The New York Times published an editorial today criticizing  Obama’s controversial defense brief for the Defense of Marriage Act (DOMA), which cited decisions involving incest and underage marriage to make it’s case. From the New York Times:

The brief insists it is reasonable for states to favor heterosexual marriages because they are the “traditional and universally recognized form of marriage.” In arguing that other states do not have to recognize same-sex marriages under the Constitution’s “full faith and credit” clause, the Justice Department cites decades-old cases ruling that states do not have to recognize marriages between cousins or an uncle and a niece.

These are comparisons that understandably rankle many gay people. In a letter to President Obama on Monday, Joe Solmonese, president of the Human Rights Campaign, a gay rights organization, said, “I cannot overstate the pain that we feel as human beings and as families when we read an argument, presented in federal court, implying that our own marriages have no more constitutional standing than incestuous ones.”

…

If the administration does feel compelled to defend the act, it should do so in a less hurtful way. It could have crafted its legal arguments in general terms, as a simple description of where it believes the law now stands. There was no need to resort to specious arguments and inflammatory language to impugn same-sex marriage as an institution.

The best approach of all would have been to make clear, even as it defends the law in court, that it is fighting for gay rights. It should work to repeal “don’t ask, don’t tell,” the law that bans gay men and lesbians in the military from being open about their sexuality. It should push hard for a federal law banning employment discrimination. It should also work to repeal the Defense of Marriage Act in Congress.

The controversy is definitely picking up steam, with coverage in the Wall Street Journal, CBS News and of course on the Rachel Maddow Show. Let’s hope Press Secretary Robert Gibbs is asked about it today.

A Fresno hospital has been asked to apologize, and adopt policy changes after a lesbian was denied access to her partner after she collapsed at the Meet in the Middle 4 Equality march last month. Teresa Rowe, and her partner Kristin Orbin, who suffered an epileptic seizure near the end of the 14 mile march, began to experience discrimination the moment the ambulance arrived.

The American Civil Liberties Union (ACLU) and the National Center for Lesbian Rights (NCLR) have sent a letter to the Community Regional Medical Center in Fresno on behalf of the couple, seeking an apology and the policy changes listed below:

1. Adopt a comprehensive visitation’ policy that:
   • Affirms all patients’ rights to have visitors, explicitly including same-sex partners and their children;
   • Outlines a clear process for determining when visitors will be restricted and how that decision will be communicated; and
   • Includes a grievance procedure in the case of visitation denial that can be acted on quickly in an emergency situation
2. Ensure that your hospitals’ non-discrimination policy explicitly describes LGBT individuals as a protected group;
3. Ensure that that your patients’ bill of rights explicitly describes the rights of LGBT patients;
4. Provide LGBT healthcare training to the Emergency Department staff at Community Regional Medical Center in Fresno; and
5. Participate in the 2009 Healthcare Equality Index, an annual survey of healthcare industry policies and practices related to LGBT individuals and families.

The Community Regional Medical Center has until June 22, 2009 to respond to the letter or risk possible legal action. The hospital however has already issued a statement denying any wrongdoing.

Rowe and Orbin told their story to ABC7 in San Francisco. Watch:

Rachel Maddow brings on former DNC chair and Vermont governor Howard Dean to talk about the controversial defense of DOMA brief issued late last week. Dean also called DOMA unconstitutional.

Dean’s response is a strong one. I suspect Press Secretary Robert Gibbs has some ‘splaining to do tomorrow.

Senate Majority Leader Harry Reid and HRC President Joe Solmonese speak at a press conference on soon-to-be-passed hate crimes legislation.

[youtube]http://www.youtube.com/watch?v=EuldELb9KDs[/youtube]