Robert Gates as Obama's Secretary of Defense: "More of the Same" for Gay Rights?

The Democrats ran a very conflicted campaign with respect to GLBT issues. Many political commentators believe that in 2004, opposition to same-sex marriage inspired rightwing evangelicals to vote, which helped Bush defeat Kerry. Although both Kerry and Bush stated that they did not "believe in" same-sex marriage, Kerry did not support Bush's proposed marriage amendment (which would have amended the Constitution to define marriage in heterosexual terms).

In 2008 Democrats Ran as Conservatives on Gay Rights

Against the 2004 political backdrop, the Democrats chose strategically to avoid looking progressive on glbt issues. They combined a lack of support for some glbt issues like marriage with generic statements supporting glbt rights in order to satisfy progressive voters and organizations within the party. At times, this song and dance produced very bizarre results. Obama, for example, opposes same-sex marriage for "religious" reasons -- which basically makes his position indistinct from that of the Christian Right. Yet, Obama also opposes efforts to amend state law to define marriage in heterosexual terms. So he is against same-sex marriage, unless people are voting to oppose it. Clinton basically said the same thing.

Political Compromises Can Preclude Meaningful "Change"

This week, the DC buzz, which has been remarkably accurate on cabinet issues, has concluded that Robert Gates will serve as Secretary of Defense under Obama. Gates already holds that position in the Bush administration. Accordingly, picking Gates would provide Obama with yet another opportunity to demonstrate how nonpartisan he is. It would also allow him to market himself as occupying the center-to-right of the political spectrum, contrary to much of the discourse surrounding his campaign during the Democratic primaries.

I can hear the liberal elite crying now. Literally, I can, because I am in my law school office typing this blog entry. Obama has already quashed efforts to oust Joe "Judas" Lieberman from the Democratic caucus, although he delivered a speech at the Republican National Convention during which he assailed Obama as being unprepared for the presidency. He has also met with McCain, whom he criticized as "erratic" and "out of touch." Thanks to a media presence at the meeting the public has loads of toothy photographs documenting the detente between the former political rivals. Finally, Obama is very close to naming Hillary Clinton as Secretary of State -- despite having criticized her vote to authorize force in Iraq as showing a lack of judgment (and this was probably his lightest critique of her). For the record, Biden also voted for the war.

Although collaborative governance sounds noble, compromising and being nonpartisan above all else can cause a leader to lose focus on achieving important goals. At some point, having moderates and conservatives executing and developing policy will limit the potential for actually bringing about meaningful progressive change (please note that for the sake of argument I am assuming the validity of liberal rhetoric which sees Obama's victory as necessarily ushering in liberal change).

Gates Says That Merely Debating the Military's Anti-Gay Policy Would Impede War Against Terrorism

Gates' selection could mean that glbt rights will remain on the back seat in the new administration. Gates has already dismissed concerns over the military's policy banning participation by glbt people. In January 2007, Senator Ron Wyden of Oregon, who is very supportive of gay rights, wrote Gates a letter soliciting his views on the military's anti-gay policy. Responding through Under Secretary Donald Chu (it is safe to assume that the letter reflects the official position of the Department of Defense), Gates first denied that the military even bans gays and lesbians! Gates explained that military policy only mandates the discharge of individuals who "engage in or attempt to engage in homosexual acts," self-identify as "homosexual or bisexual," or marry or attempt to marry someone of the same "biological sex."

Thanks for the clarification. The military does not ban gay and lesbian people as such. Instead, it only excludes, for instance, men who have sex with men, who want to marry men, or who, for some strange reason, like to tell others they are gay or bi. Apparently, this is nondiscriminatory because it applies evenly to heterosexuals. Gates' "logic" fails to pass the proverbial laugh test.

But his response gets even worse. After denying that the military even bans gays and lesbians, he argues that as long as the country remains at war and is vulnerable to acts of terrorism, then merely discussing the anti-gay policy would threaten national security:

The Global War on Terrorism is far-reaching and unrelenting. The threat to our country is here for the long term. As a result, every day, around the world, our forces engage with our allies in dangerous, life-threatening events, and this will continue into the foreseeable future. A national debate on changing [the military's policy] with the accompanying divisiveness and turbulence across our country, will compound the burden of the war.

Gates expressed similar views during an interview on CBS's Face the Nation with Bob Schieffer. Schieffer asked Gates whether he is "satisfied" with Don't Ask, Don't Tell or whether he thought the policy "should be reviewed." Gates used the ongoing wars to excuse inaction on the policy: "I’ve got a war in Iraq, a war in Afghanistan, challenges in Iran and North Korea and elsewhere, global war on terror, three budget bills totaling $715 billion. I think I’ve got quite a lot on my plate."

Because Obama has promised to increase the size of the military and the escalate the war in Afghanistan, the "Global War on Terrorism" (curiously elevated to a proper noun by Gates) is indeed here to stay. Besides, I cannot recall a four-year stretch when the United States was not involved in some type of military action. But this fact cannot give the military a free pass to discriminate on the basis of sexual identity and to evade public discourse over the legitimacy of its policies. These types of scare tactics helped elect Bush twice. But now, voters have selected a self-proclaimed agent of "change." I hope that Gates has to explain his controversial and distorted views on "Don't Ask, Don't Tell" during the vetting process. Otherwise, blatant discrimination might remain unscathed in a "changed" political landscape.

GLBT Movement Actors Must Hold Democrats Accountable

To his credit, Obama has said he opposes Don't Ask, Don't Tell and has promised to seek its repeal. And Gates would answer to Obama instead of Bush. But Obama has also said that he would take a safe route and meet with military leaders to learn the best way to accomplish the repeal (as if it is really difficult to ban discrimination). Military leaders, however, do not want to repeal the anti-gay policy, and they were instrumental in blocking Bill Clinton's reform effort. Although Democrats salivated after Colin Powell endorsed Obama, only a few people (myself included) recalled that Powell orchestrated the defeat of Clinton's attempt to repeal the anti-gay policy. Powell's opposition led to the hideous Don't Ask, Don't Tell compromise. Having folks like Gates, Powell and Sam Nunn close to the Obama administration does not inspire confidence that the new president will extend strong or visible support to pro-gay causes unless Congress or activists push him to do so.

Accordingly, gay rights advocates must make sure that the change movement does not ignore glbt people. This will require gay equality advocates to wake up (like they are finally doing in California) and force Democrats to live up to their silky words regarding justice and progress. Otherwise, all of the lofty talk about the "diversity" of the Democrats versus the homogeneity of the GOP means absolutely nothing -- except that the Democrats tolerate hypocrisy, while the Republicans do not believe in equality through window-dressing.