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Are anti-gay prejudices falling like dominoes?

Posted By Dan Hooper On February 23, 2011 @ 14:37 In Homophobia, Lesbian/Gay Marriage, Public Affairs, Uncategorized | No Comments

Don’t hold your breath, but at least we’re seeing anti-gay legislation tumbling in our lifetimes.

After the U.S. Supreme Court (which has Supreme Clout) decriminalized consensual sex between same-gender couples in Lawrence v. Texas in 2003, and now that the notorious “Don’t Ask Don’t Tell” law, used against sexual minorities in the armed forces, has been repealed, DOMA is the next big domino.

[1] obama-grappling.jpg

Jay Carney, White House spkesperson

Although Obama himself is still struggling with the legitimacy of our relationships, it is heartening to hear [2] from NPR today that Attorney General Holder will no longer defend DOMA in court. Holder issued a [3] well-reasoned statement Wednesday that again tilts the legal landscape in favor of sexual minorities, specifically, lesbian/gay couples:

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.

eric-holder-400.jpg

Holder is very aware of the landscape. He has to also be aware that homophobic conservatives will not take this lying down. Speaking of DOMA, Holder says, “this Administration will no longer assert its constitutionality in court” and of course he speaks only for this Administration. If Republicans have their way —which is truly not certain even after last November’s surge for their party—the Obama Administration would be turned out in January 2013. If DOMA is not repealed by Congress (not likely, given the surge) during the coming months, today’s Justice Department decision not to defend DOMA will be yet another way for the conservatives to beat their drum in the 2012 campaign. Remember: the run for the Presidency is already underway, and begins to obsess the media a year before the election itself.

Wait 24 hours and see what the conservatives say about this news. (Speaker of the House John Boehner is already talking.)  But for today, it is great news.

— Dan Hooper


Article printed from Indwelling Spirit ~ A Blog for LGBTQ Christians: http://indwellingspirit.org

URL to article: http://indwellingspirit.org/2011/02/23/are-anti-gay-prejudices-falling-like-dominoes/

URLs in this post:
[1] Image: http://www.npr.org/blogs/thetwo-way/2011/02/23/133996402/obama-administration-wi
ll-no-longer-defend-same-sex-marriage-law?ps=rs

[2] from NPR today: http://www.npr.org/2011/02/23/133996797/u-s-will-no-longer-defend-anti-gay-marri
age-law

[3] well-reasoned statement: http://www.justice.gov/opa/pr/2011/February/11-ag-222.html

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