Grappling . . . Grappling . . . I’ll Let You Know: Obama Remains Undecided on Gay Marriage

Some of us have raised objections for the last two years on President Obama’s conflicting positions on gay rights. Now, White House Spokesman Jay Carney was able to nail down concretely the President’s position on gay marriage: he is still “grappling” with it.

The President’s position on gay rights have been so conflicted as to be incomprehensible. For two years, his Administration opposed challenges to the Don’t Ask, Don’t Tell policy by adopting extreme arguments that denied arguments of constitutional protections based on sexual orientation and insisting that the military had the right to discharge people solely because they are known to be gay or lesbian. Notably, the Administration has always opposed claims that sexual orientation should be afforded the same type of protection as gender.

This week, Obama switched his position on DOMA and decided that, after two years of defending the law, his Administration would no longer argue for its constitutionality. Critics noted that this decision seemed driven more by politics than principle since the Administration waited until after the mid-term elections to take the position on the constitutional issue.

Holder’s explanation for switching sides was forced and unconvincing. He notably, however, did not endorse arguments for added constitutional protections akin to gender. Instead, he focused entirely on the lowest rational basis test.

In his statement, Carney would only say that Obama viewed the Defense of Marriage Act as “unnecessary and unfair.” However, the White House refused to say that this was a recognition of the right to same-sex marriage. It is just “unnecessary and unfair.” That puts same-sex marriage in the same category of other “unnecessary” acts like some redundant farm subsidy or denial of ERISA benefits.

The message may seem confusing and jumbled but it is not. The Administration does not accept that gays and lesbians have a constitutional right to marriage. It is only if you reject the constitutional claim that you are left like Hamlet on the Potomac — “grappling” with whether to recognize same-sex marriage as a matter of fairness . . . or politics.

Source: Yahoo

Jonathan Turley

85 thoughts on “Grappling . . . Grappling . . . I’ll Let You Know: Obama Remains Undecided on Gay Marriage”

  1. Bush is still a “beloved president” in Texas believe it or not. I think Obama is probably the best we can do at this point. If anyone has some other suggestions other than a write-in candidate, please post.

  2. James in LA 1, February 25, 2011 at 10:20 am
    ———————
    yup

    James in LA 1, February 25, 2011 at 11:49 am
    ———————
    maybe….

  3. Horus, it’s far worse than mere “hot air.” After two years of continuing the policies of the previous criminal enterprise posing as a presidency, aiding and abetting war crimes and the graft theft of our treasury seem to the least of it.

  4. It’s embarassing to see Obama’s political cowardice so evident and on display for all to see. In other matters he can hide behind his veneer of supposedly being more interested in bipartisanship than conflict and all that other BS his administration peddles. In this case though it is simply and absolutely transparent that he is lying about his “struggle” as though it were some moral consideration that keeps him from backing gay marriage instead of 100% pure political cowardice. Sad how poorly he meausres up as President to his 2008 rhetoric most of which we known now was simply hot air.

  5. Gop hopefuls :This is the poll they just showed,yikes!!

    Huckabee

    Romney

    Palin

    Prepare to beam us scotty!!

  6. rafflaw, I don’t think he has to as the republican candidates go to Iowa in support of the impeachment of the Iowa Supreme court judges who were for gay marriage.

  7. Swarthmore Mom,
    I don’t think Huckabee will make it to the general election. He has to open his mouth too much before then. I think Obama will come out formally for gay marriage just so he can be different from any of the Republican challengers. The song Blowing in the Wind comes to mind!

  8. I don’t find his position unusual at all. I too grapple with same-sex marriage. I think that there is a constitutional issue on equitable rights, I don’t condemn my many near and dear friends whom are gay, but I don’t think I “support” same-sex marriage in the way of rah-rah, it’s good for society as a whole.

    I find it equally surprising that more don’t hold the same stance, and that they find Obama’s response waffling.

  9. All of his potential opponents are courting the anti-gay homophobic vote. After the election he will probably come out for gay marriage whether he wins or loses. Since Huckabee is the top vote getter in the primaries currently and tied with Obama in the polls, we may get a truly homophobic baptist preacher as president.

  10. Well said Mike S.
    I do agree with James that I am happy that they are no longer going to defend this ridiculous law. This President is an incrementalist and it drives me crazy. I wouldn’t be surprised if he soon comes down in favor of gay marriage. Just a guess, as I feel which way the political winds are blowing.

  11. The President’s greatest weakness is that in his attempts to show
    reasonableness he elevates the position of the other side to have equal footing. When you allow bigotry to seem “reasonable” then you empower it and nurture it.

  12. Given no Presidents have even bothered to “grapple,” I’ll take the grappling. I also think it’s deliberate on his part. He can be seen as the reasonable man giving a tough issue considered, adult thought, producing, ultimately, an evolved view.

    In politics, however, it’s called flip-flopping, though this is the sane direction at least.

    I will be impressed when he evolves into calling for the seating of civil grand juries to investigate matters of grand theft and war crimes.

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