What Straight Allies Need to Understand About Gay Marriage and States’ Rights
Too many people whose marriages are not up for debate have been griping that President Obama’s announcement was too little, too late. He’s endorsing federalism, argued Adam Serwer in Mother Jones. He’s championing state’s rights, complained left-of-center blogger Digby: “This is the essence of retrograde, reactionary politics and there’s a long history of these ‘sovereign’ states exercising their ‘rights’ to deny minorities their freedom.” Even House Assistant Minority Leader Jim Clyburn was upset with the president’s approach. “I depart from the president on the state-by-state approach. If you consider this to be a civil right, and I do, I don’t think civil rights ought to be left up to a state-by-state approach,” he said Monday.
Such critics of Obama are wrong. They are wrong about what the administration has done and said, wrong on the politics of gay marriage, and — most important — they are wrong on the law.
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![This Week, Obama Helped Traditional Marriage and North Carolina Hurt It
This week, voters in North Carolina, where same-sex marriage was already prohibited, passed a constitutional amendment against the practice, while President Obama, who wields no direct power over state marriage laws, finally affirmed that he favors full marriage rights for gays and lesbians.These were both symbolic moves. Social conservatives assert that North Carolinians were standing up for traditional marriage while Obama was betraying it, an analysis that they earnestly believe. But there’s something they don’t understand.Gays in North Carolina and everywhere else in the United States are never returning to the closet. Gay couples are going to be on television sitcoms, in movies, and dining at downtown restaurants on Saturday nights. Kids are going to have gay friends in school, and they’re going to have straight friends with gay parents. As older people die and kids grow into teens and adults, acceptance of gays as normal is only going to increase. The question that remains is how these gay couples are going to live. When they live together or raise children together, are they going to marry?
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![Why Do We Care What Obama Thinks About Gay Marriage?
President Obama can order the assassination of an American citizen but he cannot order the performance of a same-sex marriage. The problem isn’t his lack of power in the second case but his appropriation of power in the first. Yet his equivocation about marriage may matter in November at least a little; stating a position for or against it could matter a lot; his assassination authority will likely matter not at all. Make war, not love. The targeted assassination of citizens merely suspected of terrorism enjoys popular support (a 79 percent approval rating), while same sex marriage passionately divides us, generating heated controversies that the president hesitates to touch. It’s an ugly portrait of post-9/11 America: More people are concerned with restricting their neighbor’s right to marry than the president’s power to kill. It’s no wonder his position on marriage is “evolving;” so is the position of the public. Besides, if Obama declared for or against gay marriage, his declaration would have symbolic, not legal value. His administration has already exercised the primary legal power it possesses in this debate by declining to defend the Defense of Marriage Act, which denies federal recognition and federal benefits to same sex couples married under state law. DOMA is now subject to a strong 14th Amendment challenge involving a defense of states’ rights, not an invocation of federal, much less presidential, power.
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