1. NickC says

    Amazing that Bush’s super-conservative solicitor general, Ted Olsen, has emerged as a true advocate for equal rights, while Obama stabs his gay supporters in the back.

    Gay people working for this administration should be ashamed.

  2. Tim says

    sigh, can’t say i’m really surprised. I will be kind of interested in what he says when he’s going for re-election, “give me your money or I’ll REALLY fuck you over”??

  3. Wes says

    if we stop paying taxes, they send us to jail. otherwise I would have stopped a long time ago.

    what a peice of shit obama is turning out to be. he’s gonna have to do something significant if he wants my vote again, because at this point I’m over him. this is the last straw

  4. psgoodguy says

    obama didn’t have to lift a finger to get his civil rights and ‘fierce advocate’ won’t lift one to help us. we’re on our own, kids. why he’s chosen to make a political enemy out of us is beyond me.

  5. henry says

    Where are all the gay Democrats by Default today? I hope they are questioning their blind support of this party.

    I’m no Republican, not even Libertarian, but I don’t think I can call myself a member of the Democratic Party and look myself in the mirror any longer.

  6. Derrick from Philly says

    Why keep my mouth shut here?

    The analysis on Ameriblog was painful to read. This is the first act of President Obama and his administration that disturbs and disappoints me.

    WTF will supporting/defending DOMA get him? I can’t even see the political advantageousness here. Even if you’re not an advocate of marriage equality, why support some stupid congressional act based mainly on bigotry and hatred of gay people?

    Well, here’s one time when I hope he back tracks/flipflops…whatever. Yes, this fierce Obama supporter is very disappointed…for right now.

  7. mikeyj says

    Looks like the Obama administration is shaping up to be a disaster for the LGBT community. Reactionary is a word that comes to mind. I keep telling everybody that Sotomayor is a “stealth conservative” and, if confirmed, will be that elusive fifth vote on the SC to overturn Roe v Wade, amongst many roll-backs in privacy rights and civil rights that will surely come with her on the Court. I am very, very disappointed with President Obama.

  8. Brian in Texas says

    The Department of Justice works independent of the White House. Yes, the president appoints the attorney general who serves in his cabinet so the A.G. will typically have the same political ideology, but that’s it. The justice department is not politicized.

    DOMA is the law. Judges and attorneys don’t make the laws. They have to act within the law. The only way DOMA can be fully repealed is by an act of Congress. So call your local congressman and stop bitching.

    If Obama was an all powerful king he would have repealed DOMA, DADT, and allowed for marriage equality federally; but he isn’t, he has to work within the political system that is in place.

    If he leaves office and hasn’t pushed for the repeal of DOMA, DADT, and civil unions at the very least then you can say he broke his campaign promises and said what he needed to say to get elected.

  9. J.Lowrot says

    Rather than just opining (like I imagine some commenters did) I actually took the time to read the brief. It fairly and accurately argues the levels of constitutional protections afforded to gays under current Supreme Court cases. Sad but true, the Court is lagging behind public opinion and a substantial minority of states.

    Maybe the Obama DOJ didn’t have to defend the law, but it is HIGHLY unusual for the DOJ to NOT defend a validly enacted statute. At any rate, how would our interests be furthered by taking this case to the Supreme Court and getting a majority decision authored by Scalia that would drip with hatred?

    Read the sections on standing and subject matter jurisdiction, too. The court will dismiss this case on those procedural/jurisdictional issues and not even get to the merits.

  10. bobbyjoe says

    J. Lowrot– So why didn’t the DOJ just challenge the case on issues like standing, where there’s more than enough ammunition to keep the case out of the Supreme Court, without throwing in all this gratuitous garbage, like invoking incest cases? That’s pretty much John Aravosis’ point over on Americablog; that it would have been fairly easy for the DOJ to get this case thrown out without resorting to dredging up all sorts of the offensive comparisons and claims that appear here. Simply offering a defense that “the administration had to defend the law” isn’t responding to the specific criticism. It’s not simply a question of IF they had to defend it, it’s HOW they chose to go about doing so.

  11. Derrick from Philly says

    Thanks, Brian and J. for explaining how this works. But does an administration (Justice Dept.) have to argue the merits of a law that is bad–that they don’t support? Yes, Congress passed DOMA, but can’t a President and his Attorney General say, “we aint gonna’ put much effort into defending this one because it’s bad?”

  12. jmg says

    The answer to that, Derrick, is yes. Americablog has a detailed analysis of past presidents’ not putting any effort into supporting a law which they did not believe in.

  13. Wes says

    Yea I mean this reads like a passionate defense of DOMA, citing incest and pedophilia, financial incentives, etc. Not like a “oh its standing law” kind of thing.

    The more I think about it the more upset I feel about it.

    I will think carefully as to how and where to channel this outrage.

    Obama better start fighting to keep the gays on his side, or he will lose us fast.

  14. Obama Mamma says

    Good lord this site is partisan. You can’t even mention OBAMA in the headline, but instead hide behind DOJ. If this were happening on Bush’s watch, I think we know how your headline would read. No?

  15. Godfrey says

    Thank you for injecting common sense and legal logic into to this discussion!

    We might not like what is happening, but this present situation is a culmination of our laziness, Clinton’s wasted presidency, and Bush’s idiocy.

    Don’t blame it on Obama-he has his hands full at the moment. Yes, yes, he should step-up and say something, but maybe his silence is telling of our own failures!

  16. Wes says

    Well “Obama Mamma”, technically it was the DOJ, and not Obama himself.

    However, if you read the post, or the links it refers to, or any of the comments here, you would probably sense a widespread disappointment and disgust with Obama over this.

    If Obama ever gets the balls to actually do or say something about this himself, I’m sure the post will indicate as such. However, until then I think your accusation is unfounded.

  17. Godfrey says


    Yes, this site is partisan. What do you think in your infinite wisdom the republicans and their bible-banging nutcase voters would do for us?

    Get a clue!

  18. Roy says

    It’s time to quit being surprised that Obama has decided we are his very useful Sistah Souljah. Betraying gays (essentially lying to us before the election) is a very cheap price to pay for a decent return. The only votes he loses are ours. He stands to gain by looking tough on the fags to the right wing and looking traditional and religious to the African-American demo. We’re toast.

  19. Wes says

    “We might not like what is happening, but this present situation is a culmination of our laziness, Clinton’s wasted presidency, and Bush’s idiocy.”

    Love it. Nowhere in there can Obama hold any responsiblity. Its all Clinton/Bush/us (all of whom are quite imperfect but nonetheless do not absolve Obama from his due share).

    “Don’t blame it on Obama-he has his hands full at the moment. Yes, yes, he should step-up and say something, but maybe his silence is telling of our own failures!”

    Yea we just haven’t been trying hard enough. Don’t blame the president for being a douche whose DOJ compares us to incest and pedophilia, argues for the winning financial incentives of DOMA, contends its not actually anti-gay at all, pretty much couldn’t GIVE A FUCK about DADT, and laughs us off whenever we actually try confronting him with some actual activism.

    But no, lets not be unfair. He’s got a lot on his plate right now, after all. We can’t expect him to NOT stab us in the back when he’s soooo busy with actually important stuff, like anything and everything but giving even a little baby rabbit shit about us.

  20. J.Lowrot says

    To call them “incest” cases is a bit strong. States have taken different approaches on whether to recognize marriages between first cousins, for example. New York will not permit first cousins to marry but will recognize those marriages from states that perform them. Other states do not.

    Usually the term used in law is “consanguinity” to reference the degree of permitted relationship.

    There is no constitutional right to marry your first cousin, so there is no consitutional prohibition on one state not recognizing a first cousin marriage from another state.

    By analogy, if sexual orientation does not receive heightened scrutiny under the Equal Protection Clause, then same-sex marriages are more like marriages among relatives, than interracial marriages.

  21. says

    Given current rulings by federal courts, this absolutely is the response one would expect from the AG’s office. No federal court has ever held that gays and lesbians are a suspect class. Until that time, rational scrutiny standards apply, and like it or not, DOMA would withstand rational scrutiny based on these crappy arguments.

    This is in response to the Hammer/Smelt lawsuit, which is a poorly constructed lawsuit that vindictively seeks to overturn state laws, constitutions, and DOMA.

    Obama promised to REPEAL DOMA, and I think he meant at a legislative level. While DOMA is still law, I have no doubt his AG’s will continue to defend it, as they should. If DOMA goes down due to litigation, it’s best that it do so with a strong defense from the AG.

    Gays and Lesbians are in this for the long haul, we better develop a thicker skin.

  22. says

    Pretty sickening, and like many others I too wish Obama would step in and be a fierce advocate. I hope none of this rhetoric becomes part of any official judgment, because it’s hideous.

    And here’s one more example of why we should avoid like the plague the term “same-sex marriage” — it allows them to make the arguments that it is something totally new and different from “traditional marriage,” so why should they recognize it at the federal level? It’s not really marriage. It’s something new, and we can’t afford to subsidize something new right now.

    The arguments in the brief are truly nausea-inducing.

  23. says

    This is a bare-faced declaration of war upon the gay community from the newly anointed leader of the North American Anti-Gay Movement — Barack Obama.

    There can be no apology or scrutiny of alleged motives. This cannot be undone. Obama’s bigotry is apparent for the entire world to see.

  24. Scott says

    Lets not forget that the prop 8 in California passed due to Obama and his supporters. He is quite happy to run roughshod over civil rights, over the rule of law, over long term American prosperity in the narrow interests of his own political success and those of his close allies.

  25. Disgusted Gay American says

    I know this may sound strange – but what IF – gay men and women – just Married each other for the Convienence of it….they want thier Sanctity of Marriage ruined – Lets ruin it………Marry the opposite sex – get all the benefits – but don’t live with that partner in the “Marriage sense”..just get the 1500 Federal rights Until we get them legally….fine, they don’t want us to get married to each other – marry the opposite sex ie: gay man/lesbian …live apart…..get the bennys…come on, we’re a smart people…we can figure it out to wrk for OUR benefit…and shove it in thier faces.

  26. Jeremy says

    Well, as I posted in another story, Obama is a “typical” politician. He said what he had to so he could win the election. But for speaking my mind, I got called a jerkoff… Well to the person who made that comment, What do you have to say about Obama now. Call me what you want, but I, like many others, fell for his lies and voted for him. So I have the right to be upset for casting my ballot for a liar.

  27. Derrick from Philly says

    “Lets not forget that the prop 8 in California passed due to Obama and his supporters.”

    That’s a ridiculous lie.

    “….African-American demo”

    Roy, if being pro-gay isn’t enough to make African-American voters vote against a politician, then why the fuck do you think that being anti-gay will make US vote for a politician? That’s why I don’t understand what the President is doing here–this will NOT benefit him with any frickin’ group in this country.

    Black people vote as a block for Democrats–whether those Democrats are pro-gay civil rights or not. Don’t make up lies due to emotional frustration.

  28. mike says

    “If Obama was an all powerful king he would have repealed DOMA, DADT, and allowed for marriage equality federally; but he isn’t, he has to work within the political system that is in place.”

    Obama could easily order a halt on the implementation of DADT which would stop the firing of gay service members. The law would still exist but action based on the law would cease until congress could examine it and decide whether to get rid of it. He has chosen not to make such an order despite the pleas in the media from outstanding gay men and women service people who are being fired from the military.

    I don’t think there is an reason to assume Obama would repeal DADT and DOMA regardless of what type of power he held.

  29. Ian says

    Its about time that we gays and supporters of gay rights divorce the democractic party being that we cannot legally marry anyone in majority of states and the federal govt now says federal benefits are not a fundamental right. BS let them lose an election because of us and see how fast they are willing to change their views.

  30. HollywoodGothic says

    I find it interesting that this is the first issue that has soured some of the previous posters on Obama. Gay rights are just one of many issues on which he is just like GW Bush. Warmongering, taking away even more of our rights, upholding Bush plans to kill the environment, and so many more. Please realize all these issues need to be important to us all, not just issues we feel affect us more personally. We need to hold his feet to the fire on ALL progressive and social justice issues.

  31. Rafael says

    I have noticed hesitance from past civil rights leaders like Rev. Jesse Jackson to acknowledge Gay Marriage as the civil rights issue of our time, the other day he gave this honor to education go figure! Perhaps the President belongs to this group who somehow sees our struggle as less significant than theirs, it is a shame, because such rich history should enable us to discern discrimination in all of its forms. One thing is clear, no one feels discrimination like the one who is being discriminated, we must stand united and fight it, whether you like the President in some issues or not, this is your fight too and you should care as much as I do.

  32. Rob says

    Not only thrown under the bus, but backed up & run over several times by that memo.
    Thanks DOJ! Just when we started to see a glimmer of hope for equal rights…

  33. BillyBoy says

    There are plenty of reasons to be mad at Obama for this, but it would be nice if people could be less hysterical. Even Andy’s headline shows he misunderstands what’s in this brief. Or at least has read americablog’s nonsence uncritically.

    The brief in no way relates homosexuality to incest or pedophilia. It points out that states are free to disagree with each other about qualifications for marriage, and it cites cases that involve the minimum age for marriage, which varies from state to state, and the right of states to set different standards for prohibiting relatives from marrying one another.

    It’s all bad enough without mischaracterizing what’s going on.

  34. Eric says

    I can’t believe anyone here actually thought that Obama would do anything pro-gay rights.

    He is nothing but an opportunist.

    He is scum.

    I’m proud to say that I did not vote for him.

  35. Leo says

    I know this may not be the ‘right’ site for this or whatever…I’m 19 and gay and have an okay understanding of politics, etc…anyways — I don’t normally ever ‘post’ on sites on anything, but something compelled me to this time. I just wanted to say I read that document (after which I had a splitting migraine btw)….and its mind-numbing, scream-in-frustration-and-sadness, political doublespeak, plain and simple. Biblical literalists will always find some way to be omnipotent, so why can’t marriage be made a solely religious institution, so all those hundreds of civil rights are made available for EVERYONE. I’ve always known in my heart that I’m gay and that God DOES love all his creatures, no matter the text in a book. There ARE denominations out there that understand this, using biblical principles that EVOLVE with further understanding – UCC, whose recent slogan was ‘God is still speaking’….that resonated with me….he may be speaking still, but there’s so much commotion no one can HEAR him. Now i’m just sounding preachy…(btw I have best friends that are atheist)…sorry – the point is that I’m admitting I got caught up in the dream and the sparkle of his eloquent rheotoric and voted for an image that was well…just that – an image. I’ll also admit I’m crying while writing this because this whole thing is just undescribably tragic – what’s really sad is that a part of me still desperately wants to believe this is just a postponement on his part to bide him time through the bad economy…after which he’ll just MAYBE think this through and change his mind…..wishful thinking….

  36. jessejames says

    In the entire history of the USA there have always been degrees of citizenship from full citizens (as in “all men are created equal” who were allowed to vote) and others (as in “three-fifths of a man” with partial votes or women who could not vote at all).

    Right now gay people cannot pursue a military career or enjoy the legal and financial benefits of marriage because we are the new 3/5’s of a man. Ironic isn’t it, that a former 3/5’s is now in the highest office.

    There has always been hypocrisy in the USA regarding citizenship in spite of the idealism in our founding documents.

    How did the other former 3/5’s get full citizenship? I’m just saying….

  37. Pete Acton says

    I actually agree with Bill Maher’s recent statements that Obama needs to essentially grow a set and start acting with real “audacity”. He has shown absolute vanilla leadership on the economy and the same is looking to happen with so-called health care reform. With a 65% approval rating, the Republicans as powerless as they’ll ever be, Obama needs to understand what GW Bush meant by having “political capital and intending to use it”. My trust for him is waning daily on social issues and he seems very controlled these days by handlers and lobbyists. I never expected him to be a real “fierce” advocate for us. Look, during the campaign, Michelle, did most of the out-reach to the LGBT groups, never Obama. I think his religion and his “heterosexual” sense of entitlement enables him and Raum to put the LGBT community on the bottom of the to-do-list. So far, Obama has been the fierce advocate for AIG, CitiBank and Wall Street. The fact that we can’t even have something as simple as ENDA and the repeal of DODT passed now floors me. These are no brainer pieces of legislation with high approval by the majority of Americans. On those issues, the only thing that is allowing him to not act is probably the religious lobbyists and the Blue Dog Democrats. He’s letting the Republican leadership lead him around by one ear, Wall Street lead him around by the nose, and his church by the other ear.

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