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Obama's Legal View of DOMA a Mystery


ROBERT GIBBS 1 X390 (GETTY) | ADVOCATE.COM

White House press secretary Robert Gibbs said Thursday that President Barack Obama believes the Defense of Marriage Act “should be changed” but that he does not know whether the president believes the law is constitutional.

“I have not heard the president intone what he believes the constitutionality of the law is,” Gibbs said in response to a question from The Advocate. “I know that he believes the law should be changed.”

The entire exchange follows:

The Advocate: A growing number of people have started to call on the administration not to defend what the president refers to as the “so-called” Defense of Marriage Act — including Steve Hildebrand last week and the Human Rights Campaign, which is the largest LGBT community lobby and, quite frankly, it’s usually fairly favorable toward the administration, so it was a turnaround for them to call on the administration not to defend that law.

The president has called DOMA discriminatory. Does the president believe that a discriminatory law is constitutional?


Robert Gibbs: I don’t ... the president hasn’t to the best of my ... I have not heard the president intone what he believes the constitutionality of the law is. I know that he believes the law should be changed.

Legal decisions around next steps in that case, I believe, will be made at the Justice Department and I would point you over there to them.

Again, the president believes, in this case, and the president believes in the case of “don’t ask, don’t tell” that those are laws that he has believed for quite some time should be changed.

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Reader Comments
  • Name: Becky Chandler
    Date posted: 7/31/2010 6:16:51 PM
    Hometown: Casa Grande

    Comment:

    Barack Obama taught his law students at the University of Chicago that same sex marriage did not present any constitutional issue. He has never given any indication that his views have changed. On DOMA he does not think that Full, Faith and Credit portion is necessary because he believes that there is already a constitutional prohibition against the states being compelled to recognize a foreign same sex marriage. See "Would Obama have defended the Fugitive Slave Act?"http://bit.ly/cpHh4S

  • Name: Bill
    Date posted: 7/31/2010 12:09:18 PM
    Hometown: Albuquerque

    Comment:

    I think we have no realistic choice other than to support Democrats unless there is a gay-friendly Republican alternative. Am frustrated as well by Obama's lack of movement on major gay issues (although he has done some good stuff by Executive Order). I'm pleased that my Democrat congressman, who represents a marginal district, has been strong in voting for us on gay rights issues; this in the face of a community that tends to be conservative on social issue (big RC Church effort just defeated gay civil unions at the state level). We are making gradual progress; need to keep the pressure on and make headway were we can. I personally contribute to gay campaigns such as Faith in America, HRC, GLSEN, etc that focus on both protecting gays and changing attitudes toward them in the hetero community.

  • Name: G
    Date posted: 7/30/2010 9:37:02 PM
    Hometown: Rhinebeck NY

    Comment:

    I wrote Brian, but I meant Ben, sorry Ben.

  • Name: G
    Date posted: 7/30/2010 9:35:49 PM
    Hometown: Rhinebeck, NY

    Comment:

    Dear Brian, one last comment. Please understand that I do see your points, loud and clear, and your pain is my pain, disillusion, anger, rage, but not the denial. I also want you to know that the Dems don't get my vote automatically. I often write to my representatives and challenge them both intellectually and politically. Example. This year a same-sex bill made it to the State Senate floor, first time ever in our history, but it was defeated. Finally, we were able to identify the Senators who voted against. Hopefully they will be unseated in November. State Senator Saland, my "Republican" State Senator (who certainly doesn't represent me, he replied that his NO was motivated by his strong religious beliefs) might be unseated also because of how he voted against us. But, mostly, he's a bad Senator because his myopic, ultra-conservative, stingy political agenda, not just because he hates gays. That tells me that we must raise our bar beyond gay rights, and look at the big picture.

  • Name: Bryan
    Date posted: 7/30/2010 8:43:22 PM
    Hometown: Pullman, WA

    Comment:

    For Robert Gibbs to say they want to "change" DOMA, rather than "repealing" or "eliminating" it, he is playing the Obama administration's game that has plagued nearly everything: promising one thing, then doing something else and claiming that is what they promised in the first place. "Change" in 2010 means compromising all progressive politics and accepting only very small steps toward the original goal of x (healthcare, finance reform, immigration reform, etc), succeeding in nothing but placating those who don't pay attention or don't care much. What's really frustrating is that no matter what President Obama does, he will be evicerated for it by the conservative media machine. In this age of sharply polarized political argument, Mr. Obama, why not just go for what your actual progressive consituents (like the LGBT population) desire, if you will be raked across the same coals regardless of your attempts to compromise? I can only conclude that he doesn't actually hate DOMA.

  • Name: Ben
    Date posted: 7/30/2010 8:25:34 PM
    Hometown: Los Angeles

    Comment:

    Of course I have all kinds of options, including not to vote. I know all your arguments by heart, but don't think that you are going to sway everyone with them. I admire you for trying to convince others of your point of view and you use good arguments to support them. I know them myself without thinking. I have lived that way all my life. But as I said before, I am voting as I feel not to go with the lesser of the evils. I have done that all my life. As I said. You go your way. I will go mine, wherever that might be. It doesn't mean I will not accept the Democrats. I am saying they cannot take me from granted, which is what you imply when you say I have no other alternative.

  • Name: G
    Date posted: 7/30/2010 6:51:48 PM
    Hometown: Rhinebeck

    Comment:

    @ Ben. Hi Ben, I hear you, feel for you and for all of us. But, what is your alternative? What is your solution? How do you want to change overnight the mind of millions of Americans who don't care about us? The rage in your words is an understandable reaction. Tell us what is your recommendation. Not to vote at the next elections? Disobedience? Or, worse, vote Republican? We have no alternative but to vote for the Dems if we don't want to commit a political suicide. At least, we will have a seat at the table. If not, 8 more years will pass by. You and I are already old enough, let's work for the new generations who deserve a future. All that being said, I agree 100% that President Obama could have done more for us, and I am also very disappointed. But, do you think that with McCain we would have been better off? Think about this January if Republicans take back Congress, or if Romney becomes President. A Mormon? Does Prop. 8 reminds you who Mormons are? BE REAL.

  • Name: Ben
    Date posted: 7/30/2010 5:28:51 PM
    Hometown: Los Angeles

    Comment:

    G - it may not be realistic to you, but it is realistic to me. Obama has said that he does not believe in gay marriage, and that is enough for me to know that he is not really going to push for it. Don't fear. There are plenty of other issues that cause me to vote for the Democrats over the Republicans, but gay ones are not necessarily part of them. You go your way. I will go mine. I'm tired of hearing your arguments. I've heard them forever. Sure we get things little by little. Is that how we deserve them? No! Am I realistic? Yes. I know how they play the game, at least with gays. Withe blacks they didn't say you get to to integrated schools now and then we'll work on letting you drink from the same fountains and then later to ride in the front of the bus. That is what I am tired about with gays.We sit here and say let's wait for whatever crumbs they will dole out to us. You don't understand my anger and sadness because you are probably younger and have time. I don't

  • Name: G
    Date posted: 7/30/2010 4:28:47 PM
    Hometown: Rhinebeck

    Comment:

    @ BEN. In what world do you live? Wake up and be real. We all want our rights, we all want them now and are tired of waiting. But reality is that this is not going to happen. Piecemeal is better than nothing. Don't you understand that there is a big gap between wanting something and not getting it? It's not Obama's fault. And I agree that he could definitively do more. Not going to vote, or voting for Republicans is a political suicide. All the rest is just venting and cursing (which we don't need to promote our cause) and truly unrealistic. Be real.

  • Name: Obama is just another KKKristian
    Date posted: 7/30/2010 2:23:55 PM
    Hometown: USA

    Comment:

    All you fucking morons out there still supporting this asshole need to remember that even BEFORE the election, Obama was anti-same-sex marriage. In an interview with the Chicago Daily Tribune, Obama said, "I'm a Christian. And so, although I try not to have my religious beliefs dominate or determine my political views on this issue, I do believe that tradition, and my religious beliefs say that marriage is something sanctified between a man and a woman." WHAT FUCKING PART OF THAT STATEMENT DO YOU OBAMA-ASS-LICKERS HAVE A PROBLEM WITH FUCKING COMPREHENDING, YOU STUPID, IGNORANT, TWITS?

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