Thursday, May 24, 2012

Will Obama "Evolve" Further on Gay Marriage?

Personally, I suspect Barack Obama doesn't do anything that isn't motivated by political calculation.   And when it comes to the issue of same sex marriage, it's all political calculation rather than equality under the law and the U. S. Constitution.  However, Obama may find that the train has left the station on the issue - especially in the minds of younger voters - and that he may have no choice but to get fully on board and cease the double speak of leaving marriage rights to the states.  That mealy mouthed position is akin to saying that states can decide to reimpose segregation (something that would likely be embraced by "godly Christians" in Bible Belt states).  One is either a full citizen of the United States or one is not.  Currently in a significant majority of states, LGBT Americans are second class citizens unless they are living in states like Virginia, in which case they are fourth class citizens.  Thus, some such as Ted Olson believe that Obama will be pressed to make marriage equality a national rather than state decision.  This, of course, terrifies the Christofascists who seek to impose their Christianist version of Sharia law on all citizens.  Here are highlights from an article in the Washington Post that looks at Obama's likely predicament:

Supporters and critics of President Obama’s endorsement of same-sex marriage agree on one thing: He may not be finished evolving on the subject.   Despite his comments that he thinks the matter should be left to the states, many gay rights advocates strongly believe that it must be dealt with nationally — and that Obama is quietly on their side. Conservative critics of the president suspect the same, citing this as one way the president might tack left if reelected.

And some Obama supporters who are uncomfortable with same-sex marriage fear that in a second term, he would come under enormous pressure to back efforts to impose the legalization of such unions at the federal level.

“I can tell you without a doubt there’s a lot of fear right now from religious communities . . . about where it’s all going to go.”  [said the Rev. Joel Hunter, a spiritual adviser to the president who opposes same-sex marriage]

In particular, they are worried that the president’s preference for state-by-state recognition will give way to the view that same-sex marriage is a guaranteed right under the Constitution. That issue is at the heart of a case that could come before the Supreme Court in its term beginning in October: It involves Proposition 8, a voter-approved California constitutional amendment that bans gay marriage.

Obama opposed Proposition 8. But if the court accepts the case, it could ask the administration for its view on whether marriage is a fundamental right that cannot be withheld from gay couples. Such a finding could sweep away state decisions on same-sex marriage, as well as the bans in 30 state constitutions.

“He’ll have to decide whether he believes the Constitution recognizes gays’ or lesbians’ equality as far as marriage is concerned,” said Theodore B. Olson, a Republican former solicitor general who is a lead lawyer challenging Proposition 8. “That’s not reconcilable with leaving it up to the states.”

Before he announced his support for same-sex marriage, Obama ended restrictions against gays serving openly in the military, and his Justice Department said it would no longer defend in court the 1996 Defense of Marriage Act, which bans federal recognition of same-sex unions. The administration said the law violates the equal protection clause of the Constitution, an argument that some say conflicts with the view that states should decide.

 The Obama campaign is making same-sex marriage an election issue. It announced plans Wednesday to reach out to gay, lesbian, bisexual and transgender voters and to use the issue to paint a stark contrast with the president’s presumptive Republican opponent, Mitt Romney, who supports passing a federal constitutional amendment banning gay marriage.

 “It’s to me very clear and unqualified, and not up for debate, that the route that this is ultimately going . . . is going to be to recognize justice and equality,” said Chad Griffin, a Democratic fundraiser and incoming president of the Human Rights Campaign, a gay rights group. “I expect that our federal judiciary will side with the side of equality and justice, and I hope the Justice Department will continue to file in the way that they’ve filed in the DOMA case.”

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