Late Thursday, U.S. Department of Justice lawyers filed a motion to
dismiss a case that challenged the 1996 Federal Defense of Marriage Act
often referred to as DOMA. DOMA currently prevents couples in states
that recognize same-sex unions from securing Social Security spousal
benefits, filing joint taxes, and other federal rights of marriage.
Justice Department lawyers concluded that allowing federal marriage
benefits to gays would infringe on the rights of taxpayers in the 30
states that specifically prohibit same-sex marriages.
Naturally, gay activists were upset, apparently angered that they could
not just bend the Department of Justice to their will. Perhaps I
should not be surprised by their ire. Their greatest allies have been
out-of-control courts and runaway legislatures.
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Yet I was very surprised at how disrespectful they seemed to the White
House. It appears that these groups feel the administration owes them
a special dimension of
allegiance. Despite the president’s promise of
greater gay inclusion in the political mainstream and his declaration
that June should be considered gay pride month, gay activists like the
Human Rights Campaign, a gay rights lobbying group based in Washington
and Lambda Legal, called on Obama to begin steps to end DOMA as he
promised on the campaign trail.
President Obama would be very unwise if he caved into the pressure
tactics of gay activists at this early stage of his presidency. After
all, many Christian leaders have been disturbed by the president’s
stand on abortion, his lifting the bans on embryonic stem cell
research, and his liberal economic policies.
Even though the president made very explicit and emphatic campaign
promises that he opposes DOMA and would call for Congress to repeal it,
the president is too smart to knuckle under to the cries of a vocal
minority that cannot shift the balance of power in his favor in either
2010 or 2012. For these reasons and others, Justice spokeswoman Tracy
Schmaler made the inevitable statement, “Until Congress passes
legislation repealing the law, the administration will continue to
defend the statute when it is challenged in the justice system.”
While all of this is happening on a national level, grassroots
pro-marriage activists need to seize the moment by reversing some of
the victories that gay marriage advocates have achieved. We need to
ta
ke advantage of President Obama’s lack of support for gay marriage
and slow down the momentum of the gay movement. The best way to do
this is to give the voters a chance to let their voices be heard. After
all, in the 30 cases in which the people were able to choose; they
chose marriage between one man and one woman.
Two battles in which we are most poised for victory in the near future
are Maine and Washington, DC. First of all, the state of Maine is ripe
for a reversal of its recently minted same-sex marriage laws. Secondly,
the DC City Council’s decision to pursue gay marriage can be derailed
by an irate electorate that feels disenfranchised.
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