Why Gay Marriage Is Not An Issue for the 2012 Elections

As much as a part of me would like to see Democrats - including Barack Obama - come out strongly for same sex marriage, in this year's federal elections, discretion may be the better part of valor. Moreover, for those of us living in the many states that offer ZERO non-discrimination protections to LGBT citizens, passage of ENDA and other federal non-discrimination legislation would directly impact the lives of far more LGBT individuals. Rarely a week goes by that I don't receive a call from someone LGBT who was fired by bigoted employers once the "secret" was discovered. It's not a pleasant experience to have to tell these individuals that they are basically screwed and that they have no legal recourse. A post in the Huffington Post makes the case for waiting on the marriage fight - at least until sometime after the November election so as to not throw fodder to our enemies. In another four years, more of the gay hating oldest generations will have passed on and been replaced by younger, friendlier voters. Here are some highlights:

Getting the president to say "marriage equality" may feel good, but it's bad politics and misleading to the LGBT community. Why? No one in the LGBT movement or DNC is proposing a federal law to outlaw marriage discrimination in the 50 states. Democrats have simply not yet made same-sex marriage equality a federal issue. So there's no corresponding "ask" and Obama saying "marriage" or the DNC Platform using the word "marry" -- in the absence of a call for full federal equality including marriage nondiscrimination -- does nothing more than stir the cultural political debate at our expense and box-in the president as his campaign rightly fears.

This threat -- of a constitutional amendment -- is allegedly what scared President Clinton, HRC and Barney Frank into capitulating to DOMA 16 years go. But while plausible then, today the demographics of youth support for marriage equality pushing 70% have likely destroyed the RNC ability and appetite to push such an agenda. And while Romney may have taken the NOM Pledge for this to win a Republican primary, it's unlikely he will either campaign on this in the general election or waste a possible first term on such issues.

[T]he new proposed language and the '08 DNC Platform fail entirely to engage the broader issue of categorically outlawing discrimination based on "sexual orientation and gender identity" (SO&GI) as required by human rights law. This wrongly puts the debate over the word "marriage" ahead of securing equal protections under the civil rights laws that cover a wide range of issues important to the lives of LGBT people, married or not, including employment, housing, credit, all federally funded programs, public accommodations, schools, and government facilities.

What's most obvious is that nowhere does it say it will add anti-discrimination protections for "sexual orientation and gender identity" to the civil rights laws. This means that the DOJ Civil Rights Division -- so evidently important as a tool of enforcement -- has no explicit jurisdiction over SO&GI discrimination issues. And of course, marriage equality -- or nondiscrimination in marriage -- is not addressed at all in the limited legislative agenda of ENDA and DOMA repeal, which is sadly all the DNC-dominated LGBT movement is publicly committed to as well.

Meanwhile, Republican strategists are foaming at the mouth to get footage of Obama saying he supports "marriage equality," to use like the National Organization for Marriage, for divisive bigoted strategies, whisper campaigns, and to both weaken the Democratic base in key constituencies divided on this issue, and to rile up their own as Santorum desperately does with Romney's tacit support.

So why does Freedom to Marry and a whole range of LGBT activists want to push this minor change for the word "marriage," and not much else? Well, that's a good question. . . . . Maybe we've lost sight of the possible image of the Romney Super Pac ad fear-mongering about Obama and the Democrats' "gay marriage agenda" to overturn 39 state constitutions against same-sex marriage. Why would we give them that if there is no plan to even attempt such a feat via Congress in a second term as appears to be the case? If it's only the power of the pulpit we seek to leverage, then shouldn't we secure the pulpit first?

Politically, "equal civil rights" leaves little room for RNC mischief, and may even catch on in a Romney candidacy, which of course is the LGBT-DNC team's worst fear -- that our vote will be split and not betrothed. But we can not allow either party or our movement to use our cause as a pawn in a political game. And marriage equality at the federal level is unfortunately simply that -- a wedge card being played by all involved who know that once the election is over, Congress will do nothing to effectuate marriage equality, other than to repeal DOMA, a vitally important but incomplete goal that Obama already supports.

The author ends the piece with a good statement of what we really should be seeking. Take a moment and read it.