since early 2011 with the announcement on DOMA.
ProSense
(116,464 posts)puzzling that people seemed to be pissed off that the leader of the free world came out in support of marriage equality. Think about it, he did it. He did the thing that so many dared him to do, claimed he was to coward to do, and insisted he was too politically opportunistic to do. He did it.
He did it, and took away a key issue that they've been using to bash him over the head.
There are Libertarian candidates running around claiming to support marriage equality as a states rights issue, even some who claim it's an issue that should be left to the church. They want to have it both ways: free from Federal Government interference, but free to discriminate.
The President's statement eclipsed that ambiguity, and they hate that.
It's a bizarre thing to watch the few who are twisting in the wind to change the historic fact that for the first time ever, a sitting U.S. President (http://www.democraticunderground.com/1002666708) stated his support for marriage equality.
AFERs Ted Olson Supports Obamas Same-Sex Marriage Endorsement
http://www.democraticunderground.com/1002665147
This is a moment for celebration, not animosity.
Pirate Smile
(27,617 posts)DevonRex
(22,541 posts)And if they tried they probably fell asleep. It's to your credit that you posted this so they can read the important bits because that is SO important.
Most truly don't get it that saying that the Fed govt has a role to play and saying that Sec 3 is unconstitutional is the absolute KEY to the whole thing. Now they do. What Obama did is what got Pro 8 overturned to begin with. Maybe they'll understand that now, too.
dionysus
(26,467 posts)Liberal_Stalwart71
(20,450 posts)the president to "come out" in favor of marriage equality.
Today, he "comes out," and now they STILL complain!
I give up!!
hifiguy
(33,688 posts)there are some who will complain if they are hanged with a new rope.
progressoid
(49,969 posts)He came out in favor as a person. As President, he deferred to the states.
So he should get props for his personal revelation.
Pirate Smile
(27,617 posts)progressoid
(49,969 posts)ProSense
(116,464 posts)He came out in favor as a person. As President, he deferred to the states.
So he should get props for his personal revelation.
Before, his positions on Prop 8, DOMA and other initiatives were labeled insincere because of his "personal" position. He needed to "evolve." Now that he has reconciled his personal position with his actions, it's half way, and he needs to "evolve" some more.
That's not moving the goal post. That's mangling it beyond recognition.
progressoid
(49,969 posts)His personal position has evolved. And deserves major kudos for doing so. No other president has made such a statement.
But apparently there won't be any actions by the administration. And at this time (election season), I wouldn't expect them to do anything. It wouldn't be prudent.
There hasn't been any moving of the goal posts. The administration isn't even on the ball field yet. But it is a good sign that the quarterback is signalling he's ready to play ball. Maybe next season.
ProSense
(116,464 posts)There hasn't been any moving of the goal posts. The administration isn't even on the ball field yet. But it is a good sign that the quarterback is signalling he's ready to play ball. Maybe next season.
Where is the "ball field" and who is on it?
Tarheel_Dem
(31,229 posts)dashed the hopes of the Libertarians, Americans Elect, the Greens, and the Justice Party in one fell swoop, and they ain't happy. They had so much invested in this particular whipping stick, and he took it away. I'm proud of him.
progressoid
(49,969 posts)I'll tell my friends that their "union" has now been codified in one fell swoop. All it took was a simple statement to give them the rights they have been fighting for.
Done and done.
Tarheel_Dem
(31,229 posts)don't take you seriously. Coupled with the fact that you unilaterally crowned Jane Hamsher, "a liberal icon". Where was the ceremony held? Was it a private catered affair?
Keep your promises!
progressoid
(49,969 posts)would be the United States and we're playing for the civil rights of all Americans. Not just the ones in New York, Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire.
Like I said, I'm glad he's ready to play ball. It's a gutsy move and a wonderful gesture. Sadly, we have a long way to go. DOMA is still the law of the land.