Same-Sex Marriage: Obama’s Lincoln Moment

On Wednesday night, Governor John Baldacci of Maine signed legislation that he struggled to support. While governors are often pressed by their legislatures and constituents to support laws that they do not necessarily agree with, this bill—one that legalizes same-sex marriages—was a personal dilemma for the first-term governor. After weeks of agonizing over the decision, the Governor released a statement to the press that outlined the reasoning behind his eventual approval:

In the past, I opposed gay marriage while supporting the idea of civil unions. I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.

The first governor to sign a same-sex marriage bill, Baldacci touches on the heart of the same-sex marriage debate: The arguments for or against same-sex unions based on morality, religion, tradition, or any other logic is irrelevant. What matters is the law. And the equal protection clause of the Fourteenth Amendment of the Constitution that he refers to clearly states “[no] State [shall] deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Which means that, like it or not, from Baldacci’s perspective, gays and lesbians should be entitled to the right to marry if straight people are allowed to marry.

Over the course of the past several months, four states have legalized same-sex marriage in their states: Connecticut, Vermont, Iowa, and New Hampshire (Massachusetts legalized gay marriage back in 2004). Recently, both New York and Washington D.C. have decided to recognize same-sex marriages performed in other states. And now there is talk that New Jersey may become the sixth state to legalize same-sex marriage in the coming months.

Throughout this civil rights upheaval,  President Obama and his administration have remained conspicuously mum. According to the New York Times, Obama has said that as a Christian he opposes gay marriage but remains a “fierce advocate of equality” for gay men and lesbians. And so far, he has remained true to that statement by pledging to sign a U.N. declaration, which Bush refused to sign before he left office, that calls for a worldwide decriminalization of homosexuality (the United States was the only western nation not to support the measure). Moreover, Obama has continually recognized qualified persons with same-sex sexual orientations for top level jobs: In his short time in office, he has appointed numerous openly gay officials for executive administrative positions and may be considering two prominent lesbian lawyers to replace Justice Souter on the Supreme Court.

Although the saying goes that “actions speak louder than words,” his silence is an action that may indicate his political discomfort with gay rights advocacy. During the election, he reiterated that same-sex marriage is an issue that should be decided by the states. And, to a certain extent, he’s constitutionally correct: There is currently no federal marriage license that any straight couple can apply for but, then again, opposite-sex couples who marry in their home state trust that their marriage will be honored no matter which state they travel to or live in. And while there is no federal law regulating straight marriages, the 1996 Federal Defense of Marriage Act passed by Congress regulates same-sex unions. The Act explicitly outlines that states do not have to recognize same-sex marriages or civil unions performed in other states. That is a gross discrepancy.

While Obama has said that he supports a repeal of that legislation and of the military’s “Don’t ask, Don’t tell” policy, he has remained virtually silent on the gay marriage issue since he took office and has chosen to not comment on the landslide of same-sex marriage laws in recent months. Although this issue may not seem like a priority for the administration when they have an economic crisis and two wars to contend with, it should be a priority for the president since Obama has repeatedly stated that he wants America to rebuild and renew its reputation in the world. In a 2007 article he wrote for Foreign Affairs, he stated:

At moments of great peril in the last century, American leaders such as Franklin Roosevelt, Harry Truman, and John F. Kennedy managed both to protect the American people and to expand opportunity for the next generation. What is more, they ensured that America, by deed and example, led and lifted the world — that we stood for and fought for the freedoms sought by billions of people beyond our borders. […] They used our strengths to show people everywhere America at its best.

Yet, how can those freedoms be realized if America does not follow its own laws and ensure that all of its own citizens receive the same “protection” under the law? If President Obama is going to continue to reiterate that marriage laws should be left to the states, then he should actively pursue a repeal of the Defense of Marriage Act since it is a federal measure. So too, if he wants America to “lead by deed and example” then he must show support for states that have passed inclusive marriage legislation and encourage others to do the same. It sets a very bad “example” to have some areas of the country have more “freedoms” for its citizens than others.

Or, Obama could take a cue from his favorite president, Abraham Lincoln. When Lincoln took office in 1861, he viewed slavery as a states’ issue and expressly stated that he had “no purpose, directly or indirectly, to interfere with slavery in the States where it exists.” However, two years later, he delivered his Emancipation Proclamation that freed the slaves because it was “an act of justice, warranted by the Constitution.” Certainly, it is thorny comparison between slavery and gay rights and America is not in a civil war where gay marriage is, like slavery was, the catalyst for domestic combat; nevertheless the United States is at a civil rights crossroads that needs to be addressed by the President. Had Lincoln chosen to never take that stand on slavery, decided to put it off until later, or thought he could leave the responsibility on to the next administration, Obama may have never even had a chance to be our president. Obama should take a page from the book of his presidential idol and realize that, regardless of the political risk, he is obligated as America’s national leader to stand up for the rights of all Americans.

Obama has continually said that he wants his presidency to speak to and for all Americans. In his famous Democratic nomination acceptance speech, Obama evoked Martin Luther King and reiterated that “now is the time” for the United States to rebuild and renew:

[I]n America, our destiny is inextricably linked, that together our dreams can be one. “We cannot walk alone,” the preacher cried. “And as we walk, we must make the pledge that we shall always march ahead. We cannot turn back.”

Indeed, we cannot turn back and now is certainly the time.