BREAKING NEWS: FULL Repeal of DOMA Introduced to U.S. House Called the 'Respect for Marriage Act'

Today U.S. Rep. Jerry Nadler (D-NY), along with Tammy Baldwin (D-Wis.) Jared Polis (D-CO), John Lewis (D-GA) and Nydia Velazquez (D-NY), introduced the Respect for Marriage Act (RMA) at a press conference, and contrary to earlier reports that it was a partial repeal, what was introduced today is a FULL repeal of all three sections of the Defense of Marriage Act (DOMA). So far, the bill has 91 co-sponsors.

From Nadler's press release:

The 13-year-old DOMA singles out legally married same-sex couples for discriminatory treatment under federal law, selectively denying them critical federal responsibilities and rights, including programs like social security that are intended to ensure the stability and security of American families.

The Respect for Marriage Act, the consensus of months of planning and organizing among the nation’s leading LGBT and civil rights stakeholders and legislators, would ensure that valid marriages are respected under federal law, providing couples with much-needed certainty that their lawful marriages will be honored under federal law and that they will have the same access to federal responsibilities and rights as all other married couples.

The Respect of Marriage Act would accomplish this by repealing DOMA in its entirety and by adopting the place-of-celebration rule recommended in the Uniform Marriage and Divorce Act, which embraces the common law principle that marriages that are valid in the state where they were entered into will be recognized. While this rule governs recognition of marriage for purposes of federal law, marriage recognition under state law would continue to be decided by each state.


The Respect for Marriage Act would not tell any state who can marry or how married couples must be treated for purposes of state law, and would not obligate any person, church, city or state to celebrate or license a marriage of two people of the same sex. It would merely restore the approach historically taken by states of determining, under principles of comity and Full Faith and Credit, whether to honor a couple’s marriage for purposes of state law.

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“The full repeal of DOMA is long overdue,” said Rep. Nadler. “When DOMA was passed in 1996, its full harm may not have been apparent to all Members of Congress because same-sex couples were not yet able to marry. It was a so-called ‘defense’ against a hypothetical harm. This made it easy for our opponents to demonize gay and lesbian families. Now, in 2009, we have tens of thousands of married same-sex couples in this country, living openly, raising families and paying taxes in states that have granted them the right to marry, and it has become abundantly clear that, while the sky has not fallen on the institution of marriage, as DOMA supporters had claimed, DOMA is causing these couples concrete and lasting harm. Discrimination against committed couples and stable families is terrible federal policy. But, with a President who is committed to repealing DOMA and a broad, diverse coalition of Americans on our side, we now have a real opportunity to remove from the books this obnoxious and ugly law.”

The rest of the press release contains inspirational quotes from fellow Representatives, Evan Wolfson of Freedom to Marry, Joe Solmonese of the Human Rights Campaign, Rea Carey of the National Gay and Lesbian Task Force and Kevin Cathcart of Lambda Legal.

The Advocate reports that at the press conference, Nadler read a statement from President Bill Clinton, who signed DOMA into law in 1996, thanking the Representatives for introducing RMA.

“Throughout my life I have opposed discrimination of any kind," Clinton said in the statement. "When the Defense of Marriage Act was passed, gay couples could not marry anywhere in the United States or the world for that matter. Thirteen years later, the fabric of our country has changed, and so should this policy.”

The bill will repeal all three sections of DOMA, which are:

1. The federal definition of marriage being between one man and one woman.
2. Allows states to ignore other state's recognition of same-sex marriage.
3. Prohibits federal government from recognizing legal same-sex marriages.
   

As Rep. Baldwin put it at the press conference, "The legislation we're introducing today will legally extend to legally married same-sex couples the same federal rights and recognitions now offered to heterosexual couples -- nothing more, nothing less."

However, states will still have the right to not recognize same-sex marriages legally performed in other states, a right they have always had in regards to any and all marriages performed outside their borders.

“States would have to apply the normal principles of comity, which dictate when you recognize the actions of another state,” explained Nadler. “Under the full faith and credit clause of the constitution, the conclusion might be that in some cases they recognize it and in some cases, they don’t.”

In an effort to address this, the bill contains a "certainty" provision which guarantees a married same-sex couple that federal benefits will follow them wherever they live, even in a state that doesn't recognize their marriage.

This "certainty" provision was one of the reasons that openly gay Rep. Barney Frank declined to cosponsor the bill, claiming he's against the strategy which could cause resistance in Congress and that it's confusing. Frank is placing his bets on the federal case against DOMA filed by GLAD.

Congressman Polis disregarded Frank's views, saying at the press conference, "Whether this takes a year, six months, three years, what we're accomplishing here today is getting the ball rolling."

Naturally, our friends at the National Organization for Marriage (NOM) is up in arms over the bill's introduction. In an email sent out today asking members for money to fight this development, Executive Director Brian Brown wrote:

We've known this day would come. President Obama has been advocating the repeal of DOMA since his first day in office. Gay marriage activists have debated the strategy and timing for pushing the bill in Congress.

And we're ready. Already, we are more than 500,000 strong as Americans from every walk of life have joined our ranks to stand firm against radical efforts to force same-sex marriage in every state. Our goal is 2 million Americans by the end of 2010. If each of us were to tell just three friends about TwoMillionforMarriage.com, we'd reach our goal in mere days.

Now it's time to speak truth to power! Gay marriage advocates are divided on DOMA -- even Rep. Barney Frank thinks the DOMA repeal bill is overreaching and has refused to support it. Now is our chance to send a clear message to Congress that will galvanize opposition to the DOMA repeal, and help sway those who are on the fence. The message is simple: Don't mess with marriage.

Just a few years ago, gay marriage advocates spoke of "state's rights" and a "gay marriage experiment" in a handful of states. Obviously, they didn't believe a word of it, and today they want to force same-sex marriage on every state in the nation, "like it or not."

Marriage isn't about inside-the-Beltway opportunism, or scoring political points. It's about honesty and integrity. Protecting children and religious liberty.

Pam's House Blend has a list of many more official responses to the bill.

Currently no equivalent bill in the Senate has been introduced, but sources of the Advocate claim the Sen. Russ Feingold of Wisconsin and Sen. Charles Schumer of New York are in discussions.

Read HRC's survey results on the effects of DOMA.

Obama Commemorates Stonewall with White House Reception, Reaffirms Commitment to LGBT in Speech

Today, President Obama addressed a crowd of LGBT leaders at the White House's 30-minute reception commemorating the 40th Anniversary of Stonewall, and in a speech he reaffirmed that by the end of his tenure, they would "feel good about the Obama administration."

Obama, in his speech, said that he was still committed to overturning the Don't Ask Don't Tell and the Defense of Marriage Act as well as supporting other gay rights bills including a transgender inclusive ENDA that was introduced by Rep. Barney Frank last week.

In reference to the DOJ's infamous DOMA brief, Obama said, "Now, I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law. I've made that clear."

In response to criticism of foot dragging by his administration, Obama stated, "And I know that many in this room don't believe that progress has come fast enough, and I understand that. It's not for me to tell you to be patient any more than it was for others to counsel patience for African-Americans who were petitioning for civil rights a half century ago," he said.

The President's full speech is available in transcript at the White House website.

MSNBC interviewed openly gay U.S. Rep. Jared Polis shortly after the reception. The interview below contains clips from Obama's speech.



For a critical take on today's speech, read Joe Sudbay at America Blog.

See a list of attendees.
Image by Kerry Eleveld of The Advocate.

Obama and Clinton Accused of Inaction As Iraqi LGBT Torture and Murder Continue

The Iraqi LGBT population have been suffering from severe persecution ever since the US invaded Iraq, exposing them to torture and murder.

Back in April, Colorado Rep. Jared Polis sent a letter to the chargé d’affaires at the US embassy in Iraq about the situation and as a result, recently had the opportunity to meet with them.

It didn't go so well. LGBT Asylum News and Iraqi LGBT issued the following press release:

Iraqi gays condemn Obama/Clinton inaction on pogrom
Embassy statement 'offensive and insulting'

Iraqi lesbians, gays, bisexuals and transgender people (LGBT) has spoken of their deep anger and offence at a statement by the Baghdad US Embassy concerning the violence and murder campaign against gays.

In a response to US Rep. Jared Polis, following a meeting with Iraqi government officials, chargé d’affaires Patricia Butenis said "We have no evidence that [the Iraq government's] security forces are in any way involved with these militias."

Iraqi LGBT has been reporting for four years on police involvement with the terror campaign.

Group members speaking from Iraq said that they are "fed up with such 'political' words" and that the Americans are doing nothing to stop the terror campaign against them. They believe that the priority for Hillary Clinton's State Department and Obama's administration is to not upset the Iraqi government as they have no other allies within the country.

They believe that no-one is trying to help them and feel that the current timid diplomacy "will not do much good".

"These words from the American embassy officials are insulting to us, and to those many friends of ours who have murdered. This statement is evidence that the Iraqi government is doing nothing to protect its citizens."

"They are responsible for these crimes through bringing no one to justice, refusing to acknowledge their police's involvement and providing no rights for Iraqi LGBT in law."

"People should not forget that what's happening in Iraq right now is a direct result of the unlawful US invasion."

Scott Long, director of Human Rights Watch’s LGBT Rights Program, has also criticism the State Department. In an interview with EdgeBoston, responding to State spokesperson John T. Fleming's pointed statement that 'homosexuality is not a crime in Iraq', Long responded that the fact that homosexuality is not a crime punishable by death "would be an interesting fact if the law, or the rule of law, mattered in Iraq."

Long has just returned from a fact-finding mission to Iraq where he spoke to 25 survivors from Baghdad and other cities, including Najaf, Basra and Samarra.

As a consequence of what they found, Human Rights Watch has been organizing ways for as many LGBT Iraqis as possible to get out of the country.

Colorado U.S. Rep. Jared Polis, who has spoken about Iraqi government involvement with the violence, has written with Reps. Tammy Baldwin and Barney Frank to U.S. ambassador to Iraq, Christopher Hill.

"As LGBT Americans and co-chairs of the Congressional LGBT Equality Caucus, we are disturbed and shocked at allegations that Ministry of the Interior Security Forces may be involved in the mass persecution and execution of LGBT Iraqis ... The persecution of Iraqis based on sexual orientation or gender identity is escalating and is unacceptable regardless of whether these policies are extrajudicial or state-sanctioned."

The letter called on the U.S. embassy in Iraq to "prioritize the investigation" of the allegations and work with the Iraqi government to end the executions of LGBT Iraqis. Polis is drafting another letter that would be signed by more members of Congress and sent to Secretary of State Hillary Clinton.

So let me get this right. This is the same embassy who decided to throw a "first-ever U.S. Embassy Gay Pride Theme Party" blocks away from persecuted LGBT a couple weeks ago?

Unfortunately, by this point, their insensitivity is not shocking but something to be expected.

I was honored to have the chance to speak in front of the Los Angeles City Council about this issue and witnessed as they passed a resolution condemning the persecution last month, but it doesn't seem to have made a dent in our government's reaction to the crisis.

The day after the resolution passed, my friend Mike Bonin, Chief of Staff to LA City Councilmember Rosendahl, directly asked Vice President Biden what was being done about the persecution, but the answer wasn't all that encouraging. Came down to, "Not much."

WHAT IS IT GOING TO TAKE FOR AMERICA TO LIVE UP TO ITS OWN PRINCIPLES AND STAND UP FOR HUMAN RIGHTS IN THE VERY COUNTRY IT'S OCCUPYING?

I implore you to:

1. Contact the Embassy and tell them to launch a formal investigation into the Iraqi's government involvement and to demand the Obama administration to act.
2. Contact Secretary of State Clinton and demand action to put an end to this!
3. Sign this petition going to the President and US Congress demanding an investigation to the torture and murder.
4. Join this Facebook group to stay involved, to be informed and to show support for Iraqi LGBT.

Congressman Jared Polis’ Letter to Embassy in Iraq on Gay Executions

Thanks to Mike Tidmus and journalist Rex Wockner, I have been able to obtain a copy of the letter that Congressman Jared Polis’ letter to the chargé d’affaires at the US embassy in Iraq about the recent executions of gay men in Iraq.

Congressman Jared Polis’ letter to the chargé d’affaires at the US embassy in Iraq.

Publish at Scribd or explore others: iraq lgbt rights

Congressman Jared Polis' statement on the investigation on his website.

GLBT Executions in Iraq Have Begun

A cross post with Mike Tidmus, a San Diego blogger.

A few weeks back I wrote about the pending executions of GLBT Iraqis. [UTF's post] According to reports from Colorado Congressman Jared Polis and international human rights organizations the executions have begun. Veteran journalist Rex Wockner has this up at his blog:

Polis: Iraqi GLBT executions have begun

By Rex Wockner

Of the five or six members of Iraqi LGBT who reportedly have been sentenced to death in Baghdad for belonging to a supposedly banned organization, one has escaped custody and one has been executed, says U.S. Rep. Jared Polis, D-Colo.

According to Polis, the “egregious human rights violations” are “being carried out by Iraqi government officials from the Ministry of the Interior.”

“While I do not know if these executions are being sanctioned at the highest levels of the Iraqi government, it is nonetheless disturbing that government officials and state-funded security forces are involved in the torturing and execution of LGBT Iraqis,” Polis wrote to Patricia Butenis, the chargé d’affaires at the U.S. Embassy in Iraq.

Polis said the U.S. government “appears to be largely unaware that the executions of gay and transgender Iraqis have been able to occur in Iraq” and has expressed an “unwillingness to seriously consider these allegations and examine the evidence (from) international human rights watchdog organizations.”

Contact the US State Department and demand an investigation. Find and contact your US Representatives here, and find and contact your US Senators here.

Image: On July 19, 2005 the government of Iran executed teenagers Mahmoud Asgari and Ayaz Marhoni in Iran (aged 15 and 16-years-old, respectively, at the time of their arrests), apparently for the “crime” of having gay sex.