After checking with several of my enlightened legal scholar friends, I can state very clearly that President Obama's Justice Department is not required to appeal the Massachusetts court decision last week regarding the ruled unconstitutionality of DOMA. There have been instances in the past where they have not appealed. Politico.com in an article cites a case in Washington, DC:
Some lawyers in the gay rights movement scoff at that. They note that from time to time, Justice has refused to stand behind laws under challenge as unconstitutional. For instance, in 2005, the Justice Department declined to defend a law barring the D.C. Metro transit system from accepting ads that promote legalizing marijuana.
The administration can just get rid of DOMA in one single decision by not appealing. No act of legislation is needed, the President can blame the courts if he wants to and we are one step closer to freedom. This is a brilliant no-brainer! Yet, so far, we haven't even received from the White House an acknowledgement that it was an important victory for LGBT freedom and the President hopes that the courts will continue to uphold our struggle. Nothing but silence from 1600 Pennsylvania Avenue.
If the silence was just about one situation it would be more palatable but instead it is about everything concerning LGBT rights. No statement on the Log Cabin Republican suit concerning DADT. They refused to support or make a statement about the Proposition 8 case in California while at the same time they clearly rightfully got involved in Arizona with the immigration case to the point of suing the state. They sidestepped the Maine vote. When some key bloggers met with White House staff the reaction to the question on DADT is they are waiting for Congress. Anyone in the White House hear about leading Congress?
Most outrageously, this last week a disgusting, vile and inflammatory questionnaire was sent out to over 400,000 service members. This piece of anti-LGBT trash was an insult to this community of the highest level. Can you imagine if a questionnaire was sent out to all Christian soldiers asking them detailed questions about the Jewish faith and if they were comfortable serving with people who had not accepted Jesus into their lives? Allowing, in essence, a vote by born again's on Jewish people and if they should be allowed to serve. After all it be too upsetting for people of the Christian faith, Nothing cries out more for condemnation than this questionnaire and as usual there is nothing but total silence from this administration. Such a questionnaire would have never happened and didn't happen with President Truman!
Now over and over again I get emails saying my columns are a destructive force for urging people to boycott the Democrats this election. That because of my views, I would essentially be letting Neanderthal Republicans overtake both houses of Congress. First and foremost, it is not the LGBT community that has caused the problems for the Democrats in this election; it is their lack of strength, bold leadership and vision. If we lose in November it will because of their policies and not my desire to be a full American citizen. Don't you dare attempt to put their losses on my shoulders simply because I want to be a free man.
Second, we are not boycotting the Democrats. Our strategy is to be responsible and informed citizens in this election and support those that support us. We will endorse, contribute and work for the numerous candidates in the Democratic, Independent, Green and, yes, Republican parties who support full equality. And truthfully, the list of people that I can support is far greater than the amount of money I can contribute this election. However, we will no longer blindly support those committees, entities or candidates who are not engaged in our struggle for freedom. Really, this is not a hard concept to grasp.
We will be good citizens. We will vote. We will contribute. We will volunteer. But we will not pull the lever for any candidates who want us to wait interminably for our freedom while they remain stone silent for political safety sake. The Democratic party no longer has the power to blackmail us into supporting anti-LGBT candidates by blaming us for any possible defeat.
President Obama - don't repeal the Massachusetts decision; it is that simple. Speak out against the vile DADT questionnaire. Stop the outrageous briefs coming out of the Justice Department. Provide leadership for the repeal of DADT. Stand up for freedom - not just by your rousing words and stellar speeches - but by your actions.
Freedom wins over any political party.