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What You’ve Been Waiting For: Obama’s Gay Rights Revolution

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The Administration Discusses Its “Plan.” Hint: There Is None

“Mr. Toad’s Wild Ride” might accurately describe the turn of events for the gay community and their supporters since late Thursday, thanks to the Obama Administration’s Department of Justice, which filed a brief in Smelt v. United States, a federal gay marriage case. (If you’re not up-to-speed, read, “DEVELOPING: Obama Defends Defense Of Marriage Act?“)

Akin to any Republican who criticizes Rush Limbaugh, the Obama Administration once again had to go back to the gay community to smooth things over. You remember, even before the election, there was Obama’s silence on Prop 8. We knew it was a hot-button issue and we wanted him elected, so we ignored it. Then, even before Obama took office, there was the Pastor Rick Warren debacle. We got angry, but sloughed it off. And then there was the conspicuous silence after every gay marriage win. We said, he doesn’t want to get involved in the smaller issues, he’ll make it a big issue. Besides, there was that whole the-country’s-about-to-go-down-the-tubes thing called The Recession. We accepted nothing because we figured that’s all it was. back in March there was the total ignoring of gay issues during Obama’s “Online Town Hall.” And then there was the very quiet in-the-dark-of-night removal of Obama’s promises to repeal DOMA and DADT that somehow disappeared from WhiteHouse.gov. Some thought maybe it was an over-zealous intern. But the White House came back with the spin, “we want WhiteHouse.gov to list successes, not plans” BS. And we thought, OK… Hmmm… But we let that go by as well.

(In case you feel like you’re reading that old poem, “First they came…,” well, feel free.)

After Thursday’s DOJ filing, the punditocracy was ablaze in speculation as to what the brief meant. Was it a mistake? Was Obama legally required to defend DOMA? Was the brief a left-over from Bush? But sure enough, the truth has seeped out, thanks in large part to the Obama Administration itself. Obama unleashed his highest-ranking openly gay official, John Berry, to chat with The Advocate over the weekend, another sign he gets that his gay-community blind-spot hindered an intelligent approach to the Smelt/DOMA brief.

Before I get any further, I have to ask, why is the director of the Office of Personnel Management the highest openly-gay member of the Obama administration? I get that it’s a huge position, but it’s not that high up the food chain. And why is he qualified to be Obama’s defacto representative to the gay community? It’s because he’s gay. That’s fine, but this issue is a legislative issue, and a DOJ issue, not a personnel management issue. So, while I respect Berry’s statements as representing the Administration, I reject the idea that he should be their voice to us on gay issues. We deserve a representative that can actually do something for us once they return to the White House. (I can imagine the conversation in the West Wing: “Oh crap, the gay issue just blew up. Who can we put on this? Oh yeah, Berry, he’s gay.” Sorry, not good enough.)

So, here’s what we’ve learned from John Berry’s talk with The Advocate:

• There is no “secret deal” with any or all of the gay rights groups. No secret HRC deal, Joe Solmonese did not offer to delay DADT to next year in favor of getting Hate Crimes passed this year. (Honestly, I’d be happier if there were a plan, call it what you want.) I find it interesting that the White House wanted “to be clear about” this at all.

• Berry said their first goal is, “we will get our federal house in order.” That’s great. Definitely want to set the example. “[T]he president is going to be announcing something in the very near future that is going to be a very significant announcement…” making “sure that we get the benefits for the LGBT community that are equal to all other benefits provided to other federal employees.” OK.

• In no specific order, Berry says: Hate Crimes, ENDA, DADT, DOMA. Well there you have it. The same ones I’ve been talking about for months. Good to know we’re on the same page. Berry says Hate Crimes should be this week. (Word just came that Hate Crimes is attached to a tourism bill. Not sure who to blame for that irony.)

• Before we start jumping up and down, here’s the sound of the other shoe dropping: “The pledge and the promise is that, this will be done before the sun sets on this administration…” Before the sun sets? To me, that sounds like “by the end of our second term.” So, “four more years” takes on a whole new meaning, now, doesn’t it? Did the president say, “You Don’t Poll Whether People Get Treated Equally Or Not, you do it because it’s the right thing to do” in your second term? You can say, all you want, “give the guy a break.” Problem is, we have given him a break. And every time we do, we get not only ignored, but the White House sets us back a few years. To be fair, Berry says,

“It’s clear that we want to accomplish these things on this administration’s watch. We hope we get eight years, but if we’re limited to four, we’re still going to try to pursue this agenda. I was there for the entire meeting, start to finish. Nobody said second term, nobody is crazy enough to presume that we get a second term – the American people decide whether we get a second term.”

But to be fair, that’s political posturing. Of course they hope for and are thinking about a second term. (I certainly hope they are. Too many reasons for us to not want them to. Do not even begin to think the Republicans will ever be on our side on this.) • On the Smelt/DOMA fiasco that was unleashed Thursday, Berry claims that the president had no choice, “This president took a solemn oath to uphold the Constitution of the United States and he does not get to decide and choose which laws he enforces.” Well, that sounds reasonable. But wait, did the President have to invoke references to incest and marrying children to uphold the Constitution? I think not.

Let me take a moment here to say a few things. First, as I have been reminded, the Department of Justice is supposed to be free of presidential interference. It should act impartially, uphold the law, not act on the president’s personal law-enforcement agenda. I get that. But I find it terribly hard to believe that Eric Holder had no clue what was in the DOMA brief, that there was no conversation between Justice and the White House. And if there wasn’t, why wasn’t there? This is a terribly pragmatic administration. Surely, given the amount of coverage gay rights and gay marriage have, surely someone must have thought that this was a very sensitive issue that could blow up in their faces? Well, it did.

While we’re here, let me remind you of Andrew Sullivan’s take on all this:

“I suspect that this was a function not of malevolence but of negligence. The truth is: this administration is not hostile to gay equality; it just doesn’t give a damn about it.”

OK, back to Berry, who next says,

“We ought not waste energy and angst attacking him when we should be focusing the energy and effort on getting 218 votes in the house and 60 votes in the Senate, and that’s where we ought to target the energy and the strength of this community and this president is with us, this is our agenda and it’s his agenda.”

Now, just a moment. The gay community has done nothing but support this president. We’re a big group, we carry a lot of weight, and a lot of votes. Granted, the vast majority of them would have gone to any Democrat, but it’s still a lot of votes. And a lot of money. A lot of money. Money that some think we shouldn’t be so generous with.

It’s time someone asked, Why isn’t there a specific gay agenda advocate in the White House? So, here’s the kicker. Berry ends with,

“We don’t have the votes to do Hate Crimes right now, we don’t have the votes to do ENDA, how are we going [to get “don’t ask, don’t tell]?”

WHY THE HELL NOT? This is a Democratic President with a Democratic Congress. I get Obama’s busy. But there’s a difference. A big difference between letting things slide, which, I think many in the gay community would accept, to viciously supporting DOMA and comparing gay marriage to incest and invoking marrying children. Say what you want about who might have written the brief; it doesn’t matter. Lighting the fire and ignoring the person while they strike the match have the same effect here. And it’s going to take a lot more effort now to put the blaze of homophobia that is Smelt back in the bottle.

I’ll throw one on the side of Bill Maher at this point:

“I’m glad that Obama is president, but the “Audacity of Hope” part is over. Right now, I’m hoping for a little more audacity.”

Me too.

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Stephen Miller’s Latest Rant Prompts Priest to Cite Goebbels Propaganda

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Stephen Miller’s latest anti-immigrant rant is drawing attention, including from a well-known Catholic Jesuit priest, who appeared to liken the White House Deputy Chief of Staff’s remarks to those made by Hitler’s notorious Reich Minister of Propaganda, Joseph Goebbels, in 1941.

Miller, one of the most powerful members of the Trump administration, is seen as the principal architect of the President’s anti-immigration and deportation policies.

“U.S. Marines on the streets of Los Angeles. Masked immigration officers at courthouses and popular restaurants. Bans on travelers from more than a dozen countries,” Reuters reported on Friday. “For senior White House aide Stephen Miller, the architect of President Donald Trump’s immigration crackdown, things were going according to plan.”

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Denouncing the city government of Los Angeles as “waging a campaign of insurrection against the federal government,” Miller on Friday painted a scenario without undocumented immigrants in remarks made to Fox News.

“Let’s be very clear,” he said. “What would Los Angeles look like without illegal aliens?”

“Here’s what it would look like: You would be able to see a doctor in the emergency room right away, no wait time, no problem. Your kids would go to a public school that had more money than they know what to do with. Classrooms would be half the size. Students who had special needs would get all the attention that they needed.”

“There would be no violent transnational gangs. There would be no cartels. There would be no Mexican Mafia. There would be no Sureños. There would be no MS-13 There would be no TdA.”

“You would be living in a city that would be safe, that would be clean, there would be no fentanyl, there would be no drug dens,” he alleged. “That could be the future Los Angeles could have, but the leaders in Los Angeles have formed an alliance with the cartels and their criminal aliens.”

READ MORE: Record Majority of Americans Support Immigration in Massive Blow to Trump Agenda

Some of Miller’s claims are incorrect. For example, public schools often receive state funding in part based on the number of students and their attendance rate. Fewer students in classrooms means fewer dollars. And federal funding is tied to the number of low-income students and students with disabilities.

Miller’s claims about fentanyl and “drug dens” also don’t hold up. Most fentanyl comes into the U.S. via U.S. citizens, according to the Cato Institute.

Father James Martin, editor-at-large for America Magazine, which is published by the Jesuits, responded to Miller’s remarks by posting a quote from Goebbels:

“The enemy is in our midst. What makes more sense than to at least make this plainly visible to our citizens?”

It’s not the first time Father Martin has responded to Miller’s anti-immigrant rants with a quote.

In April, he quoted the Bible:

“‘I was a stranger and you did not welcome me’ (Matthew 25).”

See Martin’s post and video of Miller’s remarks below or at this link.

READ MORE: ‘Racial Profiling’: Border Czar Blasted for Claim ICE Can Detain for ‘Personal Appearance’

 

Image via Shutterstock

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Record Majority of Americans Support Immigration in Massive Blow to Trump Agenda

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A record-high majority—nearly eight in ten Americans—now view immigration positively, with similarly strong support for a path to citizenship for undocumented immigrants—particularly those brought to the U.S. as children. The Gallup poll also found that most Americans favor maintaining or increasing current immigration levels.

Meanwhile, large segments of the public oppose expanding the number of immigration enforcement agents—a cornerstone of President Donald Trump’s immigration agenda. Overall, just 35% of Americans approve of Trump’s immigration policies, while 65% disapprove.

Gallup’s report deals a major blow to the very core of President Donald Trump’s agenda, and his “One Big, Beautiful Bill” that dramatically increases spending on immigration enforcement, including detention camps, deportations, and removal, even to third-party countries.

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“Americans have grown markedly more positive toward immigration over the past year, with the share wanting immigration reduced dropping from 55% in 2024 to 30% today,” Gallup reported on Friday. “At the same time, a record-high 79% of U.S. adults say immigration is a good thing for the country.”

“These shifts reverse a four-year trend of rising concern about immigration that began in 2021 and reflect changes among all major party groups,” the top-rated pollster also reported.

Now, just 38% of Americans support deporting all undocumented immigrants, in vast contrast to the stated Trump agenda. That’s down from 47% last year.

In what could be seen as a warning to the GOP, Gallup notes that “the desire for less immigration has fallen among all party groups, but it is most pronounced among Republicans, down 40 percentage points over the past year to 48%.”

Just this week, several top Trump administration officials have continued to promote his anti-immigrant policies.

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U.S. Secretary of Agriculture Brooke Rollins this week told reporters there will be “no amnesty” for undocumented farm workers while insisting adults on Medicaid could replace them.

“There will be no amnesty, the mass deportations continue, but in a strategic way, and we move the workforce towards automation and 100% American participation,” Secretary Rollins said.

Republican Senators have been promoting the Trump anti-immigrant agenda as well. On Thursday, U.S. Senator Ashley Moody (R-FL) called Democrats who oppose the often warrantless raids and tactics used by the DHS’s frequently masked ICE agents, “ignorant pawns of a subversive anarchist agenda.”

President Donald Trump’s and the Republican Party’s budget, which Trump signed into law last weekend, is tremendously unpopular, including his exponential expansion of immigration enforcement budgets, as well as aspects that gut vital social safety net programs like Medicaid and Medicare.

Critics praised Gallup’s findings.

“Nativism had its 6 months and now it’s clear that it’s not the answer,” wrote Cato Institute Director of Immigration Studies David J. Bier.

NBC News senior national political reporter Sahil Kapur, pointing to the Gallup statistics, called it “backlash politics.”

“Turns out, mass kidnappings and deportations are deeply unpopular when put into practice,” observed New York State Democratic Assemblywoman Emily Gallagher.

See the social media post above or at this link.

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Image via Reuters

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‘Racial Profiling’: Border Czar Blasted for Claim ICE Can Detain for ‘Personal Appearance’

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President Donald Trump’s hand-picked border czar, Tom Homan, is facing backlash from legal and political experts after asserting that Immigration and Customs Enforcement agents do not need “probable cause” to detain individuals—and can do so based on factors like “personal appearance.”

“Look, people need to understand,” Homan told Fox News on Friday. ICE officers “don’t need probable cause to walk up to somebody, briefly detain and question them.”

“They just need to tally the circumstances, right?” he claimed. “They just go through their observation, you know, get out typical facts based on the location, the occupation, their physical appearance, their actions.”

“A uniformed border police officer walks up to them, for instance, at a Home Depot. And they got all these … facts, plus the person walks away or runs away,” Homan said, offering one scenario. “Agents are trained. What they need to detain somebody temporarily and question them.”

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“It’s not probable cause,” he insisted. “It’s reasonable suspicion.”

“We’re trained on that. Every agent, every six months, gets Fourth Amendment training over and over again,” Homan said.

Legal experts blasted Homan’s remarks.

Professor of Law, former U.S. Attorney and MSNBC/NBC News legal analyst Joyce Vance summed up Homan’s remarks: “Racial profiling.”

“This is patently false,” declared U.S. Rep. Daniel Goldman (D-NY), also an attorney, “DHS has authority to question and search people coming into the country at points of entry. But ICE may not detain and question anyone without reasonable suspicion — and certainly not based on their physical appearance alone. This lawlessness must stop.”

Attorney and California Democratic state Senator Scott Wiener charged, “This is literally the definition of a white nationalist police state.”

U.S. Rep. Yvette Clark (D-NY) warned, “Trump’s thugs will racially profile you, then go on national television to brag about getting away with it.”

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Attorney and CNN legal analyst Jeffrey Evan Gold explained, “Walking up to people (without threatening) is legal. But ‘detaining’ people without ‘reasonable suspicion’ of criminal or quasi-criminal activity is illegal. Racial profiling is not cause for the required reasonable suspicion. ‘Let me see your papers’ is un-American.”

U.S. Senator Alex Padilla (D-CA), who, in a highly-publicized incident was forcibly removed and handcuffed by federal agents at a DHS press conference, wrote: “And there you have it. Under the Trump Administration, ICE and Border Patrol are being empowered to stop and question you based solely on how you look. No probable cause. No real reason. Just your ‘physical appearance.’ That’s not justice—it’s profiling.”

“They’re saying the quiet part out loud now,” wrote New York Democratic State Senator Gustavo Rivera. “Don’t get it twisted: if we let them keep doing this, they’ll find a reason to come for ANY ONE OF US soon enough.”

“THEY ARE ADMITTING IT,” wrote David J. Bier, Cato Institute Director of Immigration Studies and an expert on legal immigration, border security, and interior enforcement. “Homan is admitting to participating in a criminal conspiracy against the Constitution of the United States,” he alleged.

Max Flugrath, communications director for Fair Fight Action, wrote: “Trump’s Border Czar and Project 2025 contributor says ICE can detain anyone based on ‘suspicion’ and physical ‘appearance.’ That’s not immigration policy, it’s fascism.”

Watch the video below or at this link:

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Image via Reuters

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