Home -> Law Blog Directory -> Legal Commentary Blogs -> Althouse

Legal Commentary

: Althouse

Should/must/will the Democrats repeal DOMA?

In the wake of the "yes" vote on California's Proposition 8, Glenn Greenwald urges congressional Democrats to repeal the Defense of Marriage Act. [Correction: I wrote "no" before. "No" lost. I meant "yes." Sorry for the confusion.]

Barack Obama has, on numerous occasions, emphatically expressed his support for repealing DOMA. When he ran for the U.S. Senate in 2004, he wrote a letter to Chicago's Windy City Times, calling DOMA "abhorrent" and its repeal "essential," and vowing: "I opposed DOMA in 1996. It should be repealed and I will vote for its repeal on the Senate floor." But he went on to cite what he called the "the realities of modern politics" in order to proclaim (accurately) that DOMA's repeal at that time -- 2004 -- was "unlikely with Mr. Bush in the White House and Republicans in control of both chambers of Congress." After Tuesday, that excuse is no longer availing.

Democrats have a particular responsibility to erase the stain of DOMA. It was Bill Clinton who signed DOMA into law....

This would be a vital step that Democrats could take quickly and easily. But are they likely to do so?

No, because they're not stupid and they want to stay in power. That's my answer. Here's Greenwald's:

The conventional Beltway wisdom has already ossified, quite predictably, that Obama and the Democrats must scorn "the Left" and, despite polling data showing widespread support for equal rights for same-sex couples, such a move would be deemed by Beltway media mavens as coming from "the Left." Nancy Pelosi is running around decreeing that "the country must be governed from the middle," while Harry Reid emphasizes that Democrats have received no mandate from the election. And, most significantly of all, Democrats are being told they must avoid the "overreaching" of Clinton's first two years, defined by his attempt to eliminate the ban on gay people serving in the military -- something likely to scare Democrats from touching any gay issues.

Combine all that with the fact that only a small minority is actually affected by DOMA's injustices, that many Democrats will insist none of this is worth the "risk," and that many Obama supporters will refuse to criticize anything he does (marvel at the number of commenters here saying that Obama's choice of Rahm Emanuel as Chief of Staff is right because . . . it is Obama's choice -- just look at this, this, this, this, this, this, this, this, this). Even as leading Democrats flamboyantly condemn Proposition 8, and even with Obama's long record of emphatically vowing that he will support DOMA's repeal, there will be very strong currents pushing Democrats to do nothing.

Greenwald, who surely must be paid by the word, never answers his own yes-or-no question. He goes on to express his desire for a repeal. But I think if he were honest and straightforward and remembered his own question, he'd say what I said: No, because they're not stupid and they want to stay in power.

IN THE COMMENTS: Dody Jane says:

They should repeal it. They should be who they whisper they are. They have the power now. They should do it. I am sick of tippy toeing. They way I look at it, my daughter's generation will eventually get aroud to it in 20 years anyway. It is inevitable. It is a liberal issue, liberals have the power now, liberals need to be big boys and as NIKE would say, just do it.

Full post as published by Althouse on November 06, 2008 (boomark / email).