President Obama and the Gay Left

Something pretty incredible happened recently. After two important rulings regarding the Don't Ask, Don't Tell policy in the US military first declared that the policy violates constitutional rights of service members and people considering entering military service but that in at least the instance of a specific flight nurse the policy actually hindered readiness and morale. The primary reason given by those opposed to repeal is that allowing gay and lesbians hurts readiness, morale and group cohesion. Recently, the judge who declared the constitutional issue via a ruling in a lawsuit filed by the Log Cabin Republicans issued a worldwide injunction basically saying that anyone and everyone involved with the military administration and chain of command must immediately halt any and all procedures involving implementing DADT.

Now, those on the progressive side of politics, progressive Republicans as well as Democrats, have seen the faces of service members who were discharged, some of whom have honorable and highly lauded careers as well as specialized skills such as being Arab linguists. As most US citizens support the repeal, and as the military struggles in many areas of recruiting and retaining qualified and talented service members, it becomes apolitical to support the cause of repeal.

And then there's the position of the President. From the beginning of his campaigning for the support of the LGBT political left Obama has made repeal of DADT his clinch issue. Many other issues important to progress of gay rights do not really have national platforms or attention right now, nothing like the attention on DADT. Because of that, it was an extremely important to securing the kind of financial support and political action from groups like the HRC.

From what I understand, as Commander in Chief, the president had the power to immediately halt the investigative process in the discharging of gay service members. While it wouldn't outright repeal the policy, it would have kept hundreds of qualified and awarded members of the military from being removed from service. As of now, Robert Gates, the Secretary of Defense, has given instructions to the military to halt enforcement of a key part of DADT, which is the involuntary outing, so basically the witch hunts and the investigations prompted by rumors from other service members of a service member's sexuality. One of the reasons he did this was to prompt a more 'humane' approach to enforcing the policy and was done around the time that they commissioned the study on the most effective way to implement repealing the policy. The president could have done that more than a year earlier.

It is important to note, and this is something that conservative Republicans, and those who repeatedly used anti-gay rhetorical reasoning in their committees, so not necessarily outright derogatory remarks but rather lines of reasoning based on base stereotypes and horrible prejudices, is that it is only a matter of time before it is repealed. Nearly all the military leadership recognizes and wants this to be repealed. The President and the Secretary of Defense are committed to repealing it, one way or another. The majority of citizens think it makes no sense and support repealing it and allowing open service. Thus, it's only a matter of time, so while they argue against repealing it, that's not the issue cause it's going to be repealed. The issue, in terms of their filibusters and nay votes, has been when they would implement the procedural activities involving repeal, not whether it would happen at all.

So the problem now for the President is that he's got not only two court cases, landmark cases, that justify repeal and rule against the policy's constitutionality, but that there is now a legal injunction in place preventing any implementation. Does he have the Department of Justice, which was the group acting as the plaintifs in both cases and basically arguing for the constitutionality of the policy, appeal the ruling on the Log Cabin Republican's case and the subsequent injunction? They have already started the appeal process for a recent ruling in Massachusetts that overturned DOMA, the 1996 Defense of Marriage Act put into place after gay marriage was allowed in Hawaii, a situation that has since been changed through voter memorandum. The argument about DOMA was made around the distribution of federal benefits by the state to married same-sex partners and the 'Full Faith and Credit' clause to the Bill of Rights, which guarantees that any legal contracts recognized in one state, be they private or business contracts or whatever, must be recognized by all other states. DOMA specifically defines marriage on the federal level as between a man and a woman, and rejects any same-sex marital status from a given state in terms of federal pension and social security benefits and everything else on the federal level. It also said that any state can decide for themselves what the definition of marriage is and choose to not recognize marriages from other states. They will appeal that ruling.

In light of the Justice Departments decision to appeal the DOMA ruling, and in light of the fact that the White House has taken a soft position on the repeal of DADT as wanting it to be done by Congress, it is not certain whether they will then appeal this ruling as well. These are important cases and would be hugely influential on all civil rights laws, just as those regarding African Americans were in past decades, if they reach the Supreme Court. As there is, right now, a balance that slightly favors the liberal end of the Court, it would be a good time for these cases to go before them. The problem for Obama and for the gay community is, if Obama has them appeal the DADT ruling as they are doing with DOMA, they will be not only acting against their position on repeal but in fact will be standing against the progress of LGBT civil rights.

There are arguably three cardinal issues in struggle for LGBT civil rights. The first is same-sex marriage, which is probably the most divisive issue nationwide. Eventually, no matter how much the religious conservatives in this country speak out against it, gay marriage will be a reality. All conclusive evidence in terms of polling and studies done about election turnouts indicate that the country is growing more and more supportive with younger generations, and sorry to say this but eventually those who think they are on the correct side of the issue by opposing it are going to die off. Most likely they'll die off soon as most of those who oppose it are older. The second cardinal issue is Don't Ask, Don't Tell. This is the one that has been most pressing in the past two or three years and the one that Obama took the most decisive progressive position on. The third and possibly fourth issues are same-sex adoption and then policies in schools dealing with the harassment of LGBT youth.

Obama has now made a serious misstep in terms of a progressive, pro-civil rights position, on one of these cardinal issues in having the Justice Department appeal the DOMA ruling. That particular ruling is pretty solid and has legal precedence behind it in the overturning of laws prohibiting interracial marriages. If that goes to the Supreme Court, however, no matter what the outcome the repercussions across the country will be significant. Ruling in favor of striking down DOMA would be a move towards considering the issue of the legislation and amendments to state constitutions, which cannot violate the federal constitution. The DADT ruling, however, and particularly the injunction are on much shakier ground as they are unique, they do not have the backing of precedent and while the constitutional issue may be upheld by the Court, the injunction could be challenged on multiple fronts, including the separation of powers clause.

President Obama has not taken decisive action in repealing DADT. Instead he has issued strong positions while implementing soft actions, failed to put the necessary pressure on Congress to proceed in a way that was conducive to passing repeal, and now may or may not appeal the most conclusive and decisive action taken on the policy, this time by the federal courts, thereby either directly compromising his position on repeal or, if choosing not to appeal, taking no action at all as another branch of the government altogether takes the hard action. Either way there has been a profound failure of decisive leadership. If promises and policy positions are to mean anything, a leader needs to take strong, clear action on them. If he pledges his support to a policy position and promises to do whatever it takes to accomplish the goals of that position, it means nothing if he doesn't take action to achieve those goals. By stating publicly, both in meetings with LGBT lobby groups like the HRC and in the State of the Union Address that he was going to make sure it was repealed, he must make good on his promise. He hasn't done so, though. Instead he has abdicated that function to the courts while providing just enough political action to give himself cover if the issue is brought up by progressives in his own reelection campaign.

Mr. Obama promised to be a fierce ally and advocate for the civil rights of LGBT people. He has said multiple times that he is committed to the repeal of DADT and not done nearly as much as he can in order to ensure repeal. Can the LGBT community then really claim that Obama is our ally? John McCain, during his election campaign, also took a pro-repeal position. He might have been the principle senator in filibustering the repeal legislation but if he had won the presidency, who's to say he wouldn't have worked toward repeal. When it comes time to start drawing battle-lines for the 2012 presidential campaign, when Obama begins soliciting campaign contributions and looking to excite the progressive base who were instrumental in his initial election, will the LGBT community show up in similar numbers? Will we give in similar amounts or act with similar force as we did in 2008? If the major policy issues the President can affect are decided through the courts and there isn't much left for him to do, then the question will be should we support him as we did. In a year when there may possibly be a Sarah Palin nomination for the Republican candidate, we may have no choice. However, when we have such immediate issues as the recent gay teen suicides to deal with and organizations that can benefit those youth directly with our contributions, wouldn't our money be better spent there rather than on a candidate who proved himself to be at best a useless ally?