Karen Golinski and her wife, Amy Cunninghis

Late last Friday night, the Department of Justice submitted a brief supporting Karen Golinski’s lawsuit challenging the Defense of Marriage Act so that her wife could receive health benefits. Chris Geidner at Metro Weekly called the brief “historic” for the way it admitted the federal government’s “regrettable role” in anti-LGBT discrimination and for the proactive role it took advocating for the application of heightened scrutiny for sexual orientation.

Below are 10 statements from the 31-page brief that demonstrate the Obama administration’s recognition of the history of discrimination the LGBT community has faced and the equality it deserves (PDF):

1. “The federal government has played a significant and regrettable role in the history of discrimination against gay and lesbian individuals.”

Outlined in the brief is the government’s history of “intrusive investigatory techniques” for identifying “Homosexuals and Other Sex Perverts” so as to discriminate against gays and lesbians in employment beginning in the 1950′s. The State Department, FBI, and Postal Service all conspired in the investigations. Gay and lesbian noncitizens were also barred from entering the U.S. on the grounds that they were “persons of constitutional psychopathic inferiority,” “mentally defective,” or sexually deviant.

2. “This employment discrimination was interrelated with longstanding state law prohibitions on sodomy; the discrimination was frequently justified by the assumption that gays and lesbians had engaged in criminalized and immoral sexual conduct.”

Through sodomy laws and the discriminatory enforcement of liquor licensing laws, states could discriminate against gays and lesbians in employment, deny child custody and visitation rights to gay and lesbian parents, and prevent gay and lesbian people from associating freely.

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This morning, Iowa’s FAMiLY Leader unveiled “The Marriage Vow: A Declaration of Dependence upon MARRIAGE and FAMILY,” a 14 bullet pledge presidential candidates will have to sign to secure any “future endorsement” from the organization and its influential leader, Bob Vander Plaats. Throughout the early primary process, Vander Plaats — a three-time unsuccessful gubernatorial candidate who helped propel Gov. Mike Huckabee (R) to victory in the state in 2008 and ran a successful campaign to recall three justices who overturned Iowa’s anti same-sex marriage law — has sought to position himself as a gatekeeper to the conservative voters who participate in the Iowa caucuses. Leader has hosted a presidential forum with almost all of the GOP’s 2012 contenders and Plaats has traveled to Washington, DC to present himself as a national Tea Party leader.

Today’s pledge seeks to solidify the organization’s reputation as the state’s conservative moral authority, and it reiterates many of the group’s extreme social views and anti-gay rhetoric. If any candidate signs on to Leader’s vows, they will be agreeing to the following radical constructs:

– HOMOSEXUALITY IS A CHOICE: The preface to the pledge reads, “Social protections…have been evaporating as we have collectively ‘debased the currency’ of marriage…in complete absence of empirical proof, that non-heterosexual inclination are genetically determined, irresistible and akin to innate traits like race, gender and eye color; as well as anti-scientific bias which holds, against all empirical evidence, that homosexual behavior in particular, and sexual promiscuity in general, optimizes individual or public health.” Footnote 8 reiterates this notion.

– HOMOSEXUALITY IS LIKE POLYGAMY, ADULTERY, POLYANDRY: Vow 4 requires the candidate to pledge “Vigorous opposition to any redefinition of the Institution of Marriage…through statutory, bureaucratic, or court-imposed recognition of intimate unions which are bigamous, polygamous, polyandrous, same-sex.”

– HOMOSEXUALITY IS A PUBLIC HEALTH RISK: Footnote 4 claims that homosexuality causes shorter life expectancy and a higher probability of a long list of sexually transmitted diseases. The Leader has previously compared same-sex marriage to second-hand smoking.

– SEX IS BETTER AFTER MARRIAGE: Vow 5 requires the candidate to support the notion that “married people enjoy better health, better sex.”

– PORNOGRAPHY SHOULD BE BANNED: Vow 9 stipulates that the candidate must “support human protection of women and the innocent fruit of conjugal intimacy” and protect them from “seduction into promiscuity and all forms of pornography…and other types of coercion or stolen innocence.”

– REJECT SHARIA ISLAM: Vow 11 requires the candidate to reject Sharia law.

Despite Vander Plaats’ best efforts to woo the GOP establishment, many of the Republicans who spoke at the FAMiLY Leader’s presidential forum have already dismissed its extremest anti-gay beliefs. Rick Santorum, Tim Pawlenty and Michele Bachmann, have all told ThinkProgress that they do not believe that homosexuality is akin to second hand smoking. Next week, the group will host former Speaker of the House Newt Gingrich, who — given his past admissions of infidelity — may not be able to commit to a pledge that requires “personal fidelity to my spouse” as its first vow.

Republicans have until Aug. 1 to sign the pledge.

Last month, the Department of Justice’s Trustee for California appealed a U.S. Bankruptcy Court ruling, which found that the Defense of Marriage Act (DOMA) is unconstitutional. The decision seemed inconsistent with the DOJ’s announcement in February to no longer defend DOMA, but the department explained that it was a procedural move in case the House Bipartisan Legal Advisory Group (BLAG) — a council convened by House Speaker Boehner (R-OH) to intervene in DOMA cases — wished to pursue the appeal. Speaker John Boehner (R-OH) announced that the House would intervene in the DOMA cases the DOJ no longer pursued. Now that BLAG has indicated it will not defend DOMA in this particular case, the trustee has withdrawn its appeal.

Though the authority of the U.S. Bankruptcy Court is limited, this decision ensures that married same-sex couples will be recognized in bankruptcy proceedings. DOJ spokeswoman Tracy Schmaler told Metro Weekly that this constituted a new policy:

The Department of Justice has informed bankruptcy courts that it will no longer seek dismissal of bankruptcy petitions filed jointly by same-sex debtors who are married under state law.

In addition to not defending DOMA, the DOJ is also opposing BLAG’s efforts to intervene on its behalf. Last week, the DOJ filed a brief supporting the case of Karen Golinski, who sued to secure equal health benefits for her wife. Taking a stance against BLAG’s appeal, the brief called for heightened scrutiny to apply to sexual orientation.

The latest National Journal’s Political Insiders Poll finds significant support for same-sex marriage among Democrats and a growing reluctance to use the issue as a wedge on the part of Republicans:

Many Democrats believe that gay marriage is not only “the right thing to do,” but that it is also no longer a wedge issue that cripples the party. “The country is moving quickly toward acceptance of gay marriage,” observed one Democratic Insider. “There is no need to hang back and expect civil unions to provide cover.”

Democrats also felt that support for gay marriage would solidify the party’s grip on younger voters. “It’s this generation’s civil rights movement,” exclaimed one Democratic Insider. “It’s a huge demographic opportunity for Democrats because almost every voter under 30 supports it,” said another.”

Results:

As one GOP insider put it, “Huge issue with young voters we need…Only idiots fight demography.”

Bob Vander Plaats

The FAMiLY LEADER has been incredibly influential in the Republican Presidential Primary, organizing speaking tours for the candidates in Iowa and setting the standard for social conservative values. Bob Vander Plaats, the organization’s President and CEO, was named one of the top 10 most coveted endorsements. His influence stems from his success helping Gov. Mike Huckabee win the 2008 Iowa Primary as his Iowa state chair. Now, he’s using that leverage to require candidates who wish to secure his endorsement to sign off on a social conservative pledge.

The pledge is called “The Marriage Vow – A declaration of Dependence Upon Marriage and Family” and revolves around steps candidates must take to uphold “traditional marriage” and oppose marriage equality. David Brody at the Christian Broadcasting Network has a preview of some of the 14 points to the pledge:

- Personal fidelity to his/her spouse
- Appointing faithful constitutionalists as judges
- Opposition to any redefinition of marriage
- Support for the legal advocacy for the Defense of Marriage Act (DOMA)
- Humane efforts to protect women and children, (sex trafficking, pornography, etc)
- Rejection of anti-women Sharia Islam
- Commitment to downsizing government because of the burden to the American family

According to Vander Plaats, marriage is facing a “severe crisis” and there has to be a “higher standard.” He will be unveiling the pledge at a press conference at the Iowa State Capitol Building later this morning.

The FAMiLY LEADER’s presidential speaker series has already featured Herman Cain, Sen. Rick Santorum, Rep. Michele Bachmann, Rep. Ron Paul, and Gov. Tim Pawlenty; Speaker Newt Gingrich will be speaking this weekend. Vander Plaats has previously said that homosexuality is a ‘public health risk’ like smoking and compared same-sex marriage to polygamy and incest. With large financial support from Gingrich, he spearheaded a charge to remove three justices from the Iowa Supreme Court who overturned the state’s ban on same-sex marriage.