Gay Rights Lawyers: Obama Administration Rebuffed Our Requests For Dialogue — UPDATED
Two prominent gay rights lawyers litigating high-profile cases against the Obama administration tell me that their requests to meet with administration lawyers to discuss the cases were rebuffed — something that will further anger gay rights activists who feel badly stiff-armed by Obama on gay rights issues.
In both cases, the lawyers are representing Federal employees whose spouses are being denied protections or benefits under the Defense of Marriage Act. The Obama administration, which is officially opposed to DOMA, is defending the act in court and claiming it precludes the granting of some benefits (like health care) to same-sex spouses of Federal employees — the topic of so much controversy this week surrounding a case in California.
The refusal of meetings raises new questions about the Obama administration’s commitment to gay rights. Activists say the administration’s lawyers should want to meet to discuss such cases, in hopes that opposing lawyers find a way for the administration to legally grant benefits around DOMA, even as it defends the act in court.
But Gary Buseck, the legal director for the gay rights group GLAD, tells me that he was rebuffed after asking Justice Department lawyers earlier this spring to discuss a big case he’s working on: A lawsuit in Boston on behalf of eight married couples and three surviving spouses who have been denied federal legal protections available to spouses under DOMA.
“We thought it would be a good idea to sit down with top folks at Justice to talk about this lawsuit and what it meant and to engage in more cooperative lawyering,” Buseck tells me. “They told us that they didn’t want to meet with us.” The government’s response in the case is due later this month, and gay rights activists are watching closely to see if it’s similar to the one in the California case that’s generating so much controversy.
Jennifer Pizer, the marriage project director for Lambda Legal, had a similar experience on another high-profile case, also in California. She’s representing a U.S. Court of Appeals lawyer who’s fighting the federal Office of Personnel Management. The OPM is refusing benefits to her spouse under DOMA — even though two Federal appeals court judges have said employees of their court are entitled to health benefits for same-sex partners.
“We have communicated through a couple of different channels asking [OPM] to provide legal analysis to support their position,” Ms. Pizer told me. “We said, `At a minimum, give us your legal analysis so we can engage with you.’ The response was, `No, we’re not changing our position.’ That’s not what we expect from an administration whose leader speaks so emphatically about thinking discrimination is wrong.” [See the response from OPM below.]
In fairness to the administration, these lawyers think this is probably likely to change in the wake of the eruption of controversy over the California case. Nonetheless, it isn’t going to sit well with gay rights activists who are still wondering just how committed the Obama administration is to their cause.
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Update: The Obama administration confirms to me that they’ve scheduled a big powwow next week with leading gay rights organizations, at which DOMA is likely to be hashed out.
Update II: The Office of Personnel Management’s general counsel, Elaine Kaplan, tells me that she was unaware that Ms. Pizer had contacted OPM and that upon reading my post, she called Ms. Pizer and will be speaking to her next week to discuss her client’s concerns.
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Is it common practice for special interest lawyers to lobby the DOJ?
One has to wonder if Geraghty at Campaign Spot is correct about Obama and Salisnky: “During the campaign, Obama’s critics laughed and marveled at how quickly the candidate threw inconvenient friends, allies, and supporters under the bus once they became political liabilities . . . Alinsky sneered at those who would accept defeat rather than break their principles . . . There can be no such thing as a successful traitor, for if one succeeds he becomes a founding father.” . . . Moderates thought they were electing a moderate; liberals thought they were electing a liberal. Both camps were wrong. Ideology does not have the final say in Obama’s decision-making; an Alinskyite’s core principle is to take any action that expands his power and to avoid any action that risks his power.”
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When I become a strength to Obama and not a liability, then he will support my rights and his own alleged principals. He took millions of dollars from gay activists and fundraisers in order to acquire power. If supporting their causes is now a liability he is more than willing to forget them.
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http://article.nationalreview.com/?q=MTY5ZTA5NmEwMGY4MTFhNDg2ZDg4NjU2MDkxOGYyYTE=
Yes the Obama administration is failing miserably on this issue. Their behavior is sad and perplexing.
Disappointing, to be sure. But not unexpected this early in Obama’s administration of DoJ.
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You may remember learning during the Dubya-Gonzo US Atty scandal that the traditional barriers between DoJ and the White House had been massively deconstructed. The policy of forbidding contact between WH political staff and DoJ wheels was thoroughly emasculated.
. That was generally viewed with horror by anyone who thought an independent, apolitical DoJ was a good idea.
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Now that Obama and Holder are in, BigO is getting plenty of grief from supporters who are disappointed that the DoJ can’t be turned around on a dime.
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The cases now causing such a stir have been engaged by DoJ for quite some time. There’s a lot of institutional momentum (inertia) behind them. It’s very problematic for the WH political staff to reach down into DoJ’s on-the-ground layers to influence particular cases.
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It will take quite a while for Obama to bring about as much change to DoJ as many would like to see. E.g., his nomination for OPR head (Dawn Johnsen) is still stalled. (Perhaps waiting for Al Franken?)
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Like I said, I’m disappointed but not anywhere near ready to start throwing stones.
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sbj, that is kind of how all politicians are. That accusation has been lobbed at all the best politicians. That is why I wonder what some of us are missing on the gay rights issue. If Obama is abandoning it (which I am not convinced of yet) he must be gaining something else. That is what I fail to see.
@Lola: Moderates, independents, conservative Democrats, evangelicals, blacks, hispanics . . .
Oops… Make that OLC head.
So what exactly does Obama believe about gay marriage? http://www.newsy.com/videos/first_step_or_broken_promise
Related:
http://www.washingtonpost.com/wp-dyn/content/article/2009/06/18/AR2009061803497.html
Obama convinced everyone that he believed whatever they believed. It’s quite a unique trick-although $750m of campaign money helped. If you are gay he winked at you when he said he didn’t support gay marriage-he really does-if you are an atheist- he winked at you when he said that he found Jesus with Rev. Wright and he went to church every Sunday-he really wasn’t religious at all- if you didn’t think we should continue renditions-another wink-if you think he should get a shelter dog-another wink – My gosh- he’s good.
The big pink piggy bank is closed! Not one more dime or vote for any democrat and especialy Obama! my husband and I dealt out ove $3000 to Obama and various Dems in 2008. In 2010, we will take our son on a great vacation instead. We sent in our change of party affiliation yesterday too.
I certainly understand the frustration of the gay community on equality issues. But perhaps Obama’s people don’t see gay people – particularly gay men – as strong supporters of the Democratic Party. Because they’re not – in an election where the public swung +5 to Obama, gay people swung +7 to Walnuts – which is why you see **** like “We sent in our change of party affiliation yesterday.” Does that mean that ignoring your single-issue voting, you support foreign wars, bad health insurance and reduced taxes on rich people? If that’s the kind of Democrat you are, then I don’t see why Obama should lift a finger for you until 38 states have passed gay marriage…
No. It means we’ve had enough of deception, flip-flopping (Obama in 1996: “Unequivocal support for gay MARRIAGE”; Obama in 2008: “marriage is for a man and a woman; I’m against gay marriage; MY relationship is sacred”), being patient, being told to be patient, promises of change and actions and words that deliver NO CHANGE at all.
I’m not a sing;e-issue voter — but enough is enough.
Bush/Cheney told us where they stood with ****. They hated us. They were consistent and never wavered.
I’ll take that over more Dem BS, courting my vote and then, on Day One, selecting an active and rabid anti-gay bully to START the term, ignore the justified and angry response, throw us Gene Robinson who opened … A CONCERT. Do we forget that a Dem signed DOMA? Or Don’t Ask, Don’t Tell?
The Democrats are NOT supportive of LGBTs. Until campaign season, of course.
So, let’s watch Obama’s admin continue to beat us down — until 2011, where some gesture will be made. Not because he cares — HE DOESN’T. But because he needs our votes.
That is NOT change.
“Yes, we can! We just choose not to.”
Wow, Obama is Clinton 2. At this point it is just blatantly hypocritical. Rick Warren at his inauguration was probably an intentional insult to the gay community. GLBT should make a rule – No More money or votes for democrats if they are going to be like this.
mark said– “I certainly understand the frustration of the gay community on equality issues. But perhaps Obama’s people don’t see gay people – particularly gay men – as strong supporters of the Democratic Party. Because they’re not – in an election where the public swung +5 to Obama, gay people swung +7 to Walnuts”–Do you have any evidence to back up that bunch of horse**** Mark? Gay people are one of the most solid voting blocs the Democratic Party has. Your lies further demonstrate the lengths to which some in the party are willing to go to discredit and demonize the gay community to cover up for the homobigotry demonstrated by the Obama administration. This is exactly the same tactic they relied on in the primaries to smear Clinton supporters–they called them all racist republicans. well here we go again. Mark says **** are republicans, can the accusations of racism be far behind?
Isn’t that the truth, gary. I thought the days of being called a “racist” or a “Republican” or “bigot” for supporting Hillary rather than Obama in the primary were over. I am shocked by the comments that I am starting to see by some for not blindly supporting Obama on his time table to repeal DOMA and DADT. I am actually starting to think that some don’t even want us in the Dem party. Well, actually I have heard a few bloggers even say that: “We don’t need your money.” Frightening since that will push the gay community further under the bus.
There’s plenty of evidence. For starters:
“gay men and women represent the only demographic in which John McCain bested President Bush (27% to 19% based on exit polling)” – James Richardson, RNC Online Communication Manager for the 2008 Presidential cycle.”
“NBC exit polling found that among the 4 percent of California voters who identified as gay, lesbian or bisexual, 63 percent voted for Clinton, 29 percent for Sen. Barack Obama…In New York, 7 percent of voters self-identified as LGB and 59 percent voted for Clinton, 36 percent for Obama…”
“I’m still bemused by the drop in gay support for Obama after Kerry. I’d put it down primarily to the fact that the gay political
establishment, with its usual brilliance, fused itself with the
Clinton campaign very early on, and there was a real slice of
Clintonian anti-Obama hate that wouldn’t go away. For much of the
campaign, I expressed surprise at how so many gay men and lesbians were indifferent or hostile to Obama.” – Andrew Sullivan
And remember – these are only self-identified gay people who would reveal said identification to a pollster. Republicans tend to be less willing to talk to exit pollsters, and right-wing gay men like Larry Craig and Mark Foley would never own up to being gay. Add to that gay men generally being to the right of lesbians, and you have a community whose overall support for Obama was tepid at best.
You need to come to grips with where your community really sits on the issues. Gay men are not a solid D voting block.
Obama was not elected bring change to America. He was elected because he was the one most likely to preserve the status quo for monied interests. Every campaign promise he breaks, every corporate payoff he condones are to that end. That’s why he’s done nothing to stop the wars. Everything to funnel money to banks and inurance companies. And why we won’t get any meaningful health care bill.
I never said we changed affiliation from dem to gop. I am mad, not stupid. we are now ind..
hey mark, Clinton is a DEMOCRAT, and the last time I looked, winning 73% (which according to the numbers you give, is the % of **** who voted for Obama) of any voting group is unheard of. Like I said, your facts are nothing but horse**** **** have always been overwhelmingly Democrats. But of course you know that. Your point isn’t to inform but to smear. I suggest before you start calling people Republicans that you take a good long look in the mirror. The kind of underhanded tactics you’re employing look a lot like Karl Rove to me.
I’m sorry, Mark. Am I supposed to feel ashamed that I supported Clinton over Obama in the primary? My goodness gracious. How the heck are your talking points helping the momentum of the LGBT to continue the fight for our rights?
73% is for gay men and lesbians together. Gay men trend more Republican than women do. And many Republicans don’t self-identify and won’t show up in the poll. Some gay men are Republicans because there are issues they find more important than marriage. Think of our gay Senator Larry Craig – how did he do on gay issues?
Don’t feel bad if you supported Clinton in the primaries. Just keep in mind that gay support for Obama has always been tepid. Sullivan’s words – not mine.
I think what Mark is saying is that basic civil rights and promises do not matter to Obama unless he can get a vote or some money out of it.
I think SBJ got it. Obama’s priorities start with who he sees as his biggest supporters and donors. Anyone who thinks that gay people are at the top of that list is delusional.
mark, only 47% of all men voted for Obama (according to CNN exit polls). Do you seriously expect anyone to believe that fewer gay men than that voted for him? And according to your twisted logic, wouldn’t that mean that Obama should shun the priorities of all the men in this country? And again you’re pulling assumptions about gay men/ lesbian voting habits out of your ***. Gay men, along with lesbians have always overwhelmingly supported the Democratic party. Your Rovian attempts to smear us won’t work.
I suppose I was unclear: gay white men did not vote for Obama. Obama only got 41% of the white male vote, not 47%. And yes, there are lots of people arguing that Obama’s agenda shuns the priorities of white men. Haven’t you noticed the stockpiling of guns all around the country? Or is that as untrue as the fact that gay white men aren’t reliable Democrats? There’s no need for Karl Rove here: swinging 12 points away from the electorate and towards Sarah Palin says enough.
Obama made sure that he covered the loss of money and vote that would inevitably dry up from the gay community with the extension of Bush’s Faith Based Initiative. His only change was his executive order to provide a legal process for organizations to go through in order to ensure hiring is non-discriminatory. Wow thanks! That order did not rescind the provision to allow faith-based groups to discriminate in their hiring practices. Within the fist 20 days of his administration he made his position clear that the gay vote was replaceable. Hell, he made it clear with Rev. Warren on day 1.
Don’t feel bad Mark, if you voted for Sarah Palin in the GE.
Mark I’m appalled by your homophobic image of the gay community. You’re obvious hatred of ****, especially gay men, which is demonstrated by your ongoing demonization of us, is exactly why we can not delay our demands for full civil rights. We need them right now. Your scapegoating of one group to appease the majority has frightening undertones. Until we have protection by law from bigots like you we are in danger. Thank you for reminding my gay brothers and sisters what we are up against.
Well, Obama received an incredible amount of $$ from banks and financial institutions. I guess the new liberal principle is too look out for wall street above main street, which he is doing by the way. And that’s AOK with liberals??????
I think NOT!
But it is according to the wolrd of Mark……
As a matter of fact, all I kept hearing from obama supporters is that Obama had to play the game to get elected but that he would be a wonderful advocate against torture, for healthcare and for civil rights and for main street.
The exact opposite has occured. Obama is who he said he was and everyone ought to start believing it.
Appears to me Mark is working up to never fail obama supporter tactic. anyone who disagrees is a racist.
is that what you are getting at Mark?
Too bad your real bigotry is showing.
Obama hung out with homophobes like McClurkin & Meeks during the primary; he refused to go to a gay pride parade in Chicago last summer (he went the the gym & got his hair cut instead); he had the homophobe Doug Kmeic out in California running his “Faith & Family Values Tour.;” he refused to even have his picture taken with (heterosexual) Newsome, a true friend of the GLBT community. So, Mark, any **** who did not vote for Obama were smart — they saw through his fake words & promises. That wasn’t Karl Rove’s doing. That was all Obama. And Palin? While I don’t agree with a lot of her politics, she actually signed real same-*** partner benefits into law in Alaska for state employees. Furthermore, so the f*ck what if gay men didn’t vote for him — does that mean they are not entitled to civil rights? Is that the Obama position? He isn’t President of every American citizen, he is only president of those who voted for him? That kind of narrow-minded idiocy is probably ok by the likes of you, but it isn’t ok under the U.S. Constitution. Lets recap Obama’s stance on GLBT rights:
1. He is against same-*** marriage;
2. He defends DOMA in court, while calling for its repeal, which he could effectively achieve by declining to defend DOMA in court;
3. Is iffy, at best, on DADT, saying the US government must have the best people regardless of sexual orientation all while military translators are being discharged for no other reason but the fact that they are gay;
4. Is friends with known homophobes like McClurkin, Meeks & Rick Warren, while shunning Newsome.
No sane gay person would support that and no straight true liberal would either.
Mark: After Obama used McClurkin as a dog whistle to Southern homophobes it was a wonder that he got ANY LGTB votes. I found that just as dispicable as the use of racist dog whistles. I didn’t vote for him because I came to believe that he would cave to the middle where ever possible. So far I have seen no reason to change my position: name one issue on which Obama has not slid right.
@Danp: Yes, it is very common practice for lawyers who are litigating cases against DOJ to meet with DOJ. It’s not “lobbying.” It’s a settlement discussion.
Mark sorry you feel this way…We **** have been supporting the Democratic Party since before you were born I would suggest you watch the HBO special “And the Band Played on…” which show a gay man addressing the DNC in 1979…I know you will say “it was the age of disco every political party had a gay spokesperson…”
Oh and to continue your Gay history education: Since the era of McCarthy the term “Communist Pinko F*g” made sure everyone knew we gay men were died in the wool “Lefties”.
I have been called R@cists, Republican, and Disloyal long enough by the likes of you. I am not taking it anymore! I am none of these things but I bet you are.
If you are looking for a Republican look at Obama himself, if you are looking for a Christian fundamentalist look at Obama himself, and if you are looking for a turncoat and a liar and a person of great disloyalty to “Core Democratic Values” look at Obama himself.
I wanted a real Democrat in the White House! One in the FDR JFK LBJ mold real party heroes Like Bill “big dawg” Clinton! All of the men had personal flaws but each rose above them to do the job they were chosen by divine providence to do!
Instead we got Obama…I feel cheated…In a year when the Democratic Party could have nominated a tray of Cheeses and won, we should have chose an intellectual giant, a politically experienced titan and a true believer in “Core Democratic Values” instead we chose not to do so. The party elite pre-selected Obama.
You own this dawg that wont hunt…not me and I will never forget or forgive you and your ilk for it.
mark go home to the rock in the cave you crawled out from under!
It’s just pathetic that Obama, who supposedly plays twelfth dimensional chess and is not only telepathic but clairvoyant as well, took time out of his busy schedule to approve people going out to actually antagonize his supporters, people who actually gave him money and supported him.
What’s sadder still is the fail on the economy with Summers and Geithner, fail on military commissions, fail on the fourth amendment, fail on the Patriot act and Military Commissions Act, fail on the wars, fail on the military budget, FISA, wiretapping, transparency-then what good is he if he can’t even get Lieberman isolated where he can do no harm, after Sloppy Joe F’d him over hard in the election?
So Obama is a turncoat Republican Christian fundamentalist homophobe and everybody always knew it and it’s a wonder he got any LGBT votes…Or every gay person is a Democrat who worked to get him elected. Either the Clintons are real Democrats or they’re the ones who brought us DADT and DOMA. Either we’d be crazy to vote Republican…or Sarah Palin brought same-*** rights to her state.
It seems like Democrats have moved too slowly on gay rights and give the dog whistles to homophobes. Gay people have given up on them and vote based on other issues, which means a not insignificant number of gay people vote Republican. On top of that, white men – gay or otherwise – are more likely to vote Republican than other groups, which means there are a lot of GWM Republicans. I fail to see why this is controversial.
Mark you are wrong, wrong, wrong! Oh and you are a homophobe. 1993 is not 2008. Congress gave us DADT and DOMA please read your constitution …both would have passed and became law with a huge veto override majorities in both houses even if President Clinton had not signed them into law. President Clinton hit the ground running with attempting Healthcare Reform and ending the outright ban on gay in the military. He got the rightwing smack down probably by “people like you.”
I wished he would have called congress on those two items and vetoed them. Alas the times were different then we have come so far in some ways. Mr. Clinton has come so far as has Hillary. Obama has come far also…from the myth of being of far left to the reality he is as right wing as Mr. Dobson and Rev Rick Warren. Obama is the “Purpose Filled Bigot” when it comes to LGBT rights.
Mark whoever is paying you to go from blog to blog to post these hate filled Obama sponsored MEMEs is really getting their monies worth from you today. We call you out today. You are spouting the official Obama MEME of the week to try to force Gay and Lesbian Democrats back under Obama’s bus.
I know you are a tool of Mr. Obama. Next MEME by Mark since we aren’t cowering be in shame over Gay people are all really republicans is that all Gay “white” men are R@cists! I can see it coming. I have been to this kind of party before with the like of you Mark. No one here is buying what you are getting paid to sell…got to Yes To Democracy they will love what you have to say there!
I wished he would have called congress on those two items and vetod them. Alas the times were different then we have come so far in some ways. Mr Clinton has come so far ans have Hillary. Obama has come far also…from the myth of being far left to the reality he is as right wing as Mr Dobsen adn Rev Rick Warren.
a warning to gay leaders who choose to meet with Obama Dont!
This ain’t our first time at the rodeo, fuzzy. In the words of Joan Crawford “Don’t F*ck with me, fellas.”
Mark — the fact that you “blame” Clinton for DOMA & DADT show either how young you are &/or that you don’t know your history. DOMA passed the Senate 85 to 14 — that, right there, is called a “veto proof” majority (more than 2/3 of the members). That’s a lot of DEMOCRATS who put together & voted for DOMA & pressured Bill Clinton to sign it. And the reason he did (since you don’t seem to know anything in your post-***** As Folks world) is because the Congress would have passed an amendment banning same-*** marriage in the Constitution. THAT is the truth of how it happened and DADT was a similar situation. That is the problem with Obama supporters, because Obama’s “record of accomplishment” is all smoke & mirrors, they think they can just make **** up about everyone else too.
to AMH-Amen Brother or Sister….the creator father-mother god/dess bless your words!
LA I love that movie~
On, and Hillary Clinton has walked in every gay pride parade she’s been invited too — unlike Obama who refused to attend the gay pride parade in Chicago last summer & didn’t have the decency to pretend that he had a pressing work. Oh, no, he went to the mo’f'ing GYM & got his haircut!
And to say he admired Reagan, AMH. The president that denied AIDS research much less that it existed. “Shame on you, Barack Obama!” That goes for you too, Mark.
Obama made his stance on the GLB community quite clear almost before the primaries started. Donnie McClurkin. If you sent him money, supported him and voted for him after that you’re a FOOL! Now sit down, shut up, stop whining. You got what you voted for. You had choices and not just McCain…
I think that the gay commmunity will have there time, But this administration is farely new not even 6 months. I guess everything is suppose to happen overnight(NOT). If you would give the president sometime you should get what you want and i’m not GAY, I dont believe in the dont ask-dont tell policy, I do believe the marriage is between a man-women that’s how most of people were raised to see and believe but it would be your right to do what makes you happy. I say again give the man a little time before you start judging him and it should all work out OK.
Join the Facebook boycot group: http://www.facebook.com/group.php?gid=979977513
rebuttal:
I. He’s a savior and you’re crucifying him. Poor, poor Obama.
II. Give him a few years.
III. It’s a technical error…. Read More
IV. We’re being tested to see if we’re worthy.
V. I can read Obama’s mind and I know, deep in my heart, that he loves us.
VI. This is all a Republican plot to embarrass the best President in the whole wide world.
2009 is not 1993. Sixty-seven percent of Americans now favor granting same-*** couples the right to marry or join in civil unions. Sixty-nine percent support letting openly gay men and lesbian women serve in our military, including a majority of Republicans (58 percent), conservatives (58 percent), and even churchgoers (60 percent). And an overwhelming number of Americans have long since supported passing legislation banning job discrimination against ****.
Although, I personally am so far to the left that even the democrats appear to me to be “right-wing,” I consider myself to be a strict constitutionalist. It is my opinion that since its inception there has been an organized and systematic assault by the conservatives in the United States on the civil liberties written into the US Constitution. The “War on Drugs”; “War on Terror”; “War on Communism” and a host of other wars waged by the right wing are really nothing more than a War on People–an excuse to erode civil rights to the point of non-existence. I invite you to my website devoted to raising awareness on this puritan attack on freedom: http://pltcldscsn.blogspot.com/
Let’s not all commit political suicide at once. Read “The Art of War”. Timing is everything. I’m sure we could be spoilers in 2012 if we put our minds to it, although I shudder to think what viciously anti-gay and anti-main-street prez that would get us. Obama can’t afford to alienate certain constituencies (sum total makes us look quite small). What do we expect when the anti-gay-marriage folks spanked us at the polls in always-blue CA? And the dicey war means DADT will be delayed.
I too almost bolted over the faith-based cr*p and Rick Warren. Those anti-intellectuals are being paid to rot people’s minds as well as raise little bigots. However I don’t intend to shoot myself in the foot by going over to the other side. It’s way worse there.