Solmonese Writes To Obama

Human Rights Campaign head Joe Solmonese has written a lengthy letter to the president decrying last week's DOJ brief opposing the repeal of DOMA. It reads, in part:

As a matter of constitutional law, some of this brief does not even make sense:

DOMA does not discriminate against homosexuals in the provision of federal benefits…. Section 3 of DOMA does not distinguish among persons of different sexual orientations, but rather it limits federal benefits to those who have entered into the traditional form of marriage.

In other words, DOMA does not discriminate against gay people, but rather only provides federal benefits to heterosexuals. I cannot overstate the pain that we feel as human beings and as families when we read an argument, presented in federal court, implying that our own marriages have no more constitutional standing than incestuous ones:

And the courts have widely held that certain marriages, performed elsewhere need not be given effect, because they conflicted with the public policy of the forum. See e.g., Catalano v. Catalano, 170 A.2d 726, 728-29 (Conn. 1961) (marriage of uncle to niece, though valid in Italy under its laws, was not valid in Connecticut because it contravened public policy of th[at] state.” [3]

As an American, a civil rights advocate, and a human being, I hold this administration to a higher standard than this brief. In the course of your campaign, I became convinced—and I still want to believe—that you do, too. I have seen your administration aspire and achieve. Protecting women from employment discrimination. Insuring millions of children. Enabling stem cell research to go forward. These are powerful achievements. And they serve as evidence to me that this brief should not be good enough for you. The question is, Mr. President—do you believe that it’s good enough for us?

If we are your equals, if you recognize that our families live the same, love the same, and contribute as much as yours, then the answer must be no.

We call on you to put your principles into action and send legislation repealing DOMA to Congress.

Read the entire letter here.