On Same-Sex Marriage Ruling, Obama Risks Alienating His Base
Tuesday, July 13, 2010 at 6:00 am

President Obama at a fundraising dinner for the Human Rights Campaign, the leading gay rights organization, in October. (Yuri Gripas-Pool/ZUMApress.com)
The gay community caught a huge break last Thursday when a District Court judge in Boston ruled unconstitutional parts of the 1996 Defense of Marriage Act, which defines marriage as between a man and a woman. Gay rights activists who had been frustrated with the Obama administration’s halting approach to its promised repeal of “Don’t Ask, Don’t Tell” finally saw tangible progress, as Judge Joseph L. Tauro declared that same-sex couples are entitled to the same federal benefits as heterosexual couples.
[Congress1] “Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves,” Tauro argued. “And such a classification the Constitution clearly will not permit.” Gay rights groups like the Human Rights Campaign hailed the decision as an important step toward equality, while social-conservative interests like the Family Research Council slammed it as an affront to traditional values.
But the Obama administration could be setting up same-sex marriage advocates for another disappointment as it weighs an appeal of Tauro’s ruling. And both options for the administration come with risks: Challenging the ruling would be perceived as a major snub by the gay community, whereas standing behind it would give Republicans a powerful political weapon to use against Democrats in the November elections.
“President Obama has two choices: lose the gays, or lose the House,” said Michael Rogers, a Washington-based activist famous for outing closeted gay lawmakers who block the advancement of gay rights. “At least that’s how many leaders in the gay community see it.”
Appealing a court ruling that challenges established federal law is viewed as a Justice Department obligation, regardless of White House policy preferences. And lawyers close to the issue expect that to hold in this situation. “We fully expect that the Obama administration will appeal the decision,” said Janson Wu, an attorney for Gay and Lesbian Advocates and Defenders who argued on the winning side of the case. “It would be unusual if they didn’t.”
The Obama administration is in no hurry to announce its plan of action; spokeswoman Tracy Schmaler said only that the Justice Department is “reviewing the decision.” A decision not to appeal the ruling would amount to a break from longstanding precedent in order to champion same-sex marriage, pitting national Democrats against the majority of Americans on a hot-button issue ahead of an already harsh midterm election climate.
“Polling indicates that DOMA is really popular in the public nationwide,” said Patrick Egan, a political scientist and expert on LGBT politics at New York University, “and there’s a lot of resistance in both houses of Congress to repealing DOMA, even among Democrats. So they realize that’s pretty much a political loser for them.”
But challenging Tauro’s decision would mean fighting to reverse what the gay community, a strong Democratic constituency, considers important and long-awaited progress. To some activists, a court battle could morph the community’s perception of Obama and the Democratic Party from sympathetic allies into outright adversaries.
“The courts are putting Obama and the Democrats in a pretty difficult spot that will probably force the administration to continue to defend this law that’s unpopular with its base,” Egan said. “They have to make arguments about why DOMA should be constitutional, and those arguments are going to go against the grain of gay and lesbian groups. So it really puts them in a bind.”
Apparently sensing a political opportunity, Republicans are already pouncing on the White House’s lack of displayed enthusiasm for DOMA in the face of the Thursday ruling.
“The Justice Department’s half-hearted defense in this case — exemplified by DoJ’s own attorney asserting that President Obama opposes DOMA — is unacceptable,” said Texas Rep. Lamar Smith, the top Republican on the House Judiciary Committee, according to Politico. “The president’s personal views have nothing to do with the defense of a law passed by Congress.”
Smith’s attack could be a preview of GOP attacks to come in anticipation of November, which could further damage Democratic prospects in socially conservative regions during an election cycle where — as even the White House admits — the House of Representatives is up for grabs.
The administration has a complex relationship with DOMA, defending it last year in a court briefing, citing executive obligation, even while signaling Obama’s opposition to the law. “The president has said he wants to see a legislative repeal of DOMA because it prevents LGBT couples from being granted equal rights and benefits,” DoJ’s Schmaler said last September.
One progressive strategist with Democratic clients in the November elections acknowledged the perils of supporting Tauro’s ruling, but nevertheless said the White House’s wisest course of action would be to stand by it quietly.
“They’ve already pissed off the gay community unnecessarily, defending DOMA in court, and doing it while comparing being gay to incest and bestiality,” said the strategist, who requested anonymity to speak candidly. “I know we have to worry about Blue Dogs, but Democrats are in serious danger of not only losing gay votes, but losing money from the community too, and having more Dan Choi-like protests.”
While support for same-sex couples’ rights is trending upwards, polls suggest that a majority of Americans continue to believe the concept of marriage should be reserved for heterosexual unions. The split is both generational and regional — younger Americans, for example, have more positive views toward same-sex marriage, and support is higher in the Northeast than in the South.
“We’re not going to see a repeal of this law anytime soon,” Egan said. “But polling nationally indicates that, if the current trends continue, a majority of Americans will support legal same-sex marriage sometime in the next decade, perhaps by 2014 or 2015.”
And if same-sex marriage is to be legalized in a sustainable manner, the most viable path may be through the legislative process — a long and thorny one — rather than the courts. The story of California in 2008 serves as a cautionary tale against bypassing the legislative route, when a court ruling that legalized gay marriage led to the passage of Proposition 8, which created a constitutional amendment overturning the decision.
“What we know from previous experience is that you actually need a supermajority of Americans to overturn a law like DOMA,” Egan added. “You need to overcome a filibuster, and you need a lot of members of Congress convinced that it’s not electorally risky to vote to repeal the law. So you need a lot more than 50 percent of Americans supporting same sex marriage.”
82 Comments
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Comment posted July 13, 2010 @ 2:49 pm
Michael Rogers is clueless enough to think that people without jobs, health care and money to put food on the table on, and their sons dying at war, are going to be really all that concerned and obsessed with gays. The only thing Obama risks losing is gays, if he drags his feet long enough, cause gays share in those problems too, but have the added burden of unnecessary discrimination to remind them of it daily.
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Comment posted July 13, 2010 @ 5:34 pm
What in the world is everyone getting so excited about that this dorky judge in Massachusetts has done some 'grounbreaking' thing to to try strike down DOMA? Obviously, some knucklehead was going to do that sooner or later but it means extremely little.
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Comment posted July 13, 2010 @ 6:16 pm
For the record, the govenor of California vetoed two separate same-sex marriage recognition bills which had the approval of both houses of the state legislature citing the doma-like amendment before the California supreme court struck it down. No one tried to bypass anything.
Comment posted July 13, 2010 @ 6:32 pm
The heart of the matter is equality for ALL! The unemployed are being discrimanated against as we speak. To the Republicans the unemployed don't have rights. The right to eat, pay for the roof over their heads, etc. They think the unemployed should be shoved into a closet so they don't have to see the truth. There is no religion in unemployment issues or benefits. So why should marriage be any different? It is the religous community that has to stick their nose in everybody's business especially the Christian Conservative Republican party. The Constitution was written for ALL Americans, faith or not! Marriage has always been a binding written contract between two individuals for thousands of years. If a couple wants to incorporate religion or spirtuality it is their choosing. This country has many diverse culters, styles, and sexual orientations and yes many who happen to be gay and unemployed. Does this make them less of a valued person. I think not!
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Comment posted July 13, 2010 @ 11:05 pm
“a majority of Americans will support legal same-sex marriage sometime in the next decade, perhaps by 2014 or 2015″ I will say unapologetically, SCREW YOU AMERICANS! I don't give a crap what you think or what your 'values' are. You continue acting like a spoiled little brat all you want I will get the freedom to marry. You whine, moan, and complain in your churches or to your imaginary god friend all you want. Just know the fact that no one gives a crap what your little values are.
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Comment posted July 14, 2010 @ 12:56 am
If you are going to be a jerk you have no business on this post!
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Comment posted July 14, 2010 @ 11:14 am
Historical analysis shows that most Americans also opposed the Revolution and the Civil War.
Comment posted July 14, 2010 @ 8:37 pm
I am for Gay Marriage, and can't understand what you were trying to say here.
Comment posted July 14, 2010 @ 8:54 pm
Hey FYI, the Green party fully supports equal rights for Gays, including and not limited to full and equal marriage rights.
My experience is that the Democratic party has constantly courted the LGBT community for support, pointing to the GOP as the bogeyman to stand against, yet when it came time for the Dems to make good on their promises for … See Morereciprocal support, we usually find ourselves ignored or being told that 'now is not the time'. Assuredly the Republicans are the larger evil, but it seems to me that the Democratic party doesn't truly stand for us either.
Currently the Greens are no where near equals to the Dems or the Republicans in the political power arena, but why support a party that's only using you for your votes with no real reciprocity? Give the Green party a chance. At the very least, it will show the Democratic party that they need to make good on our trust if they want to keep us.
Comment posted July 15, 2010 @ 11:36 am
Frankly people, it is absolutely ridiculous to support a candidate at all anymore. Now that the political machine has grown into this monster, candidates of all kinds are just chewed up and spit out, each with a slightly different shape, but all made of the same food mash and machine slime. It's situations like this that cause people like me to NOT VOTE AT ALL, and to entice those around me to NOT VOTE EITHER.
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Comment posted July 19, 2010 @ 3:15 pm
Same sex marriage is a completely dishonest issue for sexual perverts. Marriage represents fidelity and sexual perverts didn't become sexual perverts by valuing strong moral considerations like fidelity. The whole issue is ludicrous and the only reason sexual perverts want a marriage amendment is they want societal approval of their perversion in a confused and misguided pretense that societal approval will help remove the guilt and shame they inwardly and rightfully feel because their behavior is perverted and against nature.
Additionally, sexual perverts publicly proclaim that they were “born this way” but before they started this sham, polls among them showed over 80% of sexual perverts NEVER considered sexual perversion UNTIL AFTER they were seduced by an adult.
That reveals three things: Firstly, the predatory nature of sexual perversion. Secondly, the deceit that accompanies their moral baseness which they continually perpetrate on the public at large to try to gain the approval they can't get from their consciences. Thirdly, the clear and obvious tie of pedophilia with homosexuality which the news media refuses to allow to be written or spoken but which all knowledgeable and honest researchers will tell you exists and was clearly demonstrated in the Catholic priest abuse of boys.
The dishonesty of the news media was exposed by their delight in their promotion of that scandal while NEVER using the words homosexual and pedophilia together, yet any thinking person can and could see that priests having sex with male children is pedophilia.
Comment posted July 19, 2010 @ 3:26 pm
You leave out the added burdens of guilt and disease that they would be free of if they would start telling themselves the truth and seeking help for their perversions.
Everyone has problems and those who live long lives learn that “honesty is the best policy” (including honesty within one's heart) and a strong factor in long life.
It's goofy to think that the government is the answer to the ills of the people. Nature overwhelmingly teaches that one reaps what one sows regardless of the fact that that common knowledge is depreciated today.
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Comment posted July 27, 2010 @ 12:14 am
I was commended by a reader for my comment of a week ago. I notice that sexual perverts ignored me and I'm pretty certain why. It's because I told the obvious truth without rancor or hate and they don't want any attention drawn to it but rather hope it will disappear quickly.
The purpose for this comment is to point out that the reason we have so much sexual perversion being shoved down our throats is that the news media is evil and they've promoted it for years rather than standing up for normal moral behavior and modesty.
Just as I spoke up to expose the deceit of the marriage issue among sexual perverts who average hundreds of sexual partners each, so others should also do that and confront the deceivers and liars in the media who write stories as though sexual perversion was and is a legitimate issue and cause. It's akin to presenting pedophilia as a legitimate political agenda — it's absolute nonsense and our representatives' failing to act responsibly in this manner exposes the fact that we no longer have statesmens, but self-serving politicians.
By pretending sexual perversion is a legitimate “lifestyle” our leaders demonstrate that they aren't fit to lead and don't deserve anyone's vote.
It doesn't take a genius to see the connection between the moral collapse of this country and the corresponding rise in crime. It's time for normal people to simply and honestly speak up that sexual perversion and immorality is just that and it is wrong. This can be done without hatred in a candid and honest way.
This is probably the most significant failure of the American populace. To allow sexual wickedness to take over this country and not stand up and simply call it what it is — evil, wrong, sinful, damaging and destructive. Those who say otherwise are simply liars.
No boy wants to grow up and think that his mother was immoral. But because men want to be immoral, they don't spend the time they should to consider all the ramifications of their desires and actions. Sexual perversion is simply an outgrowth of sexual immorality. It's a slippery slope.
Men need to stand up and say, “This isn't the way to live; it's wrong.”
BTW, I use the term sexual perverts because it's accurate, not to show contempt. The term “gay” is terribly dishonest. When sexual perverts are alone, especially men, because men are supposed to be leaders, they're filled with shame and guilt and their suicide rate is enormous. These facts have long been proven.
Comment posted July 28, 2010 @ 10:53 am
It doesn't take a genius to see the connection between the moral collapse of this country and the corresponding rise in crime. It's time for normal people to simply and honestly speak up that sexual perversion and immorality is just that and it is wrong. This can be done without hatred in a candid and honest way.
Comment posted August 1, 2010 @ 11:42 am
It's not that difficult to use your brain yourself rather than allowing your mouth to parrot the idiocy of the perverted left.
“The right to eat”? Could you have said something more stupid?
Well, perhaps not more, but equally stupid was “They think the unemployed should be shoved into a closet so they don't have to see the truth.” Do you normally mouth such nonsense or is this a special occasion or special forum that we get to wade through such lunacy?
You're right that this country has “diverse… sexual orientations” but pedophilia is still a crime and as I previously said, the connection between pedophilia and the perversion of homosexuality is FAR closer than the perverts and their media friends admit in public but if normal people could stomach their filth and go to where they have complete liberty to expose the degradation they love, the connection between the two shows up quickly and it becomes very obvious that the pretense that there is no link between the two is a deliberate deception to further their — or should I say “your” — goals.
Normal people should not allow fools, idiots and perverts' words to rule the airwaves with stupidity and wickedness as you're trying to do with this post.
The truest thing you said was your last comment:
“I think not!”
We agree, though you should start.
Comment posted August 1, 2010 @ 11:48 am
“FYI, the Green party fully supports equal rights for Gays, including and not limited to full and equal marriage rights.”
Thanks for pointing that out.
Now we know a major reason to avoid the Green part.
This country is in dire straits and it will get worse instead of better if the normal people in this country don't stand up and proclaim that sexual perversion is sexual perversion and WRONG.
I hope that's not too obtuse.
Comment posted August 1, 2010 @ 12:10 pm
To the numerous people who have praised, commended or thanked me for my comments, please consider how effective it will be if each of you just go to one forum where the lunacy of sexual perversion is touted as normal, reasonable and/or a “right” and clearly, simply, plainly and without rancor refute such deceit and nonsense. The perverts, as you can see in this forum, shy away from sound reason. In their wickedness, they do understand that sound wisdom is better left ignored than addressed, lest it grow in influence.
Couple that action with repetition just once or twice a year along with a request similar to the one I'm making now and we would win this country back in short order.
If you think, “I don't know how to say it as well as I'd like” then feel free to copy my comments and say something like “I thought this guy said it well.” If you choose to copy something I wrote, please copy it in its entirety, inasmuch as that's the only permission to copy that I'm giving here and it's important to maintain a copyright lest the perverts lie — which we all know they do.
The union of the media with the sexual perverts promoting perversion as a “right” and that it should be considered normal is beyond the pale and to sit back and say nothing for fear of reprisal or criticism is cowardice and frankly, inexcusable.
Consider if your child or the child of someone you love was being indoctrinated with these lies and being encouraged to participate in perversion. (Which is EXACTLY the agenda of the perverts — they can't reproduce so persuasion and seduction are their tools of corruption and deception.) Would you want someone to speak up for normal, rational and reasonable behavior and condemn sexual perversion that brings bondage and STDs? Of course you would.
Then do unto others what you would have them do unto you and to those you love. Start opening your mouth and speak up for good behavior and against perversion.
Comment posted August 1, 2010 @ 1:58 pm
The Obama administration is in no hurry to announce its plan of action
Comment posted September 13, 2010 @ 8:48 pm
What an awful thing you've posted. Such ignorance, such contempt and hatred.
Comment posted September 13, 2010 @ 8:50 pm
Most gay people don't respond to you because it's a losing battle. You're clearly going to hate them regardless of scientific findings that suggest homosexuality is a normal variant on human sexuality caused by hormonal influences during the first and third trimester.
Please, educate yourself. Until you do, your ignorance will continue to be….ignored.
Comment posted September 13, 2010 @ 8:58 pm
If you TRULY honor facts, you will read this:
http://www.huffingtonpost.com/dan-agin/stupidity-gay-marriage-an_b_385641.html
The article is about YOU.
Comment posted September 13, 2010 @ 9:05 pm
Your desperation is so obvious. Clearly, you KNOW you're losing this battle and people are starting to see gay people as PEOPLE with feelings, not monsters out to get your children and tear apart your family.
By the way, I had two gay friends who had to endure the same hurtful, ignorant babble you spew at this site, and guess what?…One hanged himself at 21 and the other shot himself in the head at 24.
People like you who teach good gay people to hate themselves have blood on your hands.
Yes, YOU have blood on your hands.
Comment posted September 13, 2010 @ 9:06 pm
Oh, rubbish. Now off with you before somebody drops a house on you, too.
Comment posted September 14, 2010 @ 6:26 am
The huffington post is for pervs. I have better things to read than the perversions they promote.
Comment posted September 14, 2010 @ 6:28 am
You're a liar and the hatred is in you and it shows. Truth and facts aren't hate. Not standing up against the onslaught of perversion is laziness and a lack of love for this society. Perversion isn't the friend of anyone.
Comment posted September 14, 2010 @ 6:41 am
No, they don't respond because they have a damaged conscience to protect and they sense that I know what I'm talking about and the sound reasoning and clear moral standard coupled with the sense that I'll respond with tempered sound reasoning makes most of them want to use their efforts somewhere else.
You see, we know that perverts' greatest struggle is with their very own conscience and talking with me will increase that and most perverts haven't so seared their consciences that they can handle anything.
And don't forget, they're NOT GAY. They're miserable and self-condemned having all of nature in addition to their conscience and the memory of their parents telling them their perversion is WRONG.
There is no science to support perversion; just perverted and twisted people seeking to justify immoral behavior. You won't be honest with the facts because you want to justify your sin.
You're only kidding yourself.
Accusing me of hatred is simply a lie but you'll keep it up because your pretense is all you have as a defense.
I am educated and concerned and that's why I speak up to challenge and confront the liars like you who lie and pretend that perversion is normal. It's not normal. It never has been and it never will be.
I don't hate you but you're lying and I'm not going to lie to you to help you pretend that your bondage is acceptable and normal. It's not normal. It's not acceptable and you should quit lying to yourself.
I hope you can come to the place where you'll start telling yourself the truth. You can then get help.
Comment posted September 14, 2010 @ 6:58 am
You're such a liar. Desperation? deflection and pretense. Yes, we're losing to battle to lying perverts and those who lie for them, with their leader, satan, leading the battle. Again, dear. you're not “gay.” you're miserable and condemned and this is why you're arguing about it. You want desperately to be approved and you hate everyone who won't approve your perverted behavior. Sorry, we just can't and don't want to. It would be too much of a compromise, like you compromised the first time you indulged in sex and knew you shouldn't and now you pretend it's “normal.” Lying to yourself will NEVER SERVE YOU. You should learn that.
Regarding your friends, isn't that what I've been telling you? When are you going to listen? It's not the sound advice I offer that made them commit suicide, it's the opening up to the demons that sexual perversion brings. How can you be so blind? You see the result of this vile sin and you want to pretend that it's my fault your perverted friends ignored all sound judgment and insisted on engaging in perverted behavior and that it's our fault for telling them the truth?
Worse, you call telling them the truth, “hate.” Quit lying to yourself! I'm telling you the truth because I want the best for you. I don't hate you. I hate the sin that is destroying you and twisting your personality into weirdness and vileness. God loves you and will help you if you'll trust Him.
“Good gay people.” Sweetheart, perversion is yielding to evil spirits and and “good” and “perversion” don't go together. Again QUIT LYING TO YOURSELF!
Blood on my hands. Quite the contrary. I've warned you to flee from perversion. My hands are clean. Yours are the ones defiled because you justify the wickedness instead of pointing people to the right way, your sick demented logic to the contrary.
Though you didn't intend to incriminate yourself, thanks for admitting what I've said all along that perverts hate themselves and are tormented and their consciences can't bear what they're doing. Wake up. Get a clue.
Comment posted December 12, 2010 @ 5:47 am
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Comment posted January 9, 2011 @ 11:18 am
I love how gays say you hate them and are closed-minded when you stand up for what is right. The bible clearly states that homosexuality is an abmonination to society and no one of this kind will inherit the kingdom of God. Dont be fooled by the so called churches that given in to this corruption and some how find it as a righteous act by marrying two gay couples. Its unnatural and a disgusting perversion by demonic entities. People of the world dont have a clue to whats going on around them such as things like the spiritual world. Satan roams around like a roaring lion trying to devour who he can. When people given into such perversion in there lives they are dead to God and dead to what God wants in their lives. Gays always say christians are hateful and hypocrites, but God says he that loves you with will tell you the truth about his word for the saving of your life from this corrupt and perverse generation. Christians say these things out of love to try and bring people to the light and truth of Gods holy words and plan for salvation. If you really think about it, if everyone was gay there would be no people on the earth because there would be no procreation. Its unnatural and very ungodly to participate in such perverted acts. Its nothing more than from satan and his lies to bring people to hell with him. Dont be fooled into such ridiculous thinking. I believe homosexual are convicted by what they do and try to seek acceptance in their perverted acts to justify what they do. Thats why they act out in such arrogant whys and try to make themselves feel better by americans accepting homosexual marriages. It was never meant to be this way and I truly am hurt by what america has become and the president that is in office has a black and wicked soul. America will never be blessed and I believe God is against this wicked nation.
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