Lambda Legal is the gay ACLU. They are THE gay civil rights legal group. And they're none too pleased that the Obama administration is refusing to abide by a court order directing them to provide health benefits to the lesbian partner of a gay federal employee. Note the last few paragraphs of Lambda's statement:
Lambda Legal believes Judge Kozinski is clearly correct that employees of OPM and DOJ do not have superior authority to interpret federal law than federal judges. Lambda Legal also finds it troubling and very disappointing that the Obama Administration has chosen to express its views of these legal questions through Friday-afternoon press statements stating that it will not comply with Judge Kozinski's direct orders, rather than by presenting its legal reasoning to Judge Kozinski in this proceeding so that we can respond on Ms. Golinski's behalf in the duly-established administrative forum in which Ms. Golinski is required to present her discrimination claim.Remember what we told you about how the White House waits until Friday afternoon to do anything gay, in the hopes that the media, and then you the public, won't find out? And note specifically what Lambda said about how the Obama administration is outright refusing to even tell the judge what their problem is, after participating in this dispute previously. This is the forum for federal discrimination cases. The White House has unilaterally decided, it appears, that gay federal employees no longer have any recourse before a judge - hell, at this point separate but equal would be a step up. As Lambda notes, it's truly astounding that this kind of obfuscation on civil rights issues is coming from the Obama administration.
OPM has never disputed that this administrative forum is the appropriate venue for this discrimination claim, and yet has refused to participate and present its views, and now, again, refuses to respect both Judge Kozinski's duly-issued order and his direct and clear legal analysis. This is not the approach to issues of LGBT equality we had anticipated and deserve from the Obama Administration.
It's almost as if they're trying to do everything they can to avoid being pro-gay. Finding any technicality they can to justify slapping us in the face.
Now, why not just agree to abide by the court order? It's a Reagan appointee, for God's sake. How much better cover could you have? And do you think the base could use a bone right about now? But Obama doesn't do base. And he really doesn't do gay. We're persona non grata in this administration's civil rights plan (though we are welcome in their parades and their cocktail parties). And all they do is continue to make that more and more clear every day.
Don't Ask, Don't Give.
Enjoy November 2010 without us.
(PS We look forward to the Human Rights Campaign's blistering statement in defense of our community and our civil rights.)
