The
Defense of Marriage Act makes John Boehner weep. Not because of how
sadistically cruel it is to gays and lesbians, nor how unconstitutional. No,
DOMA makes him weep because he is in love with it. I dare say that Boehner
wants to marry DOMA.
But he
can't. Because that's not legal. However, Boehner can live in sin with DOMA so
long as it's still on the books. And he's fighting like hell to keep it there.
You may
recall that President Obama declared that DOMA was unconstitutional and that
his administration wouldn't defend DOMA in court. Boehner went bananas and
decided that if Obama wouldn't defend his beloved DOMA, then he would,
personally. Not by himself, mind you, but with the help of a Bipartisan Legal
Advisory Group. Don't let the name fool you. There's nothing bipartisan about
this group. It has a decidedly pro-DOMA Republican majority telling House
lawyers what to do. The two Democrats in the group are basically window
dressing.
On
October 8 Boehner graced the stage of the Value Voters Summit, one of the most
anti-gay conventions in the United States. "I've raised my hand to uphold
and defend the Constitution of the United States and the laws of our
country," said Boehner. "And if the Justice Department was not going
to defend this act passed by Congress, well, then we will. And we have defended
the law that the Congress passed."
Boehner
and Company's latest legal maneuver is to argue that because gays and lesbians
have political clout they don't deserve the kind of legal protections that,
say, racial minorities receive.
Oh, got
it. Since homosexuals aren't downtrodden little match girls, they're on their
own. The government isn't going to step in and protect them from discriminatory
laws.
Also,
the pro-DOMA congressmen argue that DOMA isn't bothering anybody. "There
is nothing intrusive in the least about DOMA," they said. "It is
simply a definitional statute that defines, for federal law purposes, marriage
and spouse."
Got it?
It's just a simple little definition. No harm no foul. Unless, of course, you
consider what falls under "for federal law purposes." If a gay couple
married in, say, Massachusetts moves to, say, Michigan wants to file a joint
tax return, no dice. Social Security survivor benefits? Nope. Need an I-130
visa so your immigrant spouse isn't deported? Too bad, so sad.
But hey,
that's not intrusive at all.
"A
spate of recent news stories only confirms the conclusion that homosexuals are
far from politically powerless," the filing says. "Accordingly, gays
and lesbians cannot be labeled 'politically powerless' without draining that
phrase of all meaning."
In other
words, "Quit yer whining, homos. Sure you're still discriminated against,
but you're not discriminated against as much. Any less discrimination and you'd
practically be full-fledged citizens worthy of respect and protection under the
law." And that'll happen as soon as monkeys fly out of Boehner's (totally
not gay) butt.
If only
gays and lesbians were "politically powerless." Ah, to go back to the
pre-Stonewall days.
Actually,
Boehner and his boys are right. If it weren't for Stonewall and the brave gays
and lesbians of that era there probably wouldn't be a DOMA at all. DOMA was,
after all, a reaction to the growing visibility and political savvy of homos.
And once homos stopped letting themselves to be loaded into police vans and
started fighting back, it was hard to argue that they were weak and pathetic.
The strength of gays and lesbians has only grown.
No
wonder Boehner's afraid.