President Obama Comments on Yesterday’s DOMA Supreme Court Ruling

President Obama’s remarks at a joint press conference in Senegal, where after speaking about yesterday’s Court decision on the Defense of Marriage Act (DOMA), he addressed the treatment of LGBT people in Africa.

You can read the transcripts from the full press conference here.

PRESIDENT OBAMA:  Well, first of all, I think the Supreme Court ruling yesterday was not simply a victory for the LGBT community, it’s a victory for American democracy.  I believe at the root of who we are as a people, who we are as Americans is the basic precept that we are all equal under the law.  We believe in basic fairness.  And what I think yesterday’s ruling signifies is one more step towards ensuring that those basic principles apply to everybody.

When I spoke to Ms. Windsor — 83 years old — and I thought about the 40 years of her relationship and her partner, who is now passed, for her to live to see this day where that relationship was the vehicle whereby more people received their rights and are recognized as a testament to the love and commitment that they have made to each other, that was special.  And that’s just a microcosm of what it meant for families and their children all across America.  So it was a proud day I think for America.

Now, as you point out, there are a whole lot of implications that flow from it, because the Supreme Court did not make a blanket ruling that applies nationally, but rather lifted up the ability of states to recognize the dignity and respect of same-sex marriage, and that the federal government couldn’t negate the decision by those states.  We now have to comb through every federal statute.  And although we hadn’t pre-judged what the ruling had been, I had asked my White House Counsel to help work with lawyers across every agency in the federal government to start getting a sense of what statutes would be implicated and what it will mean for us to administratively apply the rule that federal benefits apply to all married couples.

What’s true though is that you still have a whole bunch of states that do not recognize it.  The Supreme Court continues to leave it up to the states to make these decisions.  And we are going to have to go back and do a legal analysis of what that means.  It’s my personal belief — but I’m speaking now as a President as opposed to as a lawyer — that if you’ve been married in Massachusetts and you move someplace else, you’re still married, and that under federal law you should be able to obtain the benefits of any lawfully married couple.  But I’m speaking as a President, not a lawyer.

So we’re going to be evaluating all these issues and making sure that we work through them in a systematic and prompt way, because now that the Supreme Court has spoken it’s important that people who deserve these benefits know that they’re getting them quickly.  And I know that, for example, Chuck Hagel already mentioned some work that the Department of Defense is doing on that front.  And I think we’re going to be seeing that in all the various agencies.

Now, this topic did not come up in the conversation that I had with President Sall in a bilateral meeting.  But let me just make a general statement.  The issue of gays and lesbians, and how they’re treated, has come up and has been controversial in many parts of Africa.  So I want the African people just to hear what I believe, and that is that every country, every group of people, every religion have different customs, different traditions.  And when it comes to people’s personal views and their religious faith, et cetera, I think we have to respect the diversity of views that are there.

But when it comes to how the state treats people, how the law treats people, I believe that everybody has to be treated equally.  I don’t believe in discrimination of any sort.  That’s my personal view.  And I speak as somebody who obviously comes from a country in which there were times when people were not treated equally under the law, and we had to fight long and hard through a civil rights struggle to make sure that happens.

So my basic view is that regardless of race, regardless of religion, regardless of gender, regardless of sexual orientation, when it comes to how the law treats you, how the state treats you — the benefits, the rights and the responsibilities under the law — people should be treated equally.  And that’s a principle that I think applies universally, and the good news is it’s an easy principle to remember.

Every world religion has this basic notion that is embodied in the Golden Rule — treat people the way you want to be treated.  And I think that applies here as well.

Former Secretary of State Hillary Clinton Supports Same-sex Marriage

Former U.S. Secretary of State, Hillary Clinton, continues to champion human rights by supporting same-sex marriage. If you haven’t already heard what she has to say, watch the video below.

United States Issues UN Report on Its Own Human Rights Conditions

On December 30, the United States submitted its fourth periodic report to the United Nations Committee on Human Rights concerning the International Covenant on Civil and Political Rights (ICCPR), which is one of the most important human rights treaties that the United States has ratified. In a major departure from a prior Bush Administration report, sexual orientation and gender identity issues featured prominently in this current submission, with an honest and reflective perspective on the state of LGBT rights in the United States. The report chronicles recent progress made to advance LGBT equality at the federal and state levels, including the repeal of “Don’t Ask, Don’t Tell,” the passage of hate crime legislation, support for a variety of family recognition mechanisms, and the legal recognition of gender identity discrimination in the workplace.

When the United States presented its last report to the Committee on Human Rights in 2006, the U.S. delegation tried to deny the application of longstanding sexual orientation and gender identity protections under the ICCPR, even though the Committee has recognized rights to privacy and non-discrimination for LGBT individuals since at least 1992.  During that 2006 review, a member of the UN Committee noted publicly that the U.S. delegation, which included the head of the civil rights division of the U.S. Justice Department, demonstrated a lack of awareness of the “longstanding and consistent” jurisprudence of the Committee on these issues.  The UN expert expressed his concern that by denying the existence of these rights under the ICCPR, the U.S. government might suggest that persons of diverse sexual orientations and identities are not fully entitled to the rights to life and privacy under the treaty.  In contrast, by reporting so extensively on LGBT-related concerns in this current UN report, the Obama Administration has now made an unequivocal legal statement recognizing that international law protects the human rights of all individuals, including on the basis of sexual orientation and gender identity.  Indeed, this is the legal justification for Secretary Clinton’s emphatic assertion that “human rights are gay rights and gay rights are human rights, once and for all.”