Constitutional Law

Obama May Face Heat from Progressives, LGBT Community

Ninth U.S. Circuit Court of Appeals Judge Stephen Reinhardt and Chief Judge Alex Kozinski have each issued strongly worded orders that domestic partners of court employees were entitled to health benefits. These orders appear to fly in the face of the federal Defense of Marriage Act and add to pressure on President Obama to heed campaign promises endorsing equal rights for LGBT couples.

'Now, Mr. Obama is in a tough spot. If he supports the personnel office on denying benefits to the San Francisco court employees, he risks agitating liberal groups that helped him win election,' The New York Times reports. 'If he supports the judges and challenges the marriage act, he risks alienating Republicans with whom he is seeking to work on economic, health care and numerous other matters.'

Obama's first misstep, according to many equal rights advocates, was his choice of Rev. Rick Warren to give the inauguration invocation. Warren, an evangelical pastor in California, actively campaigned for passage of Proposition 8, denying marriage equality to lesbian and gay couples.

Federal policy towards LGBT employees is also being highlighted by a renewed push to repeal Don't Ask, Don't Tell (DADT). Rep. Jim Moran (D-Va.) has issued a report disclosing the discharge of 11 more lesbian or gay soldiers under DADT in January, 2009. Those soldiers were the final removals made by the Bush administration under the policy, which, Moran notes, is overwhelmingly unpopular among the American public.

'At a time when our military's readiness is strained to the breaking point from the wars in Iraq and Afghanistan, the armed forces continue to discharge vital service members under the outdates, outmoded ‘Don't Ask, Don't Tell' policy,' said Moran. 'How many more good soldiers are we willing to lose due to a bad policy that makes us less safe and secure.'

Of those discharged in January, there were a human intelligence offer, a military police officer, four infantry personnel, a health care specialist a motor transport operator and one water treatment specialist. Another lawmaker, Rep. Ellen Tauscher (D-Calif.),recently proposed repealing DADT.

Full post as published by ACS Blog on March 13, 2009 (boomark / email).