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We'll Have a Gay Old Time
Author: BobR
Date: 10/13/2010 11:47:08
In the relatively short amount of time our country has been in existence, we've made amazing strides in equality among all of our citizens. From blacks being considered to be 3/5 of a person to women and blacks getting the vote, to civil rights legislation, the march toward equality has come often in fits and starts, but always progressively forward. We still have a ways to go in a lot of areas; one of those is the treatment of gays. Yesterday, however, several steps forward were made - as usual, via the courts.
The biggest one was an injunction against the enforcement of Don't Ask, Don't Tell:
(bold-face mine) That last line is important. It's reinforced by another story, this one where a Massachusetts judge ruled that DOMA is unconstitutional:
Despite the President's preferences, the DOJ has to enforce and defend the law of the land, whether the sitting president agrees with it or not. Otherwise, we would have to support the president meddling in the affairs of the DOJ, something that we railed against when Bush was in office. These will both likely make it to the Supreme Court before Congress does anything.
But there is still some good news out there. In FL, where a court overturned a gay adoption ban, the state agency that is tasked with enforcing the law has decided not to appeal it's overturning by a district court:
All of this has to aggravate NY Gubernatorial candidate Carl Paladino, who made some nasty remarks about gays over the weekend (remarks that put Bill O'Reilly and Ann Coulter on opposing sides - really). We can take some relief from the knowledge that his attitude is becoming more and more in the minority. Most Americans have a "live and let live" attitude toward most things, and - in particular - support the repeal of DADT and support gay adoption (the jury is still out on DOMA - education is the key here).
Progressives take heart - this is how progress happens. It occasionally lurches forward surrounded by long blocks of status quo. However, it is the persistent actions taken during the lulls that allow the lurches to happen. The long look back and the long look forward are necessary to keep from getting discouraged.
The biggest one was an injunction against the enforcement of Don't Ask, Don't Tell:
A federal judge issued a worldwide injunction Tuesday immediately stopping enforcement of the military's "don't ask, don't tell" policy, suspending the 17-year-old ban on openly gay U.S. troops.
U.S. District Judge Virginia Phillips' landmark ruling also ordered the government to suspend and discontinue all pending discharge proceedings and investigations under the policy.
[...]
The case put the Obama administration in the awkward position of defending a policy it wants Congress to repeal
(bold-face mine) That last line is important. It's reinforced by another story, this one where a Massachusetts judge ruled that DOMA is unconstitutional:
Tauro ruled in July the federal Defense of Marriage Act is unconstitutional because it interferes with a state’s right to define marriage and denies married gay couples an array of federal benefits given to heterosexual married couples.
President Barack Obama has repeatedly said he would like to see the DOMA law repealed. But the Justice Department has defended its constitutionality, which it is required to do.
Despite the President's preferences, the DOJ has to enforce and defend the law of the land, whether the sitting president agrees with it or not. Otherwise, we would have to support the president meddling in the affairs of the DOJ, something that we railed against when Bush was in office. These will both likely make it to the Supreme Court before Congress does anything.
But there is still some good news out there. In FL, where a court overturned a gay adoption ban, the state agency that is tasked with enforcing the law has decided not to appeal it's overturning by a district court:
Florida's gay adoption ban won't be enforced anywhere in the state after the Department of Children and Families decided Tuesday not to appeal the ban's overturn to the state Supreme Court.
The only way the case stays alive is if Attorney General Bill McCollum separately decides to appeal to the Supreme Court to keep the ban in place. He would have to do so without the support of the child welfare agency, which is changing its forms so adoptive parents aren't asked if they're gay.
If McCollum doesn't appeal, it will end the three-decade old ban that was considered the strictest in the country. The state's 3rd District Court of Appeal last month upheld a 2008 ruling by a Miami-Dade judge, who found "no rational basis" for the ban when she approved the adoption of two young brothers by Martin Gill and his male partner.
All of this has to aggravate NY Gubernatorial candidate Carl Paladino, who made some nasty remarks about gays over the weekend (remarks that put Bill O'Reilly and Ann Coulter on opposing sides - really). We can take some relief from the knowledge that his attitude is becoming more and more in the minority. Most Americans have a "live and let live" attitude toward most things, and - in particular - support the repeal of DADT and support gay adoption (the jury is still out on DOMA - education is the key here).
Progressives take heart - this is how progress happens. It occasionally lurches forward surrounded by long blocks of status quo. However, it is the persistent actions taken during the lulls that allow the lurches to happen. The long look back and the long look forward are necessary to keep from getting discouraged.
