Splitting that baby in half is being raised to an art form in the Obama administration. It’s as if they think if they just hand us a few crumbs, maybe we’ll go away – or more likely, maybe they’ll be able to say “look at all the things we’ve done, and you’re STILL whining?!” Obama is also hoping, I suspect, that he can con some naive gay rights organization into welcoming this “bold move” in order to give him cover for the DOMA incest brief and the ongoing DADT discharges. And once upon a time that might have been enough. I suspect Obama already has a group or three in his pocket, but as was proven over the past few weeks, the gay rights groups no longer control the community nor the agenda. And more importantly, the community isn’t stupid. Finding more “humane” ways to discriminate against us is not going to, I think, placate people. Rather, this “3/5ths a man” solution may just infuriate the community all the more.
As an aside, it’s interesting that Obama, who has been claiming that he must obey the letter of every law (well, actually, only the letter of anti-gay laws) is now trying to twist the law in ways that Congress may not have intended. Rather than trying to carve some questionable loophole out of existing law, why not just use his unquestioned power to issue a stop-loss order halting the discharges pending a legislative repeal? Good question.