Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Watched the Maddow/Dean convo about the DOMA brief and have this to say:

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
Plaid Adder Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 11:04 PM
Original message
Watched the Maddow/Dean convo about the DOMA brief and have this to say:
Edited on Tue Jun-16-09 11:04 PM by Plaid Adder
I doubt that the DOJ guys who wrote that brief were intentionally dredging up the most inflammatory language they could find. I think the "language" Dean was complaining about can be explained by something very simple:

The point of the brief was to defend DOMA. There is no way to defend DOMA without resorting to offensive language (and offensive reasoning). Thus, given the fact that someone decided this brief had to be written, it was inevitable that it would contain offensive language.

Why? Because there are only two arguments that can be made in favor of DOMA, and both are deeply offensive.

Argument #1: Same-sex marriage contravenes the word of Holy Scripture and any country that legalizes it is riding the hellbound exptress.

Argument #2: Same-sex marriage is bad for society and therefore should be prohibited by federal law.

Obviously unless you work for a bunch of batshit crazy theocrats you cannot make argument #1 in a legal brief. So you are forced to fall back on #2, which involves explaining why same-sex marriage is antisocial. There is no non-offensive way to do that. In fact, the invidious comparisons are all but inevitable, because the only way to justify prohibiting same-sex marriage is to lump it in with all the forms of sexuality that are explicitly delegitimized because they *are* social evils--such as incest and pedophilia. (In right-wing rhetoric bestiality usually puts in an appearance at this point, but this is a legal brief we're talking about; perhaps there was no relevant caselaw.)

Anyway. My point is, there would have been no way for the DOJ's lawyers to come up with a DOMA-friendly brief that was NOT offensive. DOMA is in itself offensive to GBLT people and so is the act of defending it. Because to assume that marriage needs to be "defended" from people like me, you must first posit that uniting people like me and my partner in legal marriage will somehow corrode the very foundations of our society. Which...oh, forget it, I'm not even going to start.

I asked my partner tonight, "Do you ever wonder whether Obama just plain doesn't care for gay people?" She said, "I think it'd be more accurate if you replace 'for' with 'about.' " Which I think is about right. Like Clinton before him--who signed this fucking law in the first place, let us remember--Obama will do exactly as much for his GBLT supporters as he is forced to do, and no more. I'd say it was disappointing, but really, my expectations on this front were pretty low even before he was elected. So the only thing we can do to bring about 'change' for ourselves is to put as much pressure on him as possible.

Well, there's more ranting stored up in me, but I may as well put it into the letter I'll be writing to Obama tomorrow. For now, let me say this: Yeah, it sucks. It doesn't suck in any kind of new, special, unheard-of way, though; it's just run-of-the-mill court-me-and-then-betray-me straight Democratic politician sucking. So an apocalyptic view of this matter is really not necessary, nor is it that helpful. It's not the end of the world. It won't be the end of same-sex marriage, either. I mean, Iowa, for God's sake. The people are leading, and eventually, the leaders will follow, kicking and screaming all the way.

The Plaid Adder
Printer Friendly | Permalink |  | Top
Patsy Stone Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 11:09 PM
Response to Original message
1. K&R
Always nice to read you.
Printer Friendly | Permalink |  | Top
 
DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 11:13 PM
Response to Original message
2. What you are forgetting - the DOJ had an option of not filing a brief.
Of doing nothing. eos
Printer Friendly | Permalink |  | Top
 
thom1102 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 09:13 AM
Response to Reply #2
9. Exactly.
A President who campaigned on repealing DOMA should have instructed his DOJ to not fight, or to throw the fight. Write a brief so bad that it gets laughed out of the courtroom and DOMA is overridden.
Printer Friendly | Permalink |  | Top
 
ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 09:15 AM
Response to Reply #9
10. Just courious - are you an 1102?
My name is Thom and I was an 1102 with the Department of Energy for a couple of decades.
Printer Friendly | Permalink |  | Top
 
thom1102 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 09:16 AM
Response to Reply #10
12. Nope, birthday!
November 2nd
Printer Friendly | Permalink |  | Top
 
AlbertCat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 08:16 PM
Response to Reply #12
21. November 2nd
Mine too! I had a T-shirt from a group to get out the vote in 2004 that had "November 2" printed across it. I wonder where that is? Anyway... that Nov 2 didn't have a happy ending.
Printer Friendly | Permalink |  | Top
 
ColbertWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 03:59 PM
Response to Reply #2
14. Yup. n/t
Printer Friendly | Permalink |  | Top
 
SeattleGirl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 11:13 PM
Response to Original message
3. Nice to read you again, PA
And I think your bottom line IS the bottom line:

"The people are leading, and eventually, the leaders will follow, kicking and screaming all the way."

Printer Friendly | Permalink |  | Top
 
Cant trust em Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 11:31 PM
Response to Original message
4. What strikes me as odd is the lack of explanation from the administration on it.
If they really felt like they are obligated to defend a crappy law, then why doesn't Obama come out the next day and make a statement condemning DOMA and his desire to see it repealed? He could have scored even more political points with something like, "While I disagree with DOMA, it is currently the law of the land. I do not believe in using politics to pick and choose which laws we enforce. I have criticized George Bush for doing that, and I will not do it as President."

Those are my two cents.
Printer Friendly | Permalink |  | Top
 
ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 05:03 PM
Response to Reply #4
16. Because he would be laughed into smiterines....
Lets apply that logic to the prosecution of the criminals in the last admin; Or illegal wiretapping or any of the other shortsighted decisions this admin has made about who and what to prosecute and what not to prosecute. Sure that'll work.
Printer Friendly | Permalink |  | Top
 
ruggerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 11:32 PM
Response to Original message
5. Nope
The main problem was that the brief argued for rational basis review, which is the lowest level of scrutiny the government needs to argue the constitutionality of a statute. In so doing, the Obama DOJ may have severely wounded future, stronger lawsuits which would try to summarily sweep DOMA aside (and every state statute and constitutional amendment against same sex marriage) in a broad, Loving V Virginia-like decision. There was no need for them to argue the brief this way, and, without a doubt, the author(s) had malevolent intent for both Smelt and any other cases which would seek to invalidate DOMA under both the 14th amendment and the full faith and credit clause.
Printer Friendly | Permalink |  | Top
 
Hekate Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 11:37 PM
Response to Original message
6. Oh Plaid, it's good to see you again and read your thoughts.
Edited on Tue Jun-16-09 11:40 PM by Hekate
I believe you are 100% right that the people are leading and the leaders will follow. History is in motion. So write to Obama as you said you would and tell him what he needs to do and that he needs to do it soon. When even believers like me begin to feel our optimism wilt, it's not good.

All the best to you and your partner...

Hekate

edited for grammar

Printer Friendly | Permalink |  | Top
 
Bluenorthwest Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 08:37 AM
Response to Reply #6
7. But you see, when the leaders are following
they are no longer leaders. Why 'support' them? These 'leaders' who expect to do noting have asked me for money 3 times in 2 days. They say they need money to lead.
Printer Friendly | Permalink |  | Top
 
ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 09:05 AM
Response to Original message
8. This would be easier to read if I had any idea what DOMA stands for.
Not one place in this post is the acronym defined - something required at the first occurrence by convention.
Printer Friendly | Permalink |  | Top
 
thom1102 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 09:16 AM
Response to Reply #8
11. Defense of Marriage Act
the law that says the federal government does not have to recognize marriages recognized in states with same sex marriage, and neither do states that don't recognize same sex marriage.
Printer Friendly | Permalink |  | Top
 
jwirr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 03:55 PM
Response to Original message
13. Is there no chance that this offensive language might actually be the
very reason that the SCOTUS would overturn it? It is discrimination at its worst. Forcing religious views on others, etc.
Printer Friendly | Permalink |  | Top
 
Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 04:03 PM
Response to Original message
15. At this moment, we are witnessing the result of a carefully planned execution of priorities.
Many, many pet issues are in the cue but not at the front.

We'll see how it all plays out.
Printer Friendly | Permalink |  | Top
 
Toasterlad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 05:57 PM
Response to Reply #15
18. Yeah...Obama Throwing Together a Last Minute Gift-Wrapped Turd for the GLBT Community
in order to stop all the Dems from shitting their pants over their gay money drying up is not doubt part of this carefully planned execution of priorities.

But thanks for reducing my civil rights to a "pet issue". How sad I am not able to do the same to you, you privileged jerkwad.
Printer Friendly | Permalink |  | Top
 
Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 07:09 PM
Response to Reply #18
19. "Privileged jerkwad". Nice. You realize that if I called you that here at DU, I'd be banned.
Privileged jerkwad, indeed.
Printer Friendly | Permalink |  | Top
 
Toasterlad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 08:46 PM
Response to Reply #19
23. Oh, Please. I've Been Called Worse By People Like You Here on DU
In any case, feel free to call me a jerkwad all you like. However, it would be completely inappropriate to call me "privileged", seeing as how you have rights that I don't. Whether you deserve them or not.
Printer Friendly | Permalink |  | Top
 
Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 08:50 PM
Response to Reply #23
25. Now you're going to make me cry.
Printer Friendly | Permalink |  | Top
 
Toasterlad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 09:01 PM
Response to Reply #25
26. Yes, the Crocodile Tears of a GLBT "Ally". I'm Sure You Feel My Pain.
Printer Friendly | Permalink |  | Top
 
Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-18-09 06:28 AM
Response to Reply #26
27. I support your cause...
...but you make me sick.
Printer Friendly | Permalink |  | Top
 
Toasterlad Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-18-09 06:59 PM
Response to Reply #27
30. The Feeling's More Than Mutual, My Fellow Soldier-In-Arms.
So happy to have such a loyal ally that will devote all the time he can to GLBT people when he's not kissing hypocritical president ass.
Printer Friendly | Permalink |  | Top
 
AntiFascist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 05:23 PM
Response to Original message
17. Don't forget that Obama himself takes a particularly bigoted position...

when he spoke before the audience at Rick Warren's church stating that he believed heterosexual marriages are particularly sacred. Of course, this makes perfect sense to the Religious Right, but what does it mean when our President and his DOJ begin dictating to us what should and should not be considered sacred? (Also don't forget that a recording of this statement by Obama was used in robocalls by the Yes on 8 campaign, and may have had a profound effect on Prop 8's outcome)
Printer Friendly | Permalink |  | Top
 
AlbertCat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 08:27 PM
Response to Reply #17
22. heterosexual marriages are particularly sacred.
Well, isn't that special? That's just fine for him to say and even think that iffen he wants to. But what does being or not being sacred have to do with the law and civil rights? No one's proposing forcing churches or synagogues to perform gay marriages if they don't want to.
Printer Friendly | Permalink |  | Top
 
AntiFascist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-17-09 08:47 PM
Response to Reply #22
24. Exactly...
Edited on Wed Jun-17-09 08:48 PM by AntiFascist
also, the argument that heterosexual-only marriages are a tradition that has existed for 1000s of years also cannot be defended by the law. Slave-ownership and anti-miscegenation are also traditions that have existed for 1000s of years, yet the time came for them to be overturned as well.
Printer Friendly | Permalink |  | Top
 
ChadwickHenryWard Donating Member (692 posts) Send PM | Profile | Ignore Thu Jun-18-09 12:13 PM
Response to Reply #17
28. I sincerely doubt he meant that.
I have never been convinced by Obama's god-bothering. It seems purely political to me. But you are right on that last point. It is particularly disturbing when a politician starts talking about what is "sacred." The state has no interest in defending what is sacred.
Printer Friendly | Permalink |  | Top
 
cagesoulman Donating Member (648 posts) Send PM | Profile | Ignore Wed Jun-17-09 07:10 PM
Response to Original message
20. And this makes the DOMA brief OK because....
Fuck.
Printer Friendly | Permalink |  | Top
 
dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-18-09 12:17 PM
Response to Original message
29. they could have argued standing alone
they chose not to. They could have refrained from arguing the cases involving incest and child rape but chose not to do that. They could have refrained from arguing that gays are wholly unentitled to any 14th amendment protection and chose not to do that. Sorry but this brief was a whole lot more offensive than it needed to be.
Printer Friendly | Permalink |  | Top
 
Bucky Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-18-09 07:01 PM
Response to Original message
31. "There is no way to defend DOMA without resorting to offensive language and offensive reasoning"
Thank you. Bravissima.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Mon Apr 29th 2024, 09:36 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC