(AP Photo/Charles Dharapak)
Like a War cursed with numerous battles and hard to define victories the march for Gay Rights in America continues in state houses, courts, and now in the U.S. House of Representatives. Yesterday Democratic representatives Jerold Nadler of New York, Tammy Newman of Wisconsin, and Jared Polis of Colorado introduced the Respect for Marriage Act in an effort to repeal the Defense of Marriage Act. The Defense of Marriage Act (or DOMA) signed into law in 1996 bars same sex couples from receiving federal marriage benefits, allows states to not recognize a same sex marriage performed in another state, and defines marriage as between a man and a woman.
The very fact that Rep. Nadler and company are willing to push this bill at a time when not even Rep. Barney Frank, the House's most outspoken homosexual believes it can pass shows true courage. Sadly while many on the left seem to have no trouble marching in Pride Parades and speaking loudly against DOMA, a dark, onerous bit of legislative gay bashing, they quickly loose their voice in the halls of power where actual laws are written rendering the Democrats large majority in the house irrelevant.
President Obama is a prime example of a politician loud on the stump and quiet on the hill. Railing against DOMA on the campaign trail and then allowing his Justice Department to author a controversial brief in June designed to defend DOMA. A brief written by both a holdover Bush appointee and new Obama appointees that sought to throw out the case of Arthur Smelt and Chris Hammer, a same sex couple suing to repeal DOMA due to its violation of the constitution. The brief also went on to indirectly compare same sex marriage to incest and pedophilia while also contending that DOMA did not "discriminate against gays for federal benefits". A rancid lie that glosses over part 3 of the law which specifically bars federal benefits to same sex couples, including benefits tied to taxation, social security, and immigration. Even now, months later as the harshness of the brief has been slightly walked back the administration continues to stand behind its stance on DOMA recently winning a dismissal in the Smelt case. A decision based primarily on the fact that the Defendant had not as of yet been adversely affected by the law in that they had not yet applied for federal benefits nor sought a residence outside of California. A ridiculous conclusion that while backed by precedence gives no credence to inevitability nor to the actual direction of the constitution with regard to equal protection under the law.
For the sake of repentance and so much more the Obama administration should rush to stand beside more then 90 Democratic legislators, former President Bill Clinton (who signed DOMA into law) and former Rep. Bob Barr (who authored DOMA). Working in anyway he can to passionately advocate the passage of this bill and the legalization of same sex marriage in the name of equality with little regard for the political fallout that could come. In much the same way that President's Kennedy and Johnson stood up for Civil rights, this President must stand up for Gay rights, because it is right, because it is fair.
Because the very hindrance of same sex couples in their effort to get married, the very effort to dis-allow them the same benefits so many heterosexuals take for granted portrays us as a nation of zealots. Cold and indifferent to the fact that our laws block the consensual, and harmless actions of free men and women, halting love and crushing hope for the sake of de-ruffled feathers and delicate sensibilities. But more then that institutionalized bigotry leaves a mark against our national souls and contradicts our heritage as a free and secular nation.
Comments