No Action on DOMA Repeal Until 2013

CORRECTION: No real action until 2013! "...lawmakers ... could take up legislation to repeal DOMA — known as the Respect for Marriage Act — at the end of the two-year session starting in 2011."

U.S. Rep. Jerrold Nadler introduced the Respect for Marriage Act (RMA) in September, and if it passes, it will effectively repeal the heinous 1996 Defense of Marriage Act (DOMA), a piece of knee-jerk legislation from Congress fearing that the near success of marriage equality in Hawaii at the time would spread through the nation like some plague.

Don't get me started.

However, up to this point, we haven't had much of a time line for RMA. Last month, Nadler spokesperson John Doty said, "I think there’s three or four gay rights bills that are cued up. 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."

Rep. Barney Frank agreed. "...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. 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."

Today, the DC Agenda has posted its interview with Nadler and he talks timing. Nadler says a DOMA repeal won't happen in this Congress and instead he will focus on building support for the issue and then take it up in 2011 after elections, and maybe then not until the end of that term. In the meantime, they will focus on other pro-LGBT legislation taking precedence, such as ENDA and DADT repeal, which they hope to accomplish by the end of 2010.

“The Respect for Marriage Act is a bill that we can’t pass right now; we know we can’t pass it right now,” he said. Currently, it has 105 co-sponsors.

Nadler told the DC Agenda that he believes support will grow, and despite not showing too much enthusiasm to the public, he says House Speaker Nancy Pelosi has been quietly encouraging her colleagues to sign on a co-sponsors.

As for Rep. Frank: “We have a disagreement on the strategy on this obviously, as we had a disagreement on the strategy over the non-inclusive ENDA last [Congress] where we no longer have that disagreement,” he said. “And, I presume, in the end, we will not have a disagreement on this.”

Even with Democrats potentially in danger, Nadler said he didn’t think lawmakers would avoid LGBT issues next year to reduce a perceived risk of alienating voters before the election.

“I think we’re going to face most of these issues this Congress, mostly next year,” he said. “I’m assuming that the gay community is going to keep the pressure on. I mean, don’t go to sleep because I said it as that. If the gay community keeps the pressure on, then I think that, yes, we’ll probably face most of these issues.”

Don't worry, Rep. Nadler. We aren't going anywhere.

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.

Sen. John Kerry Backs New Lawsuit Against DOMA Involving Bi-National Couple

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David Mixner Gives Call to Action: Stop the gAyTM For All Democrats Not Supporting DOMA Repeal

Last month, Rep. Jerrold Nadler introduced the DOMA repeal legislation, the Respect for Marriage Act. Many House Democrats have jumped on board as co-sponsors, but sadly, not all, including House Speaker Nancy Pelosi and openly gay Barney Frank.

On his blog today, David Mixner lists all the co-sponsors and gives a call to action, stating "There is simply no reason why every Democrat is not on that list and also some of our Republicans allies. If you see your Congressperson's name missing below, get a group of your fellow activists and friends and go see them in person. Call. E-mail. Refuse to contribute to any Democrat that is not on this legislation to repeal DOMA."

The list:

Rep Abercrombie, Neil [HI-1]
Rep Ackerman, Gary L. [NY-5]
Rep Andrews, Robert E. [NJ-1]
Rep Arcuri, Michael A. [NY-24]
Rep Baldwin, Tammy [WI-2]
Rep Becerra, Xavier [CA-31]
Rep Berkley, Shelley [NV-1]
Rep Berman, Howard L. [CA-28]
Rep Blumenauer, Earl [OR-3]
Rep Brady, Robert A. [PA-1]
Rep Capps, Lois [CA-23]
Rep Capuano, Michael E. [MA-8]
Rep Castor, Kathy [FL-11]
Rep Chu, Judy [CA-32]
Rep Clarke, Yvette D. [NY-11]
Rep Clay, Wm. Lacy [MO-1]
Rep Conyers, John, Jr. [MI-14]
Rep Courtney, Joe [CT-2]
Rep Crowley, Joseph [NY-7]
Rep Davis, Susan A. [CA-53]
Rep DeGette, Diana [CO-1]
Rep Delahunt, Bill [MA-10]
Rep DeLauro, Rosa L. [CT-3]
Rep Doyle, Michael F. [PA-14]
Rep Edwards, Donna F. [MD-4]
Rep Ellison, Keith [MN-5]
Rep Engel, Eliot L. [NY-17]
Rep Farr, Sam [CA-17]
Rep Fattah, Chaka [PA-2]
Rep Filner, Bob [CA-51]
Rep Grijalva, Raul M. [AZ-7]
Rep Gutierrez, Luis V. [IL-4]
Rep Hall, John J. [NY-19]
Rep Harman, Jane [CA-36]
Rep Hastings, Alcee L. [FL-23]
Rep Heinrich, Martin [NM-1]
Rep Himes, James A. [CT-4]
Rep Hinchey, Maurice D. [NY-22]
Rep Hirono, Mazie K. [HI-2]
Rep Hodes, Paul W. [NH-2]
Rep Holt, Rush D. [NJ-12]
Rep Honda, Michael M. [CA-15]
Rep Israel, Steve [NY-2]
Rep Jackson, Jesse L., Jr. [IL-2]
Rep Johnson, Henry C. "Hank," Jr. [GA-4]
Rep Kennedy, Patrick J. [RI-1]
Rep Kilroy, Mary Jo [OH-15]
Rep Kucinich, Dennis J. [OH-10]
Rep Larson, John B. [CT-1]
Rep Lee, Barbara [CA-9]
Rep Lewis, John [GA-5]
Rep Lofgren, Zoe [CA-16]
Rep Lowey, Nita M. [NY-18]
Rep Lujan, Ben Ray [NM-3]
Rep Lynch, Stephen F. [MA-9]
Rep Maffei, Daniel B. [NY-25]
Rep Maloney, Carolyn B. [NY-14]
Rep Markey, Edward J. [MA-7]
Rep Matsui, Doris O. [CA-5]
Rep McCollum, Betty [MN-4]
Rep McDermott, Jim [WA-7]
Rep McGovern, James P. [MA-3]
Rep Meeks, Gregory W. [NY-6]
Rep Miller, George [CA-7]
Rep Moran, James P. [VA-8]
Rep Murphy, Christopher S. [CT-5]
Rep Napolitano, Grace F. [CA-38]
Rep Norton, Eleanor Holmes [DC]
Rep Olver, John W. [MA-1]
Rep Pallone, Frank, Jr. [NJ-6]
Rep Pastor, Ed [AZ-4]
Rep Payne, Donald M. [NJ-10]
Rep Pingree, Chellie [ME-1]
Rep Polis, Jared [CO-2]
Rep Quigley, Mike [IL-5]
Rep Rangel, Charles B. [NY-15]
Rep Rothman, Steven R. [NJ-9]
Rep Roybal-Allard, Lucille [CA-34]
Rep Sanchez, Linda T. [CA-39]
Rep Sarbanes, John P. [MD-3]
Rep Schakowsky, Janice D. [IL-9]
Rep Scott, Robert C. "Bobby" [VA-3]
Rep Serrano, Jose E. [NY-16]
Rep Sestak, Joe [PA-7]
Rep Shea-Porter, Carol [NH-1]
Rep Sherman, Brad [CA-27]
Rep Speier, Jackie [CA-12]
Rep Stark, Fortney Pete [CA-13]
Rep Tierney, John F. [MA-6]
Rep Tonko, Paul D. [NY-21]
Rep Towns, Edolphus [NY-10]
Rep Tsongas, Niki [MA-5]
Rep Velazquez, Nydia M. [NY-12]
Rep Wasserman Schultz, Debbie [FL-20]
Rep Watson, Diane E. [CA-33]
Rep Waxman, Henry A. [CA-30]
Rep Weiner, Anthony D. [NY-9]
Rep Welch, Peter [VT]
Rep Wexler, Robert [FL-19]
Rep Woolsey, Lynn C. [CA-6]
Rep Wu, David [OR-1]

ACTION: Don't know who your representative is? Go here, find out, and if they're not on the list above, demand they support the Respect for Marriage Act and don't give them money until they do!

Lambda Legal Describes What the DOMA Repeal, Respect for Marriage Act, Will Do For Us

Lambda Legal helpfully goes into detail how the DOMA repeal Respect for Marriage Act will benefit us if it passes.

Lambda Legal-Respect for Marriage Act Benefits

Rep. Blumenauer: Voting for DOMA Was "Worst Vote of My Political Career." Help Repeal It!

In a honest piece on the Huffington Post, Oregon U.S. Representative Earl Blumenauer wrote, "On July 12, 1996, I cast the worst vote of my political career. Having served in public office since 1973, that says something. While I've made other mistakes, this was different: it was a deliberate vote that I knew to be poor public policy and was against my values."

Reading it was heart-wrenching. In what can only be described as "confessional," Blumenauer admits to sacrificing the "civil rights and identity" of LGBT people nationwide in an effort to move past the miasma of the Gingrich-Daley Congress of the time.

Blumenauer is determined to right his wrongs and will not only vote for the DOMA repeal 'Respect for Marriage Act', but he will also work to get his colleagues to do the same.

You can help Blumenauer in a variety of ways.

Go to Change.org and sign a letter sponsored by the Human Rights Campaign that will go to your representative, urging them to support the Respect for Marriage Act.

You can also reach your representative through the Courage Campaign.

Tell Blumenauer thank you through Twitter. Michael Jones as Change.org suggests, ". . . feel free to send him a message on Twitter - @RepBlumenauer. Might we suggest, "@RepBlumenauer thanks for switching your position on the Defense of Marriage Act and working to end discrimination."

VIDEO: Watch Rep. Nadler Introduce the DOMA Repeal, 'Respect for Marriage Act.'

Yesterday, Rep. Jerrold Nadler and fellow U.S. Representatives introduced the full DOMA repeal, the Respect for Marriage Act. Below is the video of Nadler at the press conference.



Here is a family explaining how DOMA affects them personally.