The Status of LGBT Rights Bills in Congress

The Washington Blade has done an extensive report, interviewing Rep. Barney Frank and more, on the status of several different LGBT rights bills making their way through Congress and when they may actually hit the chambers' floors for voting.

DON'T ASK DON'T TELL

The effort to repeal “Don’t Ask, Don’t Tell” will likely come next year as an amendment to the Defense Department spending bill, rather than through a standalone bill, according to gay Rep. Barney Frank (D-Mass.).

Frank said in an interview with the Blade that repealing the 1993 law barring gays from serving openly in the military would happen as part of the fiscal year 2011 defense authorization bill.

“The House will take up and the Senate will take up ‘Don’t Ask, Don’t Tell’ repeal,” he said. “That will again, like hate crimes, even more so, will have to be done, I believe, in the context of the defense authorization. You can’t do the standalone bill. It belongs in the defense authorization.”

Currently, Rep. Patrick Murphy (D-Pa.) sponsors the standalone version of legislation in the House, but there is no equivalent for the Senate.

David Stacy, HRC’s senior public policy advocate, noted that Congress enacted “Don’t Ask, Don’t Tell” in 1993 as part of a defense authorization bill, so repealing the law via the same vehicle would mirror the process.

So look for Congress to take on DADT in the summer of 2010.


EMPLOYMENT NON-DISCRIMINATION ACT

"Action on other pro-LGBT legislation seems more imminent," reports the Blade. "Frank said Congress could advance the Employment Non-Discrimination Act . . . in the near future."

Frank, sponsor the the House version of ENDA, says the bill is in good shaped and headed to the House Education & Labor Committee would mark up ENDA before year’s end and then will hit the floor for a vote in February and then to Senate voting in Spring.

Allison Herwitt, legislative director for the Human Rights Campaign, is more optimistic and believes it could all happen before the end of the year.

Frank has concerns though on obtaining the necessary 60 votes in the Senate to overcome a filibuster for ENDA and DADT.


DOMESTIC PARTNERSHIP BENEFITS & OBLIGATIONS ACT

This bill would provide partner benefits to LGBT federal employees.

“That one I’m the most confident is going to become law because I think you have Senate support for it — enough to get to the 60” votes needed to overcome a filibuster, Frank said.

Lieberman is sponsor of the Senate version of the legislation while Rep. Tammy Baldwin (D-Wis.), the only out lesbian in Congress, is sponsoring the House version of the bill. Baldwin was recently quoted in The Hill as saying she “absolutely” believes there are enough votes to pass the bill in the House.

Herwitt believes this bill can be taken up along with ENDA.

“The critical question is, given the Republicans getting worse and worse on LGBT issues, whether we’ll get any Republicans voting,” Frank said. “I assume we would have safe senators — [Sen. Olympia] Snowe and [Sen. Susan] Collins, maybe [Sen. George] Voinovich or one or two others — but that’s the key.”


UNITING AMERICAN FAMILIES ACT/IMMIGRATION REFORM

This standalone bill, if passed, would allow LGBT citizens to sponsor a foreign partner for residency.

Immigration advocates hope provisions can be added as part of comprehensive immigration reform that are equal to UAFA.

Steve Ralls, spokesperson for Immigration Equality, said his organization is pushing for inclusion of the provision in immigration reform legislation that Rep. Luis Gutierrez (D-Ill.), Rep. Zoe Lofgren (D-Calif.) and Sen. Chuck Schumer (D-N.Y.) are expected to introduce later this year.

“They are still operating on a timeline of introduction around the end of the year,” Ralls said. “All indications that we have so far is that it’s probably late December, early January in terms of introduction of an actual bill.”

RESPECT FOR MARRIAGE ACT

The full-DOMA repeal, which has 104 sponsors, was introduced by Rep. Jerrold, Nadler. There is no Senate equivalent, though Sen. Russ Feingold has been approached. No hearings or markups have been scheduled.

“I think there’s three or four gay rights bills that are cued up,” said John Doty, a Nadler spokesperson. “The Respect for Marriage Act is a little bit further down that list. It hasn’t been talked about as long or debated as long … as the other bills.”

Frank is not a co-sponsor of the Respect for Marriage Act and said he’s not optimistic about the bill’s chances because “marriage is the toughest of these issues.”

“That’s why I do not see any chance of any success on marriage in the Congress this year,” he said. “Neither does anyone else, by the way, no matter what people pretend to make people feel better. But that’s why we’re focusing on these other issues.”

EVERY CHILD DESERVES A FAMILY ACT/ADOPTION BILL

This bill, introduced by Rep. Pete Stark, would restrict federal funding to states that have adoption restrictions, including those that bar same-sex couples from adopting. Frank intends to sign on as co-sponsor, but right now the bill has none.

Frank's optimistic, but - “Even people from certain states who don’t agree with that policy will be reluctant to vote to deny money to their states. Plus, you have Republican opposition in general. Remember, the Republicans are now almost monolithically against us.”

“I think this bill needs to be seen and viewed positively, most importantly, by the child welfare professionals and have the support of the leading child welfare and children’s rights organizations,” Herwitt said.

Barney Frank Explains His Criticisms of the National Equality March

Rep. Barney Frank Says March Will Only Put "Pressure on the Grass."

Rep. Barney Frank, in true characteristic form, opens his mouth again with brow raising results. And if calling the National Equality March "useless" wasn't enough the first time, he now says the march is a complete "waste of time at best."

"The only thing they're going to be putting pressure on is the grass," Frank told the AP.

"We hear Congressman Frank when he says this is about getting back into your district and doing the work there," said Kip Williams, co-director of the march and of One Struggle One Fight. But he said the march in Washington "is about building community and building a network who will go back and do that work."

Like I said the first time Frank criticized the march, "I have a lot of respect for Frank, but these comments just show how little time he's taken to read up on what his own community is up to. In the very least, he shouldn't discourage people to take a stand for themselves.

"He's missed the mark here. Usually I don't agree with people who say Frank should shut up more often, but in this case, I would have to concur."

AP Photo/Steven Senne

Openly Gay Rep. Barney Frank Says National Equality March is "Useless"; O'Reilly Makes Big Deal of Obama Picket

Rep. Barney Frank: March is "Useless"

On the Michelangelo Signorile radio show The Gist, Rep. Barney Frank discussed the National Equality March, calling it "useless."

Signorile's site reports: "I literally don't understand how this will do anything," [Frank] said. "People are kidding themselves. I don't want people patting themselves on the back for doing something that is useless." Besides, he says, "Barack Obama does not need pressure." He says we should model ourselves as lobbyists on "the National Rifle Association." He says people should not come to Washington and should stay home and lobby their members of Congress. "Nobody in Congress even knows they're there, he says, and he is not attending the March: He is going to California to raise money for himself and other Democrats.

If Frank would take a second and actually read what the march is about and what its agenda entails, he would realize that the people attending aren't just there to make a scene. They're there to be trained on how to lobby their representatives at home and to organize themselves in all 435 congressional districts. A big goal, yes, but it can be accomplished.

I have a lot of respect for Frank, but these comments just show how little time he's taken to read up on what his own community is up to. In the very least, he shouldn't discourage people to take a stand for themselves.

He's missed the mark here. Usually I don't agree with people who say Frank should shut up more often, but in this case, I would have to concur.


Key March Information

David Mixner has provided a great service by gathering key information about attending the march, saying "Quite honestly I don't have a damn idea on how many will attend but do know that it appears to be a weekend filled with substantive events for almost any person's desire. Just go to the events link and get the full picture."

Buses

Events

March Route

Rally and Speakers

Washington's Metro (Subway)


Bill O'Reilly Questions Why Gays Are Protesting Gays on Eve of March

Bill O'Reilly discusses with activist writer Wayne Besen the planned picketing by LGBT groups and activists outside of Saturday's HRC dinner where President Obama will be giving a speech.



Read Wayne Besen's take on Obama's attendance to the HRC dinner.

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.

Rep. Barney Frank Won't Co-Sponsor DOMA Partial Repeal; Bill Author Rep. Nadler Responds

Openly gay Rep. Barney Frank has declined to co-sponsor Rep. Jerry Nadler's partial Defense of Marriage Act (DOMA) repeal because he doesn't believe in the strategy and feels different issues are more pressing for the LGBT population.

"It's not anything that's achievable in the near term," Frank told the Washington Blade. "I think getting [the Employment Non-Discrimination Act], a repeal of 'Don't Ask, Don't Tell,' and full domestic partner benefits for federal employees will take up all of what we can do and maybe more in this Congress."

Frank also believes that the "certainty provision" of the repeal will cause more problems than fix. This provision will allow federal benefits to follow a married same-sex couple no matter if they live in a state that recognizes their marriage or if they move to one that doesn't.

"The provision that says you can take your benefits as you travel, I think, will stir up unnecessary opposition with regard to the question of are you trying to export it to other states," he said. "If we had a chance to pass that, it would be a different story, but I don't think it's a good idea to rekindle that debate when there's no chance of passage in the near term."

Frank believes the best offense against DOMA lies in two federal cases against the discriminatory bill. The first being the GLAD case Gil vs. Office of Personnel Management, which is aiming at Section 3 of DOMA which restricts federal recognition of same-sex marriages. The second case also aims at Section 3 which was filed by Massachusetts' Attorney General Martha Coakley, which claims that the federal government is interfering with Massachusetts' right to define marriage as it sees fit and as a result, discriminating against the state's legally married same-sex couples.

Rep. Nadler responded to Frank's concerns in a statement issued to the Blade, saying that such concerns shouldn't stop the bill's introduction.

"Mr. Frank knows better than anyone that our opponents will falsely claim that any DOMA repeal bill 'exports marriage' in an effort to generate fear and misunderstanding," Nadler said. "But the dishonest tactics of our opponents should not stop us from aggressively pushing to end this horrific discrimination now, as is the consensus of the nation's top LGBT groups who all support this approach."

Nadler emphasized that the proposed bill wouldn't force any state to marry gay couples or recognize same-sex couples under state law.

"Our bill allows states to continue deciding those questions, while ensuring uniform access to critically important federal responsibilities and rights that hinge on marriage and upon which all married couples should be able to rely," he said.

I am not one to question Barney Frank. His intelligence speaks volumes. But I feel that all valid efforts to win equal rights should be supported, especially right now when our chances are the best they've been in years with a Democratically controlled Congress and (this is debatable) an ally in the White House.

Though I do agree the federal cases against DOMA are smart and very powerful, to use this and the fact that Congress is too busy are very lame excuses.

As the always quotable Martin Luther King Jr. said, "A right delayed is a right denied." Oh, and "The time is always right to do what is right."

Doesn't mean it will always be pretty and that it won't cause confusion, but it's still right.

VIDEO: O'Reilly Questions Rep. Barney Frank on DOMA Brief; Maddow on Gov. Sanford's Hypocrisy

VIDEO: Reactions to Obama Memo Signing; Rep. Frank Changes Mind and Supports DOMA Brief; ACTIONS You Can Take

Rep. Tammy Baldwin talks to Rachel Maddow while HRC's Joe Solmonese talk to Keith Olbermann about Obama's memorandum extending limited federal benefits to gay employees.



Oscar-winning screenwriter of "Milk" Dustin Lance Black and attorney and former Clinton adviser Richard Socarides talk to Anderson Cooper. Both believe the Obama Administration is behind the curve. Iowa has marriage, and Obama can barely give any benefits to his own employees.



But the drama continues. The highest ranking gay U.S. representative, Barney Frank, has now down a 180 and actually comes out and supports the insulting DOMA brief issued by Obama and the DOJ. He claims his initial statement was made before he had actually read the brief. Oye.

“Now that I have read the brief, I believe that the administration made a conscientious and largely successful effort to avoid inappropriate rhetoric. There are some cases where I wish they had been more explicit in disavowing their view that certain arguments were correct, and to make it clear that they were talking not about their own views of these issues, but rather what was appropriate in a constitutional case with a rational basis standard – which is the one that now prevails in the federal courts, although I think it should be upgraded.”

“It was my position in that conversation with the reporter that the administration had no choice but to defend the constitutionality of the law. I think it is unwise for liberals like myself, who were consistently critical of President Bush’s refusal to abide by the law in cases where he disagreed with it to now object when President Obama refuses to follow the Bush example. It is the President’s job to try to change the law, but it is also his obligation to uphold and defend it when it has been enacted by appropriate processes. It would not be wise, in my judgment, for those of us who are gay, lesbian, bisexual or transgender, or who sympathize with the fight for our rights, to argue for a precedent that says that executives who disagreed politically with the purpose of the law should have the option of refusing to defend it in a constitutional case.”

Read the full statement. With the Washington Blade promising to show up to Frank's LGBT DNC fundraiser, taping all who attend the boycotted event with their cameras, donors are dropping like flies. Tsk tsk, Frank. This statement isn't going to help.

John Avarois, an attorney who writes at America Blog, had a few choice words of reaction, saying, "Our senior most gay member of Congress actually said that had Obama argued in court that DOMA is unconstitutional, that would be akin to George Bush not going to court to, for example, get a warrant to spy on Americans. Get it? Defending gay people is like spying illegally. But comparing us to incest and pedophilia, using what I'm told was pretty much the original brief the Bush administration used against us years ago, is somehow a sign that we're better than the Republicans - by repeating their arguments in court."

John also wrote an amazing summary at Salon.com about what lead up to the LGBT population feeling betrayed by the Obama Administration, titled "President Obama betrays the gay community: We supported you. Time to live up to your promises."

In it, he writes:

The president would like us to believe that he's awfully busy being president, and if we only wait a little while longer, we'll get our rights. Of course, the president isn't too busy to stab the community in the back by continuing the military discharges, defending DOMA, and comparing us to pedophiles. (On Wednesday, White House spokesperson Robert Gibbs was given a chance to repudiate the DOMA brief's language about incest and pedophilia and would not.)

When, Mr. President, will be a good time to set my people free? When will the leader of the free world get a breather, a presidential timeout as it were? (And I thought this was the administration that could walk and chew gum at the same time.) Are we really to believe that 2010, a congressional election year, will be any more timely than today? Or 2011, the beginning of the presidential primaries? Or 2012, with a congressional and presidential election? There is quite literally no time like the present.

Many others have chimed in, including the Los Angeles Times and the New York Times.

ACTION: So what can we do to keep the pressure up on Congress and the Administration to give us our federal rights (other than sitting around and griping, which I admit, I'm good at)?

1. Tell the President and Congress to DUMP DOMA! Our allies at the People for the American Way have had this form up for awhile, but let's flood it now with messages to our leaders to take action against this discriminatory law. And a big thanks to our allies!
   
2. Hate Crimes against LGBT has skyrocketed. URGE Congress to pass the Hate Crimes Bill by signing Change.org's petition.
3. Contact Congress and demand ENDA be passed so the whole LGBT population can work without the fear of being fired from their jobs just because they're LGBT. Also, check out SharedAgenda.org to learn more.
4. Sign the Courage Campaign's Don't Ask Don't Tell petition to the president urging him to end this law that is far from supporting our national interest.
5. If you are interested in organizing federally, a big opportunity is coming in October with the National March for Equality, where grassroots representatives from all 436 congressional districts (who are chosen locally) will come together to network and strategize on how to organize not only to gain federal rights, but to pool resources for major local battles ahead, such as in Maine and California who have referendums on marriage equality coming up. Find out more at NationalEqualityMarch.com.
   

We have proven this past week that when we speak in unison, we are heard. When we close our wallets, politicians scramble. When we organize, we win.

Let's not stop now. We have a lot more to accomplish.

Gay Rep. Barney Frank Says Boycotting DNC Fundraiser Big Mistake; Plans to Introduce ENDA Legislation

Openly gay and vociferous U.S. Rep. Barney Frank is with us in his anger about Obama and the DOJ's Boston Herald. "I’ve been in touch with the White House and I’m hoping the president will make clear these were not his views."

But if the brief didn't represent his views, then how did such an important federal brief touching on one of the biggest social issues facing our country get passed him? I don't know what's worse - that the brief expresses Obama's views or that it's an indication of reprehensible mismanagement. But that's a whole other topic.

Frank went on to say that he thinks it's a big mistake to boycott the LGBT DNC fundraiser that he's co-hosting. Already many big LGBT organizations have canceled on the event in response to the DOMA brief and the Administration's inaction for LGBT rights.

“There are a lot of people who aren’t boycotting,” he said. “I think it’s a mistake to deny money to the DNC.”

But it appears that Frank is more part of the damage control than part of the solution. Not only is he telling people to keep giving money, he's now introducing today his plans to introduce ENDA legislation next week.

The Washington Blade reports, "Diego Sanchez, who is transgender and a senior policy adviser to Frank, said the bill will be inclusive of sexual orientation and gender identity."

Don't get me wrong. I think this is great and wholly support and applaud Frank's efforts. But it's the timing that smells. It almost feels like a bribe. "Keep giving the money, and we'll introduce the legislation."

It feels like election night last November. Thrilled that Obama won, devastated that Prop 8 passed.

Can't good news arrive without it being tainted? What a mixture of feelings.

Rep. Barney Frank is Blunt on LGBT Rights

UPDATE: Full clip of Rep. Barney Frank's blunt assessment of LGBT rights under this Congress and President Obama.