Tag Archives: Obama

Obama Nominee for Judge Could Be First Openly Gay Man on the Federal Bench

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from the New York Times; written by: Benjamin Weiser

President Obama has nominated a former Clinton administration lawyer to be a federal judge in Manhattan; he could become the first openly gay man to serve on the federal bench in the United States.

The lawyer, J. Paul Oetken, 45, is a senior vice president and associate general counsel of Cablevision.

He is one of two openly gay men whose nominations are pending to the federal courts. The other is Edward C. DuMont, a lawyer who has been nominated to the Court of Appeals for the Federal Circuit in Washington.

Mr. Oetken was originally recommended to the White House in September by Senator Charles E. Schumer, who described him as having “sterling legal credentials” and a “distinguished career in private practice and public service.”

His nomination on Wednesday came about a year after Mr. Schumer recommended that the president nominate Daniel S. Alter, a former assistant United States attorney in Manhattan, who is also openly gay, to the same court.

But Mr. Alter was not nominated. He has said he believes it was because of statements attributed to him relating to the use of the term “Merry Christmas” and to the Pledge of Allegiance, which he denied having made.

Senator Schumer said on Thursday that Mr. Oetken fit his three criteria for federal judges: legal excellence, moderation of views and diversity.

“I am looking for people who fit the three criteria, and I was shocked to learn there were no openly gay male judges on the entire federal bench.” Mr. Oetken “fit the bill,” he added.

Mr. Oetken, a graduate of the University of Iowa and Yale Law School, was a law clerk to Supreme Court Justice Harry A. Blackmun and worked in the Justice Department and in the White House counsel’s office.

Before joining Cablevision, Mr. Oetken was in private practice in New York.

If confirmed by the Senate, Mr. Oetken, who lives in Manhattan, would fill the slot previously held by Judge Denny Chin, who has been elevated by President Obama to the federal appeals court in Manhattan.

Mr. Schumer declined to comment on the matter involving Mr. Alter, whose recommendation he announced last February at a dinner of the Human Rights Campaign, a national gay rights group. At the time, he called Mr. Alter “a brilliant attorney,” adding that he would be “a history-maker who will be the first openly gay male judge” nominated to the federal bench.

Mr. Alter, a graduate of Columbia and Yale Law, was an assistant United States attorney and later national director for civil rights for the Anti-Defamation League.

Mr. Alter declined to comment on Thursday, but told The New York Law Journal in October that his nomination appeared to have run into trouble because of “certain false attributions” to him of statements that he denied making.

The Washington Blade had earlier reported that Mr. Alter, while working for the Anti-Defamation League, was quoted in a news service article as recommending against merchants using “Merry Christmas” instead of a more generic greeting and in remarks in a magazine suggesting the group favored legal challenges to the use of “under God” in the Pledge of Allegiance.

Mr. Alter told The Law Journal: “Neither of the quotations attributed to me are accurate or in any way reflect my personal reviews.” The White House has declined to comment on the issue.

Last summer, 66 of his former colleagues in the United States attorney’s office wrote to Mr. Schumer, urging the senator to fight for his nomination.

“We stress that if Mr. Alter’s nomination were derailed by these false allegations, the loss to the federal judiciary and to the public would be significant,” the letter said. The signers included two former United States attorneys, James B. Comey and David N. Kelley; Mr. Comey was later a deputy attorney general in the Bush administration.

Another of the signers, Gideon A. Schor, said on Thursday that the failure of Mr. Alter to be nominated “was crushing.”

“It was a real loss, I think, for the public and the bench and the lawyers and the parties,” he said, adding, “For all of our sakes, I hope he gets another chance.”

The Original Article can be found at this link:

http://www.nytimes.com/2011/01/28/nyregion/28judge.html?smid=tw-nytimes

The Repeal of “Don’t Ask, Don’t Tell”

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From the New York Times, by: Sheryl Gay Stolberg
WASHINGTON — The military’s longstanding ban on service by gays and lesbians came to a historic and symbolic end on Wednesday, as President Obama signed legislation repealing “don’t ask, don’t tell,” the contentious 17-year old Clinton-era law that sought to allow gays to serve under the terms of an uneasy compromise that required them to keep their sexuality a secret.

“No longer will tens of thousands of Americans in uniform be asked to live a lie or look over their shoulder,” Mr. Obama said during a signing ceremony in a packed auditorium at the Interior Department here. Quoting the chairman of his joint chiefs of staff, Admiral Mike Mullen, Mr. Obama went on, “Our people sacrifice a lot for their country, including their lives. None of them should have to sacrifice their integrity as well.”

The repeal does not immediately put a stop to “don’t ask, don’t tell.” Mr. Obama must still certify that changing the law to allow homosexual and bisexual men and women to serve openly in all branches of the military will not harm readiness, as must Defense Secretary Robert Gates and Admiral Mullen, before the military can implement the new law. But the secretary and the admiral have backed Mr. Obama, who said ending “don’t ask, don’t tell” was a topic of his first meeting with the men. He praised Mr. Gates for his courage; Admiral Mullen, who was on stage with the president during the signing ceremony here, received a standing ovation.

While there is still significant resistance within the military to the change in policy, especially within the Marine Corps, at least one proponent — Representative Barney Frank, the openly gay Democrat from Massachusetts — insisted on Wednesday that this latest effort to integrate the armed services will go more smoothly than did racial or gender integration.

“Reality will very soon make it clear that there is nothing to worry about,” Mr. Frank said. He called the signing the biggest civil rights moment in the nation since the signing of voting rights legislation in the 1960s. “If you can fight for your country, you can do anything,” he said.

In the years since President Bill Clinton first enacted “don’t ask, don’t tell” in 1993, some 17,000 service members have been discharged under the policy. While many gay people in the military are now breathing a sigh of relief, the Servicemembers Legal Defense Network, which represents soldiers facing charges under the policy, is warning its members that they are “still at risk” because the repeal will not take full effect until 60 days after Mr. Obama, the defense secretary and admiral certify readiness.

“The bottom line is DADT is still in effect and it is not safe to come out,” the organization said.

For Mr. Obama, the ceremony — held at the Interior Department because the White House is tied up with holiday tours — marked yet another in a string of last-minute, bipartisan legislative triumphs, a surprising turnaround in the wake of the self-described “shellacking” his party took at the polls last month. He had already signed a bipartisan tax deal into law, and the Senate appears headed on Wednesday to approve a new nuclear arms pact with Russia, which will give him a significant foreign policy victory as he wraps up the first half of his term. He looked relaxed and upbeat as he soaked up the energy from an enthusiastic crowd.For the gay rights movement, which has been frustrated with the pace of progress under Mr. Obama, Wednesday marked a celebratory turning point. “Thank you, Mr. President,” someone shouted, as Mr. Obama took the stage, prompting a round of other shouts: “Chicago’s in the house, Mr. President! You rock, Mr. President!” Mr. Obama pronounced himself overwhelmed.

The audience for the ceremony included a who’s who of gay activists, among them Frank Kameny, who was fired from a civilian job as an Army astronomer in 1957 — an act that prompted him to found a gay rights advocacy organization in Washington D.C. and to file a lawsuit which went all the way to the Supreme Court. In 1965 he picketed the White House, in the first ever demonstration there by gays.

Now white-haired at 85, Mr. Kameny also served as an enlisted Army soldier; he signed up in May 1943, he said, three days before he turned 18, and saw “front line combat” in Germany during World War II. He said he was asked if he had “homosexual tendencies” and denied it. “They asked, and I didn’t tell,” he said, “and I resented for 67 years that I had to lie.”

Link to the article is here: http://www.nytimes.com/2010/12/23/us/politics/23military.html?ref=politics