Friday, June 12, 2009


The Obama administration has released a brief regarding a suit filed by a married male California couple against the federal Defense of Marriage Act. Neat! Unfortunately, the brief, in a variety of ways, tells us to STFU and marry a straight person if we want our slice of the government's precious, limited pie.

I don't often link to Aravosis, but the man is a lawyer, and he parses the brief at length and better than I could. I will just add my two log-cabin-backed pennies to the discussion, regarding this:
Loving v. Virginia is not to the contrary. There the Supreme Court rejected a contention that the assertedly "equal application" of a statute prohibiting interracial marriage immunized the statute from strict scrutiny. 388 U.S. 1, 8, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967). The Court had little difficulty concluding that the statute, which applied only to "interracial marriages involving white persons," was "designed to maintain White Supremacy" and therefore unconstitutional. Id. at 11. No comparable purpose is present here, however, for DOMA does not seek in any way to advance the "supremacy" of men over women, or of women over men. Thus DOMA cannot be "traced to a . . . purpose" to discriminate against either men or women.

Miss the point, much? No, the purpose of DOMA is clearly not to discriminate against either men or women. That's because the purpose of DOMA, and even more so the purpose of the defense offered by the administration, is to discriminate against both men and women who happen to be gay. And when Obama's lawyers start trotting out the legalese equivalent of "you have the same right as everyone else to marry someone of the opposite sex," well, I start putting my fist through the nearest wall.

Patience, my ass. Putting off action is one thing. Actively working against a cause you pledge your support to whilst campaigning for dollars and votes is entirely another.

Maybe one of my lawyer friends can talk me down. You guys enjoy a challenge, no?

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