Do Ask! Do Tell!
Amsterdam, 13 June 2009. Organizations are scrambling to understand the Administration’s decision this weekend on DOMA. Here’s an explanation from the blog of exile Citizen Crain
“Addendum: Harvard constitutional law expert, Prof. Lawrence Tribe, offers the Advocate another plausible reason for the DOJ filing this lawsuit. Of all the federal lawsuits challenging DOMA, this is the worst one and has the least probability of succeeding. It has a good chance of going to the Supreme Court and losing, thus cementing DOMA constitutionally in place for a long time. The DOJ has merely asked that this lawsuit be dismissed, then made a laundry list of every single argument ever made for DOMA, hoping that one would stick and the case would be thrown out. Tribe seems to think that the GLAD case (you know that group that has been so successful in the New England states) is the best challenge to DOMA out there, but that one (timing wise) is behind this one, so this one had better not reach the Supreme Court before the GLAD case. The GLAD case was crafted to appeal to five or more justices on bases that we are fairly certain they agree with.
If GLAD wins, that will slice DOMA open and some of pieces holding it together will fall apart, making DOMA much more vulnerable for the next lawsuit. The idea is to put a hole in DOMA first, then go in for the kill later. Most experts think the Smelt challenge (above) doesn’t have a chance of touching DOMA at the Supreme Court level, and would only serve to cement it in place for years (think Bowers) if they lose. That’s why it has to be moved out of the way by having it dismissed.
So maybe the DOJ is doing its job (defending the United States laws) and helping the marriage equality cause both at the same time. I mean, if this case doesn’t have a chance at the Supreme Court, knock it off now.
It still hurts to read all those debunked (and even pre-Lawrence) laundry list of arguments being used against us. But I guess if you are trying to get a case thrown out, you use everything you have, hoping that one will stick.
I would feel much better if Obama would simply let us in on what his plan and timeline are to achieve LGBT equality. Since June is Pride month, now would be a good time to tell.
So if any reporters are reading this, the question for Press Secretary Gibbs is, “Can you share with us what is the president’s plan to achieve his campaign promise of gay and lesbian equality and what is the timeline for that plan?”