Today (March 20) I spoke with GLTB (Gay, Lesbian, Transgender, Bisexual) Caucus of the Democratic Party of Hawaii. I wasn’t able to answer two final questions I was asked as fully as I wanted: What about repeal of “Don’t Ask, Don’t Tell (10 U.S.C. §654)? What about the Defense of Marriage Act (Public Law No. 104-199)? My main point was, it’s fine that Congress is engaged in a debate about repealing DADT, but we know how that goes. The President has the power to issue an executive order to suspend homosexual conduct discharges. He should do so now. Hundreds of servicemen and women who have served their country with distinction, generally reported to be over 7,900 since January 1, 2000. That has to stop. A February 12-15 CNN/Opinion Research Corp. poll determined that 69% percent of Americans believe openly gay people should be allowed to serve in the military (up from 53% in 1994 when DADT was implemented), and only 27% are now opposed (down from 41% in 1994).
It is intolerable for America to accept the personal sacrifices and patriotism of an individuals, but deny them the right to continue in the service if they publicly claim their identity. I feel strongly about this issue. I hope I left no doubt on my position that Congress must repeal DADT. I will vote to repeal it in Congress. Depend on it. The President should not wait for Congress to act on DADT. The President should issue an executive order suspending discharges. As Commander-in-Chief, he must have a no-tolerance policy on discrimination in the military. No member of the military should suffer any indignity or brutality because he or she is gay, lesbian, transgender, or bisexual.
I did not clarify my position clear on the so-called “Defense of Marriage Act.” Congress shamed itself when it passed this act, as did President Clinton when he signed it. Some perceived that law as barring one state from imposing its will on other statses. Hawaii was expected to pass a “same-sex marriage” law. But that perception was just a cover story that fooled nobody. from imposing its will on sister states, but that was the cover story. It fooled no one. The aw was to stop states from recognizing same-sex marriage. It has the same creepy feeling you get when someone can’t look you in the eye:
No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
The Defense of Marriage Act is unconstitutional. It violates the tenth amendment. A 9th Circuit judge just held that in 2009. The Constitution does not permit Congress to pass such a law. The Constitution did not delegate Congress authority over marriage laws. It should be struck down by the Supreme Court, or Congress should expunge this abomination.
Why do I feel so strongly about these laws? They are wrong locally and impede progress on equal rights globally. Seven countries presently have death penalty laws on their books for consensual same-sex practices (Iran, Mauritania, Saudi Arabia, Sudan, United Arab Emirates, Yemen and Nigeria (not all provinces)). Eighty countries criminalize consensual same-sex practices. All punish those who speak out against those laws or support GLTB rights. It is unacceptable for those countries to be able point to American discrimination and say, “We’re not so bad as they say. The Americans discriminate too.” We cannot be aligned with oppression based on sexual orientation and gender identity. We cannot count ourselves better than them because we discriminate less. They can shrug off our condemnation until we civilize our own policies. We must not discriminate at all.