Civil Rights

The gay and lesbian community can be "extremely proud" of the memorandum to be signed by President Obama mandating some federal benefits be extended to same-sex couples, the administration's highest-ranking gay official argued Wednesday.

In a conference call, Office of Personnel and Mangement (OPM) director John Berry defended the administration from withering attacks by some in the LGBT community, who say Obama has not moved aggressively or swiftly enough to expand gay and lesbian rights.

"I think the gay community can be extremely proud that this president stands with us 100 percent on the core issues we care about right now," Berry said, denying that today's announcement was timed to quiet a fever pitch from some activists angered by the administration.

"I believe this is a very strong and important action on both counts and I think history is going to reflect that," Berry explained, referencing the fact that the memorandum will both make those benefits mandatory and extend to transgendered individuals, as well.

"I think what the president is doing here -- this is a first step, not a final step," the OPM director explained. "This is an effort to get our house in order."

He said that there was no timeline for the repeal of the Defense of Marriage Act (DOMA) or the military's "Don't Ask, Don't Tell" policy, saying that the administration would move legislation on those when it felt it had the votes in Congress to overturn those policies.

President Obama's decision to extend benefits to gay partners of federal employees is intended to soothe the anger of his erstwhile gay supporters. But the move only emphasizes the one policy those activists are most eager to change: Don't Ask, Don't Tell (DADT).

The "presidential memorandum" Obama will sign tonight applies to "civil service employees" and "foreign service employees." It's unclear whether military members would fall under one of those classifications, but that's really a moot point. Even if active duty personnel were included in the memorandum, they would be prevented from requesting those benefits by DADT. How can you request benefits for your gay partner when you can't admit you're gay?

Opponents of DADT can now argue that the policy puts gay service members at a material disadvantage compared to the rest of the federal workforce. In effect, the extension of benefits to gay partners only highlights the "exceptional" status of gay members of the military.

Will this concession by Obama soothe gay activists, or just anger them further? In other words, by avoiding the fight over DADT, has the White House intensified it?

Already, pro-gay rights activists are highlighting the irony. A statement from the Human Rights Campaign on the issue ends with this admonishment: "We commend President Obama and his administration for taking this beginning step to level the playing field but we look forward to working with him to repeal the Defense of Marriage Act, overturn 'Don't Ask, Don't Tell' and guarantee the entire American workforce is free from discrimination."

Meanwhile, John Aravosis at AMERICAblog takes a look at the White House fact sheet on the new policy and concludes: "Also, no mention of the military--are they getting benefits? Active duty members too? And if so, how are they going to get around DADT?"

Expect a lot more people to be asking that question in the days ahead.

President Obama will sign a "presidential memorandum" tonight extending benefits to gay partners of federal employees, according to reports.

The White House undoubtedly hopes the move will quell anger among Obama's gay supporters that the President has gone soft on gay rights since taking office.

Activists are angry that Obama has done little to repeal "Don't Ask, Don't Tell" and that his administration defended the Defense of Marriage Act (DOMA) in federal court. DOMA would prevent the federal government from acknowledging same-sex marriage and would allow (though not force) states to not recognize a same-sex marriage performed in another state.

The policy change comes as a number of prominent gay activists are pulling out of a DNC fundraiser to be held later this month.

So far, a number of pro-gay rights activists seem unimpressed with the move (see here and here and here.) The general consensus seems to be that the policy is long overdue, too weak, and a blatantly political response to the imploding fundraiser. Moreover, the "benefits" included in the policy do not include healthcare.

The leader of one of the nation's largest gay and lesbian advocacy group wrote President Obama a letter Monday taking the administration to task for its arguments on behalf of the Defense of Marriage Act (DOMA) in court.

Human Rights Campaign (HRC) President Joe Solmonese said that when the administration defended DOMA in court, "I realized that although I and other LGBT leaders have introduced ourselves to you as policy makers, we clearly have not been heard, and seen, as what we also are: human beings whose lives, loves, and families are equal to yours."

The letter reflects a growing frustration by some in the gay and lesbian community within the Democratic Party that the administration has jilted them on issues such as DOMA, "Don't Ask, Don't Tell," and on appointing an openly gay or lesbian official to a high-ranking position in the administration.

Solmonese said that he held the administration "to a higher standard than this brief."

"In the course of your campaign, I became convinced -- and I still want to believe -- that you do, too," he wrote. "We call on you to put your principles into action and send legislation repealing DOMA to Congress."

Read the full letter here.

A California advocacy group vowed Tuesday to overturn the state's ballot initiative banning same-sex marriages, which was upheld by the state's Supreme Court today.

While strongly criticizing the court's ruling upholding Proposition 8, a constitutional amendment banning gay marriage narrowly approved by California voters last fall, Equality California (EQCA) said it would focus its efforts on overturning the law in 2010.

"Today's ruling is a miscarriage of justice," EQCA Marriage Director Marc Solomon said in a memo. "No minority group should have to defend its right to equality at the ballot."

"We believe, as do the majority of our members, that 2010 is the best time to return to the ballot to repeal Prop. 8," Solomon added. "We must take full advantage of the momentum and commitment people now have to do the work required on the ground."

Solomon acknowledged the difficulty in reversing last fall's vote, but pledged to wage a winning campaign with allies throughout the state in order to reinstitute legal gay and lesbian marriages in California.

The California Supreme Court upheld the legality of Prop. 8 on Tuesday, but said that the some 18,000 same-sex couples married before the proposition passed will still be recognized as married by the state.

Similarly, another group, Californians Against Hate, said in a statement that, "Next year we will win back our rights."

The votes are there on the House Judiciary Committee to repeal the law allowing states to refuse to recognize other states' same-sex marriages, committee Chairman John Conyers (D-Mich.) said.

"Well in my committee, yes, but in the House and Senate, that's a different question," Conyers told the Michigan Messenger in a weekend interview published Tuesday about the prospects for a repeal of the Defense of Marriage Act (DOMA).

A Judiciary-backed bill to repeal DOMA could mark a first step toward a repeal of the 1996 law enacted by a Republican-led Congress and signed into law by a Democratic president.

The law exempts same-sex marriages from states' usual obligation under federal law to recognize other states' marriage licenses. The law also bars the federal government from treating same-sex relationships as marriages for any purpose.

Conyers was one of only 67 members of the House to vote against DOMA in 1996; 342 House lawmakers supported it. Conyers also opposed the legislation in committee, along with eight other Democrats.

Since 1996, three states have established legal same-sex marriage through court or legislative decisions, while others intend to establish those rights later this year. Other states have seen voters overturn court decisions on same-sex marriage, while some state legislatures have elected to recognize other states' gay and lesbian marriages.

Conyers told the Messenger he has "always" supported equal rights for same-sex couples.

National Security Adviser Jim Jones said Sunday he didn't know for sure whether the ban on gays and lesbians the policy would be overturned.

Jones signaled a slower move to repeal the "Don't Ask, Don't Tell" policy than many LGBT activists who supported Obama's presidential campaign have hoped.

"This is, as you know, an issue that is not going to be a light switch but more of a rheostat in terms of discussing it and building," Jones said Sunday during on ABC'S "This Week."

"It will be teed up appropriately and it will be discussed in the way the president does things, which is be very deliberative, very thoughtful, seeking out all sides on the issue," Jones said.

Jones said that the administration had begun preliminary discussions about the policy with the Department of Defense and senior military officials as part of a deliberative process.

"I don't know," Jones replied when asked directly if the ban would be overturned.

"The president I know will reach out to fully understand both sides or all sides of the issue before he makes a decision," Jones explained.

Obama had written a personal note to a female soldier who'd been ousted due to her sexuality, saying it was his intention to follow through on his campaign promise to overturn the ban on gays and lesbians in the military.

A prominent reproductive rights group expressed its dissatisfaction with President Obama's budget Thursday, saying it "abandons millions of women."

The Center for Reproductive Rights (CPR), an abortion rights organization, said it is "deeply disappointed" that Obama's budget left in place the so-called "Hyde Amendment," which bars federal funding for most abortions.

"At a time in our nation's history when Americans at every income level are losing their jobs and their health benefits, guaranteeing access to affordable, quality healthcare, including reproductive healthcare, is imperative," CPR President Nancy Northup said in a statement. "Abortion is the only medically necessary health service excluded from Medicaid coverage. Failure to provide that service -- a service that only women need -- is discrimination."

Northup pointed to Obama's stated opposition to the Hyde Amendment while on the presidential campaign trail, which she characterized as "unjust."

The group, however, did praise the Obama budget for eliminating funding for abstinence-only sex education, which Northup said would protect teenagers' "fundamental right" to accurate and objective health information.

It is way too early to tell whether or not there will be criminal charges filed in relation to the Bush administration's so-called "torture memos," Senate Minority Leader Harry Reid (D-Nev.) said Wednesday.

Reid indicated it may not be until fall before there is any decision on prosecutions.

"I, first of all, think it's very important that we let Chairman Feinstein, who is doing an in-depth investigation, determining what the evidence is in regard to what took place with this interrogation," Reid said in an interview on MSNBC. "That will be finished sometime this fall."

Reid said the emphasis would be to "keep our powder dry" before the results of that inquiry.

The Nevada Democrat also said that leeway should be given to the Office of Legal Counsel to give their professional opinion on the matter.

"You put those two together and we're going to come up with what I think would be the right thing to do," he said. "And I can't make that decision -- what the right thing to do, or can any other senator, until we get those two things done."

President Obama should choose a non-judge to fill the seat on the Supreme Court left by retiring Justice David Souter, Senate Majority Leader Harry Reid (D-Nev.) said Tuesday.

"Well, I personally would like to see us get away from you have to be a judge to be a Supreme Court justice," Reid said during an appearance on NBC's "Today" show. "It think we'd be good -- we could get a governor, we could get a senator or former senator, people with some real life experiences for a while rather than people who walk around in these black robes all the time."

Some candidates for the high court from a political background have included Michigan Gov. Jennifer Granholm (D) and Massachusetts Gov. Deval Patrick (D).

Reid also said he did not expect a Republican attempt to filibuster Obama's nominee, and pointed out that many conservatives had fought against the filibuster of judicial nominations.

"It's not the right time to be talking filibuster. There aren't enough Republicans to do that," the top Senate Democrat asserted. "The Republicans, when they put up this big battle on the nuclear option, one of their reasons for doing this is that they didn't believe that judges should be filibustered. So I don't know how they could do that intellectually, now come back and try to filibuster a judge."