Confirmed: PBO’s DOJ will stop defending DOMA

Confirmed: The president decided that DOMA is unconstitutional and has asked his DOJ to stop defending it in court.

Here’s Eric Holder’s statement:

The Attorney General made the following statement today about the Department’s course of action in two lawsuits, Pedersen v. OPM and Windsor v. United States, challenging Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as only between a man and a woman:

In the two years since this Administration took office, the Department of Justice has defended Section 3 of the Defense of Marriage Act on several occasions in federal court.  Each of those cases evaluating Section 3 was considered in jurisdictions in which binding circuit court precedents hold that laws singling out people based on sexual orientation, as DOMA does, are constitutional if there is a rational basis for their enactment.  While the President opposes DOMA and believes it should be repealed, the Department has defended it in court because we were able to advance reasonable arguments under that rational basis standard. 

Section 3 of DOMA has now been challenged in the Second Circuit, however, which has no established or binding standard for how laws concerning sexual orientation should be treated.  In these cases, the Administration faces for the first time the question of whether laws regarding sexual orientation are subject to the more permissive standard of review or whether a more rigorous standard, under which laws targeting minority groups with a history of discrimination are viewed with suspicion by the courts, should apply.

After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.  The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.  Given that conclusion, the President has instructed the Department not to defend the statute in such cases.  I fully concur with the President’s determination.

Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit.  We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation.  I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option.  The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation. 

Furthermore, pursuant to the President’s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President’s and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3. 

The Department has a longstanding practice of defending the constitutionality of duly-enacted statutes if reasonable arguments can be made in their defense.  At the same time, the Department in the past has declined to defend statutes despite the availability of professionally responsible arguments, in part because – as here – the Department does not consider every such argument to be a “reasonable” one.  Moreover, the Department has declined to defend a statute in cases, like this one, where the President has concluded that the statute is unconstitutional. 

Much of the legal landscape has changed in the 15 years since Congress passed DOMA.  The Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional.  Congress has repealed the military’s Don’t Ask, Don’t Tell policy.  Several lower courts have ruled DOMA itself to be unconstitutional.  Section 3 of DOMA will continue to remain in effect unless Congress repeals it or there is a final judicial finding that strikes it down, and the President has informed me that the Executive Branch will continue to enforce the law.  But while both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this Administration will no longer assert its constitutionality in court

124 thoughts on “Confirmed: PBO’s DOJ will stop defending DOMA

  1. They’re going after DOMA from the courts, and the DOJ will no longer defend this federal statute because the Obama administration considers it unconstitutional. Very big deal.

    Perhaps the Koch brothers can ship some of their tea party “grassroots” protesters to DC, lol…

  2. Are we sure this isn’t a hoax? I can’t think of their name, but they’ve used official letterheads and such in the past and released press statements on political matters.

  3. Yep, and I expect the PLers will refuse to acknowledge their mistake or give Obama any credit for this move.

  4. Askew,
    It all goes back to when POTUS was in rev wrights church and what he supposedly taught there. That marriage should only be between a man and a woman. The PL picked up on that, and have not eased up since the 08 election!

    PEACE-

  5. This is excellent news. I am thrilled to see Obama moving forward on this. To quote someone on twitter, at the rate Obama is going Clinton won’t have much of his legacy left. Obama’s already gotten rid of DADT, this decision with DOMA. Now, all he needs to do is re-negotiate NAFTA and fix Clinton’s awful welfare reform bill.

  6. A lot of it is just racism. The PLs on DK have posted some pro-gay diaries that used appalling racist language.

  7. It’s on MSNBC as well, but discussed from more of a “he got pranked” vantage point. I hope to see more people discussing the actual content of the call, particularly, his assurances to business pals that he’s not going to waver from the collective bargaining demands. There’s stuff on that call which should highly motivate a recall effort for him, and for the GOP senators aiding and abetting this corruption.

  8. The pending cases will still go forward but the DOJ will no longer defend them. Congress or the courts are the only ones who can overturn DOMA.

  9. BWD, that’s excatly what the PL will say. They were so exhausting when I was listening to them.

  10. Jovie, you’re too generous. From what I read in the aftermath of Prop 8’s passage in terms of black people (6% of California) blamed for that legislation, I do not believe for one second that there is any sort of reasoned or logical basis for POTUS being called a homophobe despite all evidence to the contrary, with the numerous items which he’s put in place to advance GLBT rights simply dismissed. And mind you, there are the “insta-experts” who find POTUS lacking in all things, who threw in their voices in this “POTUS doesn’t care about gay people” false narrative.

  11. I believe that this is something the President has been working towards since he began his Presidency.. before his term(s) are over, we will indeed be a changed country, imo.

  12. I have turned to the News channels to see if they would said anything about this. The MSM is failing at their job. They were all discussing Lindsay Lohan except Fox was talking about the deficit. I also seen at the bottom of CNN that Obama’s popularity has fallen in all states, but nothing about this. Yes this is the liberal media.

  13. Let’s hope that he stays focused and tells this story straight. Damn shame that the left is finally out on the streets yet we still get muddled messaging trying to insert POTUS in the middle or disparage him.

  14. I agree with you, I do Not agree with any KOS, it is what they THINK!

    also, do you know how many times I have had a run in with KOS about this very issue?

    In fact, any time I have a diary, I get attacked by the same people over there, everytime!

    Peace-

  15. We’re already changed, sheri!

    “What the cynics fail to understand is that the ground has shifted beneath them…”—President Barack Obama

  16. Just learned that the Michigan state legislators have passed a bill to CLOSE half the public shools in Detroit!

    No MSM rreproting on this, just the libya stuff and our economy is doomed shit!

  17. How the h–l can you decide to close half the schools in a city as big as Detroit? And if you are stupid enough to do that, how do you bus all those kids around? Arseholes.

  18. go into http://www.crooksandliars, check out the video. This is hot. “Scott Walker just got the Sarah Palin’s treatment when someone called him while posing as David Koch. Just like Palin, Walker believed it and fell into the trap.
    “Greg Sargent at the Washington Post has confirmed it is a real call. The transcript is unbelievable. I really think that even outside Wisconsin’s constitutional limits regarding recalling the governor, that Walker needs to step down now. Not for getting punked, but what he admits to considering with the man he assumes is Americans for Prosperity funder David Koch.”
    the video is unbelievable.

  19. Lets hope Lt Choi can get his republican friends to bring up for a vote. maybe pl will see who was really fighting for them. The president said in campainging. If they bring to the floor and pass he will sign it into law.

  20. I only listened to part of it and am just stunned. This to me is an open admission of secret collusion with “business friends” to bust up a union, with this guy giggling about it with what he thought was one of the billionaire ideologues who created the teaparty astroturf, with the impersonator expressing complete hostility towards workers with Walker’s agreement. This is awful. Utter corruption.

  21. This is a big deal. BFD. I can hear the painful howls of the conservatives–the sky is falling, the sky is falling. Yahoo. Been waiting for this for a long time.

  22. This is precisely what they needed to tighten their resolve. And I bet that union heads are literally dancing. I hope that they play these tapes over and over again at the protests. Walker just gave them soundbites for days, and is providing an education to the kid protesters about what a corrupt politician sounds like, and why unions and the left were forced to get into the streets to stop this corruption. Thanks, Walker!

  23. LOL! I am sure the tea crowd will start screaming and marching. “This will destroy our country.”

  24. Unless and untill the Saudis stop their atrocious assault on women, they have not made a good move. Imagine living somewhere that forbids you to drive, go out in public without a male escort, etc., etc.

    Wish they were next and that the uprising was led by women.

  25. Wow listening to this now gn, interesting how Walker makes small the amount of protestors there today. And really interesting how willing and enthusiastic he/walker is about telling govt business to the koch impersonator.. he’s so obviously obligated to Koch. Sickening stuff, just putrid.

  26. I think somebody needs to make a much shorter vid combining all of the most inflammatory remarks by Gov. Walker. Right now it’s a “hahaha he fell for a scam” not “Why is Governor Walker talking for 20 minutes with a person he believes to be David Koch, telling him how he promised his business buddies he will not cave, and comparing himself to Ronald Reagan – which is incredible proof he is union busting”.

  27. Its super disturbing listening to him talk of laying off 5000-6000 workers with such ease. I mean he was elected to SERVE the people of his state, for him this is so obviously about ‘not caving’. I’m sorry but this guy is a true ****ER.. and ever so pleased with himself.

    He says “Hell even FDR got it”. Talk about a freaking ego.

    Come on WI- recall this POS. Make him eat his words.

  28. Walkers response to “we sent Breitbart down there”:

    “Good Stuff”

    Absolute scoundrel. oooh and loves him some Fox news.

    Listen up Nevada: Walker says Nevada Governor called to give him support last night. Hes naming lots of names folks.

  29. Koch impersonator: Now what else could we do for you down there?

    Walker: Well the biggest thing would be-and your guy on the ground [Americans For Prosperity president Tim Phillips] is probably seeing this…

    *************

    Koch: We’ll back you any way we can. What we were thinking about the crowd was, uh, was planting some troublemakers.

    Walker: You know, well, the only problem with that –because we thought about that. The problem-the, my only gut reaction to that is right now the lawmakers I’ve talked to have just completely had it with them, the public is not really fond of this… My only fear would be if there’s a ruckus caused is that maybe the governor has to settle to solve all these problems…. Let ‘em protest all they want…Sooner or later the media stops finding it interesting.

    *************

    Walker: This is an exciting time … . that was the first crack in the Berlin Wall because the Communists then knew Reagan wasn’t a pushover. …

    Koch: [Laughs] Well, I tell you what, Scott: once you crush these bastards I’ll fly you out to Cali and really show you a good time.

    Walker: All right, that would be outstanding. … Thanks for all the support…it’s all about getting our freedoms back…

    Koch: Absolutely. And, you know, we have a little bit of a vested interest as well. [Laughs]

    Walker: … Thanks a million!

    *************

    This is a “public servant”??? GTFOH, this is an open attempted collusion with big business, with mention of “your guy on the ground” the so-called “grassroots” teaparty Americans for Prosperity “counterprotesters,” “we thought about that” in terms of agent provocatuers and plants, and plans for Koch to show him “a really good time” after he busts up the public employee union.

    The people who voted for this guy voted in a crook!

  30. Exactly. We need the damning soundbites compiled into a short video. I care less about the prank and more about the utter corruption on display in this call.

  31. Ugh, what an ugly glimpse into the GOP rat’s nest, but what an opportunity to strengthen the resolve of the protesters and Dem senators. Straight from the horse’s mouth!

  32. Someone Posted on PlanetPov (OT thread)that Tom Hartman was discussing all the legal ramifications in Walker’s conversation.

  33. If you speak in acronyms, please also include definitions. There are many non-native speakers in our country, and many of we old timers that are not caught up on all the political acronyms.

    Thank you!

  34. I’m posting what you typed up onto my facebook page, thank you for doing that gn.

    He is a CROOK. I hope to hell the union leaders are on this ASAP. We can bet that if this were a Democratic governor caught this way- it would be 24 hour news, soundbite by soundbite- the media would be foaming at the mouth over this entire convo.

    Just utter filth, as you say a Crook- in all his glory.

  35. Oh wow, I forgot about the existence of that Republican dressed in liberal garb, Dan Choi. Ever since he lost his “obama will never get dadt repealed” platform, he hasn’t had anything to bring attention to himself over. I guess he will be handcuffing himself to the WH fence in 5 4 3 2 1…..*sigh*

  36. Ugh, I made the mistake of going over to the GOS to get an idea of the reaction, and the first diary on it I clicked on devolved about 10 comments in to a piefight about how the DFH’s were right and how we were all just stupid bots who were WRONG WRONG WRONG and going on about DADT and all other sorts of wrongs. When people attempted to point out that DADT and DOMA weren’t the same at all and actually required different paths and different legal ramifications to consider, that was ignored.

    Yeah, do not miss that place.

  37. Good to know about the Nevada governor. His popularity is cratering right now. Finding out that he called Walker to offer support definitely won’t help him. The unions are really strong in Nevada.

  38. Yup; the guy who went into the private sector and made money and thus who Walker assumes will be open to pressure by his business friends. Wow. I’m trying to digest what I’m hearing in terms of a public servant who thought that he was talking to a corrupt billionaire just gleefully colluding about this scheme to bust up the unions. OMG.

  39. At this point, they make me laugh. They are beyond pathetic. And they’re plain stupid. They don’t have the slightest idea what would happen in this country without PBO.

  40. Hes going to lie and say either it wasn’t him.. or he knew it was a fake call and thus ‘played’ the caller. Or he’s going to admit it and tell us all how innocent of any wrong doing he is. No doubt he and his lawyers have been huddled up for a couple of hours now crafting his response. Which the national media will help him in pushing. Hopefully, the local WI media won’t allow him to get away with it. My guess, he won’t be answering any questions.

    This is on the people of WI now, they’d better decide if this is really who they want representing their state?? They’ve got their very own Sarah Palin at this point.

  41. That’s key info. I hope this call puts that Dem back in line and gets him to stop working with Walker as Walker is not negotiating in good faith.

  42. Good, because you can’t tell me that it’s ethical for a governor to attempt to collude with a billionaire like this, especially the part at which the Koch impersonator says that he plans to fly Walker out to California and show him a good time.

  43. Yeah, I read that diary. I thought maybe the move to DK4 would weed out some of the stupid. It hasn’t. The stupid has just taken over the whole site and kos is bragging about how many views and comments he’s getting now. Who cares if the comments are dumb.

  44. Choice three. He’s going to say that he didn’t say anything on tape which he hasn’t said publicly.

    They’ve got their very own Sarah Palin at this point.

    Bingo. And he also confirmed what we already suspected: this is a multi-state collusive scheme to break up employee unions which has the heavy involvement of the Koch brothers and their phony grassroots teaparty organization run by Americans for Prosperity, with GOP operatives working directly for Koch involved in the counterprotests to the governor’s absolute knowledge.

    3…2…1…GOP false equivalency “but the unions and OFA are involved too.” That’s their mainstay. But this is just damning, because the country no matter that people have some problems with unions and Dems, understands this is so different than a governor being run by a billionaire puppet master behind the scenes. Just crooked.

  45. The story is on the Madison TV stations but a clue may be this from one of them
    2:30 PM. Gov. Walker holds news conference on budget.

  46. Good, seriously folks in Nevada need to be aware of this. The comments about support from NV governor are in the first part of the conversation- that ought to be on the local media all over the state of NV.. imo. Possibly someone can send it out to the local stations??

  47. One thing is for sure. Walker can deny, deny, deny, but no human can outpace or outsmart the speed and accuracy of information travelling through the Internet(s).

  48. Spot.on.gn.

    There must be real consequences for Walker at this point. Legal, ethical, etc. I really really hope the right folks are on this asap.

    And yes to the collusion between states/governors.. again, there must be some sort of consequences for this. I know we cannot count on the media to press this, too many of them are no better than Walker.

  49. I am grateful that President Obama never has, does not, and never will pay any attention to these people. What a disaster his Presidency would be thusfar if he listened to them.

  50. I just went to check for local Madison media response to Walker’s BS.. heres one (WNTV, NBC15) (not very informative or heartening, imo) And at the end is the statement released by Walker this morning about the call:

    UPDATED Wednesday, February 23, 2011 — 10:45 a.m.

    MADISON, Wis. (AP) — Wisconsin Gov. Scott Walker has been lured into a conversation about his strategy to cripple public employee unions by a prank caller pretending to be a billionaire Republican donor.

    Walker spokesman Cullen Werwie confirms the governor is on audio of the call posted Wednesday on the website of the Buffalo Beast, a left-leaning New York newspaper.

    The governor believes the caller is conservative businessman David Koch. He talks about plans for layoff notices and what can be done to punish lawmakers who’ve left the state.

    The caller suggests Walker take a baseball bat when meeting with Democrats. Walker jokes he has “a slugger with my name on it.”

    Brothers David and Charles Koch have given millions to support Americans For Prosperity, which has launched a $320,000 ad campaign supporting Walker.

    Copyright 2011 by The Associated Press. All Rights Reserved.

    __________________________________________________

    Posted Wednesday, February 23, 2011 — 10:25 a.m.

    This morning, the Governor’s Office confirmed that Governor Scott Walker was the victim of a prank call, by a man posing as financial backer David Koch. That prank call is now going viral.

    ***Statement on Prank Call – From the Governor’s Office:***

    Madison—Today Governor Walker’s spokesman, Cullen Werwie, Released the following statement:

    The Governor takes many calls everyday. Throughout this call the Governor maintained his appreciation for and commitment to civil discourse. He continued to say that the budget repair bill is about the budget. The phone call shows that the Governor says the same thing in private as he does in public and the lengths that others will go to disrupt the civil debate Wisconsin is having.

  51. Well, askew, he has a lot of work to do to undo Clinton’s penchant for deregulating. But I think he is proceeding very well at a steady pace.

  52. It was on O’Donnell or Maddow last evening. There will be class sizes of 60 students at a time when we should be DECREASING class sizes drastically. Do the people responsible for this truly believe America can move forward into a lucrative future with a demoralized, poorly-paid populace who do not have access to adequate much less higher education, decent health care and social services? We will be the laughing stock of the entire world and well deserved. A country is only as good as its citizens.

  53. They have been planning this right out in the open since at least last summer and I can’t be more gratified to see “kinks” in this plan.

    Thanks a million to the people marching against this insanity and I have no doubt but that this tape is going to be used extensively to call the GOP out, as well as to call out the Koch brothers for this activity when they could be spending this money helping to create jobs and help their fellow Americans.

  54. I wonder if the Justice Dept would have any interest in whats going on there now with all that Walker said in that phone calls? when I say interest I mean.. whether they’re keeping an eye on whether federal laws are being trampled- with the attempt at union busting.. or is it all in the states hands. Also does anyone know off hand if the Wisconsin Attorney General is republican or democrat?

  55. I’m glad I get to write positive, supportive letters to the White House ever since the beginning of 2009 for a change.

  56. Yep I figured he’d go around it somehow. I’m guessing he won’t be answering questions.

    He’s really very slimy. Right now he’s blaming any loss of jobs/ layoffs onto the WI state dems who left and aren’t ‘debating the bill’. He’s actually blackmailing those dem senators by stating that any job losses will be their fault and the fault of the workers themselves.. no way no how is this the fault of a union busting koch paid for governor.

    utter pig.. I mean he really is the ugly american in all it’s glory.

  57. Whats very scary is that he sounds just so reasonable, so caring, so sensible. I can imagine WI folks listening to him and saying, yeah- he’s really trying to help our state.. he’s looking out for us and those nasty union folk are being greedy. He is the worst kind of scary.. seriously puts me in mind of those smiling Klan and Natzi people.

    Oh heres the first question: about the koch call.. he’s responding that he takes all kinds of calls. And gn nailed it: he says I’ve said the same things in public, nothing on the call was different than in public.

    Scoundrel is too kind of a word.

  58. ohhh he’s not gonna let one prank phone call be a distraction. Yep I bet not. Caught with your pants on fire mofo.

  59. Now how are the poor in Detroit supposed to get their kids to school? I have never heard of anything so insane. Or perhaps since there are so many black families in Detroit, we don’t care if they get to school or not? Hum? I wouldn’t put that past them.

  60. Unfortunately, I did read them. All of the responses were pretty much against the president. Left and Right. Comments from the left were uglier than those from the right.

    It is this kind of anger towards Obama by liberals that frightens me. Will they just stay home and let the repugs win in 2012.

    The purpose of which would be to punish Obama. I do not understand.

  61. Center for Responsibility and Ethics in Washington (CREW) to investigate Walker:

  62. Oh good on them.. I hope a whole mess of folks will be going have him legal wise. There has got to be a way to make him answer to his distortions and to his unbelievably outrageous behavior.

  63. Dorothy, keep in mind the poll that gn listed here yesterday or Monday: Dems are at like 87% approval for POTUS- liberal dems even more than regular and conservative dems- but all close to 90%. Don’t have the link, I’m sorry. So do not let a few ignorant haters online allow you to think that he is not supported by the large majority of democrats and especially liberal democrats🙂

  64. Hello Dannie. What does your avatar (?) say?

    As an old woman, I don’t have some of the lingo associated with all of this.

  65. Great story Bobfr, plus the comments were supportive of the president’s step forward on this issue. The ABC article was filled with anger towards Obama–by the frustrati.

  66. I think there are laws about not taping people if they do not know they are being taped so I imagine not much legally can be done with this information other than swaying voters by having it on the internet.

  67. As always I love this site. I got off the phone a little while ago ordering some books. It turned out the person I talked with was from WI. I then brought up the protest in their capitol building to her and she said her husband was a school administrator there and they were having some interesting talks at home these days as she had once worked for a Union other than teachers there.

    I gathered from her side that the people were with the teachers currently but would probably change if there was a strike and the kids were home from school. Also she said someone had commented that there were better results in Districts where the teachers were treated well. She said that sounded like they were threatening not to work hard to help the kids if there were cuts.

    I mentioned to her that what could be refered to was the fact whenever cuts were made it seemed that classroom numbers went up and gave an example of having 36 in my 5th grade classroom at one time. I had seen the person comment on tv that she was talking about so knew it could be misinterpreted from the news clip.

    Anyhow, it was an interesting conversation and she was mostly positive about not wanting worker bargaining rights to be cut and said even her husband supported that. I had just come from my Art Guild weekly meeting and had a guy in the group confront me with asking me not to be asking others not to talk politics there. I had done that last week as we had agreed in the past not to as we seem to be equally split and the other side is Rush and Fox fans so no amount of facts registers with them. They just start yelling you down. I agreed not to try to tamp down the political conversations as it wasn’t my right to impede free speech, but I would not participate in them as it was my experience that they went nowhere and only got people frustrated.

    He then went over to his spot and started to try to talk to me about politics. He said I should watch Glen Beck as he was right on about this protestor situation in WI. I said I am familiar with Glen Beck and he is an idiot and I am not going to talk about politics with you! He used to be a teacher himself so his views against Unions astound me. Finally, someone else came in and stopped his insane conversation. Of course I will not post this on the OFA blog as it would just feed the trolls over there. So as you can see I was glad to hear this WI lady taking my order was more sane than some of my club members here in this red county.

  68. Amazing! What exactly do people like Choi want President Obama to do? I have said it before and I will say it again, it is crystal clear that sole mission of the PL is to ensure President Obama is not re-elected. They hate him so much that it really doesn’t matter what ever good he does; they will never give him any credit nor let up in their insane attacks.

  69. You really know their games! That “best of all” predictable response from them made me laugh so hard because that’s what I hear every time the President does something they like. They never applaud the President; they always take the credit.

  70. I am always speechless when people, who expect the President to solve everything “with a stroke of the pen,” accuse me of being an Obamabot for pointing out that they live in a land of fantasia. No President, including their mythical heroes, can overturn a law passed by congress, and signed by the President, by simply issuing an Executive Order. Instead of working hard to create a political climate that would force congress to repeal DOMA, all they do is wage vicious attacks on a President who supports their cause, while saying very little about the right wing forces that oppose them. Clearly then, their attacks on President Obama have absolutely nothing to do with his record on gay issues; Rather, these attacks have to do with the fact that many in the PL (“Frustrati”) camp just don’t like the President. There Is nothing he can do that will ever satisfy them. My hunch is that the only thing that will ever satisfy them is his defeat for re-election.

  71. Hi Sherijr,

    Does Dan Choi still identify himself as a Republican? If so, why isn’t he working on his fellow Republicans to urge them to support the repeal of DOMA? More importantly, why is Dan Choi, a Republican, who never misses a chance to attack or denigrate the President, still worshiped by people who claim to be pure progressive Democrats?

    An equally important question, is: Are the people who claim to be the base of the Democratic party, and the keepers of progressive purity, for real? I ask this question because it seems to me that they’ve devoted all their time and energy to attack a fellow Democrat, who was elected President by the majority of Americans, instead of focusing on opponents of their interests. I suppose those, like Don Choi, who claim to speak for Gay rights think that they would’ve been better off if John McCain and Sarah Plain were in office. I think someone needs to ask Dan Choi this question: Were Gay people better off under President George W. Bush and than they are now under President Obama? The questioner must insist on getting a Yes or No answer.

  72. Hi Dorothy, I understand your concern. Lately though I’ve been seriously re-evaluating the genuineness of people who claim to be progressives while attacking the President 24/7. I think people who are making all these non-stop attacks on the President never voted for him in the first place. I think what they are trying to do is poison the air to confuse weak and mild supporters of the President, hoping, as you say, that they will stay home in 2012, thus allowing Republicans to win. I think what we all must do, in unison, is to challenge the credibility of these people who claim to be Democrats. I suspect some of these people may be covert agents unleashed to promote division in the Democratic ranks while posing as real progressives.

  73. Good points Askew. Yet some of the people I know argue that Obama is worse than Bush Jr. Sometimes I ask my self: what is really happening in this country when some people completely lose any sense of historical reality? It is sad to say, but many people are now into instant gratification. Citing the records of Bill Clinton or George W. Bush, our most recent presidents, is considered ancient history. The only acceptable history is the history that indulges in the mythical “Great Presidents” that Obama has yet to measure up to. So even if Obama renegotiates NAFT, people will still complain that he should have done this right away, as soon as he became president, or people will find something to pick on to say that what he agreed on may better than before but it is not good enough. Therefore, Obama is worse than Clinton. Just like Sen. Sherrod Brown’s comment on manufacturing. The Sen. conceded that Pres. Obama had done more that any other previous president for manufacturing but that he had not done enough, or could have done more. So, you may be thrilled askew, but I doubt that the self anointed progressive bashers of Obama will give him any credit.

  74. Indeed GN. This president has quietly engineered fundamental and transformational changes, in just two years, than any other president I’ve lived under in the past 45 years. He has done that without too much help from the streets. I know people are fond of talking about the 1960’s civil Rights successes. People forget that both JFK and LBJ had no choice but respond to the massive Civil Rights protests that had been going on for decades. The Civil Rights Act of 1964 was passed TEN YEARS after the the Supreme court’s “Brown v. Board Of Education” banning segregation in public schools, and NINE years after the 1955 Montgomery Bus Boycott. By the way it wasn’t until the 1970’s that the courts seriously started enforcing the “Brown” decision.

    I am sorry to say but all the critics of President Obama on the gay issue have, in my judgement, been very unfair. I assure you if they had launched massive, and sustained street demonstrations, that convinced the vast majority of Americans, and the international opinion, of the urgency of their cause, the President would have been in a much stronger position to pressure Congress to make rapid Changes.

    Only people who indulge in historical myths believe that the historical changes in Civil Rights were purely a result of a strong president who used the bully pulpit. Unfortunately that is not what happened. In 1960 JFK campaigned against segregation and talked about one area, public housing, where he could use his “Stroke of the Pen” to outlaw it. But the moment he took office, he quickly run into strong opposition from Southern Democrats. In his first two years JFK did not do much about Civil Rights legislation. But, the Civil Rights movement, mainly young people, were staging Sit-ins, Freedom Rides, and other protests. All these protests, which culminated in the 1963 March on Washington, which were met with vicious violence from white segregationists, galvanized the country to support Civil Rights. In a way, both JFK and LBJ, though they faced fierce opposition from Southern white segregationists, enjoyed the support of many Americans, including Republicans, when they passed civil Rights laws. But they were also mindful of the image of America because the struggle for Civil Rights had really won the hearts and minds of the international community, culminating in the 1964 Peace Prize Award to Dr. King. Basically what I am saying is that leftist proponents of gay rights have been more vocal in demonizing the President but have spent little effort in mobilizing people to support their rights. Although many in the PL have been demonizing him on the issue of gay rights, the record shows that President Obama, in just two years, has done more to advance the rights of gay people than any other president in history. And that is the TRUTH!

  75. I “wouldn’t put that past them” either overeseasgranny. Moreover, I think what they are trying to do is to demoralize black people so that they start blaming everything on Obama. Believe me, these people are so determined to bring this good man down that they would do anything, even if it means destroying the lives of innocent people. And the MSM are either looking the other way, or they aiding and abating the Republican insanity. I bet you if they do manage to deny him a second term they will miraculously find the money to do what they say they can’t do. There is no way they can sustain this insanity without people finding out their malicious game plan.

  76. Nathan I couldn’t have said it better. And what’s more, many of these so-called activists, whose only activism was blogging vicious attacks on the President from behind the computer, aligned themselves with fauxgressives (like Republicans Dan Choi, Log Cabin Republicans & Cindy McCain) who did very little for the cause and simply enabled the anti-gay Republicans in their demonization of the most pro-LGBT President we’ve seen in decades.

  77. You have to be very careful of these so-called polls and how they are presented by the media. Did CNN also talk about Walker’s poll numbers dropping by 10 points in two weeks?

  78. This is just so utterly well said; the PL “activists” who consider posting volumes of nasty remarks (some of them outright racist) on corporate websites to be “activism” are fooling themselves. The historical revisionism in the PL is really dishonest and Fox”News”-like. Thanks for such a terrific recitation of history.

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