Saturday, June 13, 2009

The Day After DOJ & DOMA: Worse than you think or necessary evil?

The LGBT blogosphere is still in an uproar over the Obama Administration's Department of Justice defense of the Defense of Marriage Act. After first being outraged, I'm not certain what to think.

At the very least, I do think this shows that the administration of our alleged "fierce advocate" has a tin ear when it comes to working with the LGBT community. Actually, either they have a tin ear or they simply don't think we're worthy of concern. As a political matter, this could have been handled much better.

Where we stand right now...

More legal experts are joining the discussion to argue that Obama's people had to defend DOMA since it is still the law of the land. Other's don't think the defense was necessary.

Bloggers and some law professors are still arguing that Obama's team went to0 far, leaping into homophobe land and, therefore, making legal arguments that will come back to haunt us.

On the other hand, I've found quotes from one former U.S. assistant attorney general, Robert Raben, (who is gay) arguing that the DOJ response actually shows sensitivity to LGBT concerns.

Kerry Eleveld at the Advocate interviewed Harvard Professor Laurence H. Tribe, who wants to see DOMA overturned, but says DOJ was required to defend the law.

The Washington Blade talked to lesbian and gay legal experts who agreed with Tribe.

Law Professor John Culhane says the whole thing is "worse than you think."

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