The Obama administration, which came to office promising to protect gay rights but so far has not done much, actually struck a blow for the other side last week. It submitted a disturbing brief in support of the Defense of Marriage Act, which is the law that protects the right of states to not recognize same-sex marriages and denies same-sex married couples federal benefits. The administration needs a new direction on gay rights.
A gay couple married under California law is challenging the act in federal court. In its brief, the Justice Department argues that the couple lack legal standing to do so. It goes on to contend that even if they have standing, the case should be dismissed on the merits.
The brief insists it is reasonable for states to favor heterosexual marriages because they are the “traditional and universally recognized form of marriage.” In arguing that other states do not have to recognize same-sex marriages under the Constitution’s “full faith and credit” clause, the Justice Department cites decades-old cases ruling that states do not have to recognize marriages between cousins or an uncle and a niece.
These are comparisons that understandably rankle many gay people. In a letter to President Obama on Monday, Joe Solmonese, president of the Human Rights Campaign, a gay rights organization, said, “I cannot overstate the pain that we feel as human beings and as families when we read an argument, presented in federal court, implying that our own marriages have no more constitutional standing than incestuous ones.”
The brief also maintains that the Defense of Marriage Act represents a “cautious policy of federal neutrality” — an odd assertion since the law clearly discriminates against gay couples. Under the act, same-sex married couples who pay their taxes are ineligible for the sort of federal benefits — such as Social Security survivors’ payments and joint tax returns — that heterosexual married couples receive.
restAlso, this is on the heels of:
Gay Bias Killings In US Highest Since 1999: Advocacy GroupNEW YORK — The number of lesbian, gay, bisexual and transgender people killed in bias-motivated incidents increased by 28 percent in 2008 compared to a year ago, according to a national coalition of advocacy groups.
Last year's 29 killings was the highest recorded by the National Coalition of Anti-Violence Programs since 1999, when it documented the same number of slayings, according to a report released Tuesday by the coalition.
"What we're also seeing, more disturbingly, is the increase in the severity of violence," said Sharon Stapel, executive director of the New York City Anti-Violence Project, which coordinates coalition.
Stapel theorized that at least some of last year's violence was backlash against issues that arose during the during the presidential campaign. She cited debates about same-sex marriage, the military's "don't ask, don't tell" policy, and federal legislation that would ban employment discrimination based on sexual orientation and gender identity as possible flash points.
"The more visibility there is the more likely we're going to see backlash, and that's exactly what we see here," Stapel said.
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