We knew that we were not electing an activist for gay marriage when we cast our votes for Barack Obama last November. His answers to questions on the issue have been consistent. He’s not for gay marriage, but understands the need for civil unions which allow same-sex couples the opportunity to benefit from the same legal status permanent heterosexual couples enjoy. Because we knew this, we haven’t been surprised to see non-action by the Obama Administration on gay marriage. However, we voted for progress. We voted for change. We voted for a man who we thought would open doors, and not keep them shut tight.

What we didn’t vote for what was the same rhetoric used as pathetic arguments against the gay marriage and the gay community as a whole. Unfortunately, this seems to be exactly what we got with President Obama. In a brief filed by the Obama Administration’s Department of Justice, the administration argued the following:

• As far as civil rights go, gay rights are not on the same level of importance as the rights African Americans and women have fought for in the past, and goes so far as to argue that the US Supreme Court precedent of Loving v. Virginia, where it was ruled that marriage is a fundamental right, should not be applied to the question of gay marriage.
• States may deny same-sex couples the right of marriage just as they can deny marriage involving minors and first cousins.
• Extension of marriage rights to same-sex couples would be a burden to the state due to social security benefits being extended to these couples, including survivor benefits, etc.
• The Defense of Marriage act is constitutional because it doesn’t explicitly deny a right to a class of people, but preserves the rights of states to do so on their own.
• Same-sex couples who are able to marry within their states have no right to federal recognition and benefits of their marriage, and because they’ve not lost any rights they had before marriage, there should be no resource for these couples.
• The Defense of Marriage act is rational. reasonable, and really doesn’t infringe on the rights of anyone.

There are additional points, but the shocking part of the brief is that it went beyond it’s purpose in arguing for the dismissal of the case challenging the Defense of Marriage Act and compared gay marriage to rape, incest, and made arguments diminishing the status of homosexuals in the nation, essentially saying that being gay is merely a choice.

The justice department’s brief is only rational if your looking for widely accepting arguments against homosexuality and gay marriage. It has the feel of being ripped right out of the Bush Administration’s playbook, and reeks of bigotry born from ignorance.

The Obama Administration must be held accountable for allowing the release of this brief. While I’ve often expressed that the gay community should give the Obama Administration time to come through for gay rights, the arguments made in this brief are far from non-action. They harm the gay community. While President Obama is hoping to place a bandage over the wounds he has now caused among these people by announcing tomorrow the extension of health care and other benefits to gay and lesbian partners of federal employees, the gay community should not be appeased by this. We need to speak out, and we need to be forceful.

UPDATE: As it turns out, the Defense of Marriage Act allows states and the federal government to prohibit same-sex couples from having health care benefits. The step Obama is taking is apparent restitution is menial, limited, and largely insignificant.

UPDATE: Read the brief below

Obama’s Motion to Dismiss Marriage case

Related posts:

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3. California upholds their unconstitutional constitution
4. Reflecting on the National Equality March
5. Obama outlines new direction for Afghanistan and Iraq Wars