Obama official, Currently No Chance for Repeal of DOMA and DADT

[NorthCarolina]

Obama's highest-ranking gay official says DOMA and the military gay ban currently have no chance of being repealed

John Berry, the highest-ranking gay in the Obama administration, has given an interview on the administration's stance on gay rights.

Speaking minutes before announcing that the administration hopes to secure passage of a hate crimes bill this week, Berry told Advocate.com that Obama may wait until his second term to improve gay rights.

Saying he had been authorised by the administration to speak, Berry told the publication: "Now, I’m not going to pledge - and nor is the president - that this is going to be done by some certain date. The pledge and the promise is that, this will be done before the sun sets on this administration - our goal is to have this entire agenda accomplished and enacted into law so that it is secure.

When asked by interviewer Kerry Eleveld whether this would mean a second term, as suggested by some observers, the openly gay head of the Office of Personnel Management replied: "I say this in a broad sense - our goal is to get this done on this administration’s watch."

The president has promised to repeal the military gay ban and the Defence of Marriage Act (DOMA), which bars federal benefits for gay couples, but gay campaigners have accused the White House of dragging its feet over the issues.

Berry also claimed that Obama has no legal ground on which to oppose current laws, saying: "This president took a solemn oath to uphold the Constitution of the United States and he does not get to decide and choose which laws he enforces … It would be wrong for me or any of our community to advise him to lie or to shirk his responsibility. He’s doing his job."

However, experts have said he does have the authority to challenge laws which may be unconstitutional. Former Clinton aide Richard Socarides, writing on Americablog.com, argued that the president does not necessarily have to defend the law against constitutional attack.

He wrote: "I know and accept the fact that one of the Department of Justice's roles is to (generally) defend the law against constitutional attack. But not in all cases, certainly not in this case – and not in this way. To defend this brief is to defend the indefensible."

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Read the remainder of the article here: http://www.pinknews.co.uk/news/articles/2005-12827.html

[MNDemNY]

1. I am not surprised. But, we still have "Hope".

Gobama!

[Indydem]

2. Yay for change! n/t

[WillParkinson]

3. Bah. Whiners. Crybabies. It's just one prayer.

I'm sure I've forgotten some of the stuff that has been thrown against us.

Wonder what they'll bring out next.

[GodlessBiker]

4. "He does not get to decide and choose which laws he enforces." Berry is full of shit.

"Obama Administration to Stop Raids on Medical Marijuana Dispensers"

http://www.nytimes.com/2009/03/19/us/19holder.html

It seems that some federal drug laws are not worthy of being enforced. I totally agree with DOJ's decision to stop the raids, but it is ridiculous to say that the Administration doesn't decide which federal laws to enforce.

[elocs]

5. So you are saying that flat out, across the board, that Obama may pick and choose

the laws he will or will not enforce?

What if there was a sheriff or chief of police who announced that he would only enforce laws with which he agreed, no matter what the city ordinances or state and federal statutes say? Well if it were a Liberal I am sure there would be much shouting of agreement, but if it were a Republicans there would be shouts about how he must obey the law.

Obama was elected as President of the United States and not ordained as a king. We have done much screaming about Bushco and the rule of law and how he behaved and the decisions he made, so how can we claim that it is then ok for Obama to do whatever he likes just because we agree with his decisions?

[Bluenorthwest]

9. He is required by law to investigate war crimes

and to bring torturers to justice. Instead he gave them a pass. He chose not to enforce those laws. So, the whole 'he has to' argument is devoid of foundation.
What do you say to that? We are required by the law of the land to investigate and punish war crimes. Yet he does not do so. How does that work with your line of 'reasoning'? Explain.

[elocs]

35. My line of reasoning is the idea that it is ok to pick & choose what laws to enforce

as long as we here at DU agree with exactly what laws should or should not be enforced. The notion seems to be that if a law is not liked here, then it need not be enforced, but if it is some that is widely backed such as prosecution of war crimes then it is a moral imperative that the law be enforced. I guess I may be hopelessly trying to discover a thread of consistency.

[GodlessBiker]

18. Are you kidding? Budget and staffing decisions alone contribute to which...

laws will and will not be enforced. Every administration announces its priorities, which filter down to the bottom line of the level of enforcement of various laws, from criminal laws to environmental laws to whatever.

[TheWraith]

7. That's different: there's no law saying you have to raid MM dispensers.

That's simply an administrative policy left over from a previous administration. However, DOMA and DADT are very explicit pieces of law. They need to be repealed by Congress.

[Doc Martin]

14. Can't Obama put DADT dismissals on hold until a study is completed?

Is he powerless?

[LostinVA]

22. Yes, he can do that

[NorthCarolina]

29. He can should he so choose using Presidential Stop-Loss Power nt

[GodlessBiker]

19. There's no law that says the administration has to defend DOMA.

It's a policy decision.

Even at this stage, the administration could recall that vile DOMA brief and substitute nothing in its place.

The federal drug laws are very explicit pieces of legislation, too. I don't think any law (except international law which states that the administration must investigate and prosecute crimes against humanity and the like) states that the administration must investigate and act on every single complaint under whatever law (environmental laws are a perfect example of this). These are policy decisions, and the current administration is making it quite clear what its policy decisions are.

[sui generis]

6. I've seen used condoms with more leadership skills

vuh. Disgusted with the waffle talk. If the constitution said slavery was okay, what would Obama do differently?

Yes, he would address it, make it a priority. That means he's using a discretionary rationale to decide that gay civil rights are less of an issue, constitutionally speaking, than black civil rights.

Yeah, I said that.

[NMMNG]

42. ...

:spray:

And I agree completely.

[t0dd]

8. I love that he assumes he will have a second term

I'd love to make sure he doesn't.

[Doc Martin]

15. For what it's worth, won't invest my shoe leather again

[closeupready]

17. His administration certainly is making that assumption.

Not sure why. Unlike many countries, we are free to vote as we choose.

[FLAprogressive]

10. what a bunch of crap

[Doc Martin]

11. Spineless

I have one simple question: President Obama, do you support the language and reasoning in the recent DOMA brief?

(Whether or not you felt compelled to support existing law is a separate matter)

[LostinVA]

12. Has the President released an statements saying he doesn't?

He was quick enough to release statements after recent same sex marriage rulings saying he doesn't approve nor agree with gay marriage.

[Doc Martin]

13. How did I miss those?

But, I did.

Discouraged and outraged in PA.

[closeupready]

16. Yeah, and yellowcake, WMD's and baby incubators.

:mad:

[One_Life_To_Give]

20. The old "just elect me again and I will take care of you"

To quote the not yet born, Chief Engineer of the Enterprise "Fool me once, shame on you. Fool me twice, shame on me."

[dkf]

21. He has made his choice...health care over gay rights.

I guess he figures the people who may die from lack of health care need to come before the ability of gays to get married and serve in the military.

He can still get GLBT issues done as a lame duck, but health care is a once in a blue moon opportunity.

Opponents of GLBTs are just the religious right, opponents of health care reform are myriad.

[LostinVA]

23. NIce way to spin unequal civil rights and bigotry

[dkf]

26. Are you saying health care is not a civil right?

Frankly I don't know what that means and I don't like his health care solutions either, but this is simply my take on why he has prioritized things this way.

I'm worried passing health care reform will be so expensive its going to crater our economy. But some don't care about that either.

[LostinVA]

32. Still doing it -- niiiice

And, it's well known on here I'm a long-time advocate of SP health.

[closeupready]

24. False dichotomy. We can all walk and chew gum at the same time.

n/t

[dkf]

27. Not really.

I've come to the conclusion that this administration isn't very fast on certain things, like getting the stimulus money spent, or getting enough help at Treasury early on.

They've already got so much on their plate.

Frankly, the latest thing with the way the brief was written is probably because Obama hasn't kicked out all the Bush lawyers and appointed his own. So I do have doubts about their ability to walk and chew.

[Doc Martin]

25. Strategy - I get that; Language of that brief - Offensive!

Can he withdraw the brief?

[dkf]

28. Like I said above, I think he hasn't been walking and chewing

gum very well. I haven't heard anything about getting his appointees to replace all those Pat Robertson graduates, have you?

And in this case strategy is about Political capital and how to spend it. He may be able to create political capital through high approval but he can't divide public attention when he needs to move health care.

[Bluenorthwest]

30. Ah, full plate defense.

[HarukaTheTrophyWife]

31. Because we all know presidents can only do one thing at a time.

[LostinVA]

33. Even Nixon made nice with China AND steered Title IX through Congress

All while waging war in Vietman and illegal war in Laos and Cambodia. And, that doesn't even include his whole list of enemies paranoia thing.*


*I didn't use FDR as an example, which I thought would make some people on here have exploding heads, THAT is why I used Tricky Dick.

[RufusTFirefly]

37. Richard Nixon. More liberal than most Democrats in Congress

Pathetic

[nichomachus]

38. It doesn't have to be either/or. That's just a lie. It's also despicably cyncial.

Actually it's a tactic employed time and time again by the Bush administration -- pitting one constituency against another. Very unworthy of someone who claims to be a Democrat.

[GodlessBiker]

39. +1

[NorthCarolina]

41. Actually, he has labelled himself a "New Democrat"

and the way I took that statement was essentially a conservative "Blue Dog" or "DLC" Democrat, but without the negative identity baggage that those two groups carry with the base of the party.

[nichomachus]

44. Are you saying that

"Democrat" is the new "Republican?"

[NorthCarolina]

46. It does appear to be shaping up that way to me personally

but then again, I am an unabashed Liberal....apparently there is no place for my kind in our government.

[William769]

34. Second term? Over my dead body.

I will do everyhting in my power to see that he does not get a chance at a second term! Fool me once shame on you, fool me twice shame on me.

[nichomachus]

36. All they need now is a 100 percent majority in both houses and

maybe, just maybe, they'll think about it.

This talk about doing it in the second term is absolute bullshit. Because what's going to happen is that the GOP will make this a major wedge issue and grill him every chance they get on these issue. He'll still be whoring for votes from the homophobe communities and will sell us out again.

[AntiFascist]

40. Is this a leader we can believe in?

or a populist politician who only cares about getting reelected?

[mitchtv]

43. I doubt if I can support his other agendas now

After all I have good health insurance. You scratch my back, I'll scratch your's. It will cost too muchtoo help all thos strait people.his enviromental policy is a sham also.

[Neecy]

45. a second term, eh?

Talk about overconfidence...

So Mr. Hope is all about getting himself elected to a second term and the rest of us can just eat shit.