Tuesday, October 12, 2010

Big Gay News: DADT Halted; DOMA Appealed

Image from the Legal Broadcast Network
As is always the case when it comes to gay rights, Tuesday's big news was a mixed bag. It is also a head-scratcher for those of us who voted for Barack Obama at least partially for his gay rights stance.  More on that in a minute.  Anyway, a Federal judge ruled that the military's "Don't Ask, Don't Tell" policy is un-Constitutional on multiple grounds, and that it must be halted.  And over in the "Defense of Marriage Act"--also ruled un-Constitutional--the Justice Department has appealed, rather than let DOMA (or parts of it) die.

DOMA's and DADT's days are very clearly numbered, but neither seems likely to die today. Arguments in support of either policy are fairly weak, and strewn with homophobic nonsense for the most part. Both should very likely have been killed in Congress when political capital was high.  Both could have been greatly aided by a more forceful Presidential push. Obama's DOJ has already appealed the DOMA ruling, and has 60 days to appeal the DADT ruling. I hope they don't, and just let the thing die. But so far, whenever presented with something like this, Justice appeals it. I can't for the life of me figure out why they keep throwing a wrench in, when the President is on record being against both policies.

Image from Against8.Blogspot.com
I've been a vocal supporter of Obama, though I've been critical of him on some issues.  And even if his administration drags their feet enough to let DOMA and DADT live another day (or couple of years), I can't swear I won't vote for him anyway. I won't want to, but the likelihood of a viable, sane Republican alternative is seeming increasingly unlikely.  But for all the talk of motivating the base, appealing these two ridiculous policies is not the way to go about it.


NEWS ANALYSIS: What’s next for DADT and DOMA?

“May you live in interesting times” is as much a curse as a warning. Turbulence, upheaval and revolution – these lead to difficult lives, implies the supposedly Chinese curse. But they are also the defining characteristics of great social change.

There are protests and arrests, laws passed and challenged, pickets and bullhorns, hate mongering and fear baiting. And our judiciary is not immune. To suggest that our judges are like traffic lights hovering above the fray of an ungovernable intersection is to ignore history, logic and reality. The judiciary has always been and will always be part of these “interesting times” whether we like it or not. . .

Read more at: San Diego Gay & Lesbian News

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