Half Of Congress Files DOMA Brief

Almost half of the sitting members of Congress today filed a joint Supreme Court brief in the support of the overturn of DOMA. Via press release:

Today, Democratic Leader Nancy Pelosi (D-CA) and Ranking Constitution Subcommittee Member Jerrold Nadler (D-NY) in the House, and Senator Dianne Feinstein (D-CA) and Senate Judiciary Chairman Patrick Leahy (D-VT) in the Senate, along with House Democratic Whip Steny Hoyer (D-MD), Ranking House Judiciary Member John Conyers, Jr. (D-MI), Senate Majority Leader Harry Reid (D-NV), and Assistant Senate Majority Leader Dick Durbin (D-IL), are filing an amicus brief in the United States Supreme Court in U.S. v. Edith Schlain Windsor, a landmark challenge to Section 3 of the 1996 Defense of Marriage Act (DOMA).  Section 3 defines marriage for purposes of federal law as “only a legal union between one man and one woman,” excluding same-sex couples from all marriage-based federal responsibilities and rights.  A total of 172 Members of the House and 40 Members of the Senate – including LGBT Equality Caucus Co-Chairs Jared Polis (D-CO), David Cicilline (D-RI), Sean Patrick Maloney (D-NY), Mark Pocan (D-WI), Kyrsten Sinema (D-AZ), and Mark Takano (D-CA), as well as Senator Tammy Baldwin (D-WI) – signed onto the brief.

These 212 Members decided to participate as amici in this case because they want the Supreme Court to hear the full story from Congress, and to explain why they believe that Section 3 of DOMA is unconstitutional.  They disagree with the arguments being made by lawyers hired to defend DOMA in court by the House Majority following the divided 3-2 vote of the House Bipartisan Legal Advisory Group (BLAG).  The amicus brief filed today makes clear that BLAG does not speak for Congress, and that many members believe that Section 3 should be struck down because there simply is no legitimate federal interest in denying married same-sex couples the legal security, rights and responsibilities that federal law provides to all other married couples.  As the brief explains: “DOMA imposes a sweeping and unjustifiable federal disability on married same-sex couples.”

Hit the link for the full list of signees.

Rep. Jerrold Nadler At DOMA Hearing

Rep Jerrold Nadler (D-NY) opened this morning's DOMA hearing with a blistering denouncement of the entire issue.

(Via - Good As You)

UAFA To Be Reintroduced In House

The Uniting American Families Act will be reintroduced in the U.S. House this Thursday by Rep. Jerrold Nadler and several other Democrats. Via press release from Nadler's office:

On Thursday, Congressman Jerrold Nadler (D-NY), the ranking Democrat on the Judiciary Subcommittee on the Constitution, Congresswoman Zoe Lofgren (D-CA), the ranking Democrat on the Judiciary Subcommittee on Immigration, and Representatives John Conyers (D-MI), Tammy Baldwin (D-WI), Jared Polis (D-CO), Mike Honda (D-CA), Luis Gutierrez (D-IL), Jackie Speier (D-CA), and others will announce the re-introduction of the Uniting American Families Act (UAFA). This overdue legislation would allow gay and lesbian Americans to sponsor their permanent partners for legal residency in the United States, a right currently enjoyed only by married heterosexuals under immigration law. Because the U.S. does not legally recognize gay and lesbian couples and their children as families, many same-sex binational couples are torn apart. The announcement will take place at 1:00pm on Thursday, April 14th at the House Triangle in Washington D.C.

Like the latest edition of ENDA, advocates have dim hopes of the bill's approval in the GOP-dominated House.

House Democrats To Boehner: What Are Your Plans Regarding DOMA Defense?

Via press release, a letter from the six House Democrats who are lead sponsors of the bill to repeal DOMA.

Dear Mr. Speaker,

It is our understanding that deadlines for Congressional action are fast approaching and that House General Counsel or outside counsel retained to represent the House must appear and move to intervene or otherwise participate, if it chooses to do so, in at least one case, Windsor v. United States of America, on or before April 18, 2011. We therefore ask that you brief all interested Members before April 18, 2011 regarding the course of action with regard to the Winsor case and any other proceedings where the House intends to defend DOMA. Among other things, we are interested in a status report on who will be representing the House, estimates regarding the cost and length of proposed litigation efforts, the anticipated role of the House in litigation (i.e., intervenor or amicus curiae), and your assessment regarding the likelihood of success on the merits. If you or House General Counsel already have arranged for representation by outside counsel, we would welcome and appreciate their participation in this briefing.

The letter was signed by Jerrold Nadler, Barney Frank, Tammy Baldwin, Jared Polis, David Cicilline, and John Conyers. Metro Weekly has the full letter (PDF).

Nadler Intro's House DOMA Repeal Bill

With Freedom To Marry's Evan Wolfson looking on.

Citizen Non-Citizen

The NYCLU sends this today:

The NYCLU, in collaboration with the LGBT Community Center and the Office of Congressman Jerrold Nadler, looks at discrimination against LGBT families in our immigration system and the ongoing efforts to reform the system in Congress through the Uniting American Families Act and comprehensive immigration reform. Citizen/Non-Citizen highlights the heart wrenching story of Britta and Carla, a married same-sex binational couple living in New York City fighting to stay together in the United States. To find out more about the NYCLUs work in support of comprehensive immigration reform and to take action, visit our site.

No DOMA Repeal Attempt In 2010 (And Maybe Not Until 2013)

Rep. Jerrold Nadler (D-NY), the sponsor of a House bill to overturn DOMA, says that there will be no attempt to pass the bill in 2010 and that serious work on the repeal probably won't begin until 2013.

Rep. Jerrold Nadler (D-N.Y.) said in an interview with DC Agenda that lawmakers will work on passing other pro-LGBT bills next year, and 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. “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. Nadler said Congress won’t take up the DOMA repeal next year because other LGBT-related bills, including the Employment Non-Discrimination Act, legislation providing partner benefits for LGBT federal workers and a repeal of "Don’t Ask, Don’t Tell,” are taking precedence. Supporters hope to pass those measures by the end of 2010. “The Respect for Marriage Act comes up after that, maybe at the end of the next Congress, maybe afterward,” he said.

By 2013, we will probably have the result of the Olson/Boies case, rendering a DOMA repeal either moot or impossible.

(Via - DC Agenda)

Rep. Jerrold Nadler Announces RMA

Flanked by some of his 91 co-sponsors, yesterday afternoon Rep. Jerrold Nadler (D-NY) stood outside the U.S. Capitol to announce the submission of his Respect for Marriage Act (RMA), which would repeal DOMA.

Rep. Jerrold Nadler's DOMA Repeal Bill Filed in U.S. House With 91 Co-Sponsors

Rep. Jerrold Nadler (D-NY) today filed his DOMA repeal bill, the "Respect For Marriage Act," in the U.S. House with 91 co-sponsors.

“Today, we celebrate the first step toward overturning the Defense of Marriage Act and sending that ugly law into the history books where it belongs," said Nadler, adding that the new RMA bill has 91 original cosponsors. Nadler later read a statement from former President Bill Clinton thanking Reps. Nadler, Baldwin, Polis, John Conyers of Michigan, John Lewis of Georgia, Nydia Velazquez of New York and Barbara Lee of California, for introducing the legislation. Clinton signed DOMA into law in 1996. “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 would repeal all three sections of DOMA -- which federally defined marriage as a union between a man and a woman -- including section one, which is the name; section two, which instructs states not to recognize same-sex marriages performed in other states; and section three, which prohibits the federal government from recognizing legally performed same-sex marriages.

Major LGBT rights organizations react below.

Lambda Legal:

"It is long past time for DOMA to go," said Kevin Cathcart, Executive Director of Lambda Legal. "When DOMA passed in 1996 it was a gratuitous slap in the face. But now, 13 years later, there are thousands of married same-sex couples who are hurt by this law. We've come a long way in 13 years and the federal government shouldn't be in the business of deciding that some married couples are worthy of federal respect and others are not. Married same-sex couples pay federal taxes just like everyone else and have a right to the same respect, important benefits and protections as everyone else."

National Gay & Lesbian Task Force:

We thank Reps. Nadler, Baldwin, Polis, Lewis and Velazquez for introducing this bill to dismantle one of the most discriminatory and far-reaching laws to emerge against our community: the so-called 'Defense of Marriage Act.' "DOMA is and has always been an immoral attack on same-sex couples, our families and our fundamental humanity. This hateful law has only served to discriminate against people and belittle our country's heralded values of freedom, fairness and justice. It is long past time to repeal DOMA, which has left a moral scar on this country. Today marks an important step toward closing an ugly chapter in our nation's history, and for working to ensure same-sex couples and our families are treated fairly. Too many families have been hurt for far too long because of DOMA. "We at the National Gay and Lesbian Task Force, along with people all across the country — from every town and every background — recognize that our entire nation benefits when everyone is allowed to contribute their talents and skills, free from discrimination. That's why we are urging for passage of the 'Respect for Marriage Act.'"

Gay & Lesbian Advocates and Defenders:

Our view is that every branch of government should be engaged in the process of getting rid of this discriminatory law. Every day we see the damage DOMA causes families in the states, denying them access to the federal safety net, penalizing them financially, and rendering them second-class. We need to engage all levels of government in ending this discrimination.

Human Rights Campaign:

“The Defense of Marriage Act (DOMA) is a hurtful and cynical law enacted to discriminate against loving, committed same-sex couples,” said Human Rights Campaign President Joe Solmonese, who also offered remarks at the introduction press conference. “It does real harm by denying thousands of lawfully-married same-sex couples the federal rights and benefits that only flow through marriage. Many of these include the protections couples turn to in times of need, like Social Security survivors’ benefits, medical leave to care for an ailing spouse and equal treatment under U.S. immigration laws. Today’s introduction of legislation to repeal DOMA is a welcome step, and as more states recognize the commitment of loving same-sex couples and their families, it's time for this law to go into the history books where it belongs.”

Barney Frank Won't Co-Sponsor Jerrold Nadler's DOMA Repeal

Saying he has a "strategic difference" with NY Rep. Jerrold Nadler and other Congress members signing on to Nadler's DOMA repeal bill, Rep. Barney Frank will not be signing on as a co-sponsor. Frank objects to a portion of the bill that would allow gay couples who marry out of state to file for federal benefits in their home states which don't recognize same-sex marriage. Via Washington Blade:

"It's not anything that's achievable in the near term," he said. "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 said that advocacy for the "certainty provision," as described by Nadler, would create "political problems" in Congress. "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."

Nadler defended the legislation in a statement, saying that claims made by repeal opponents shouldn't prevent 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.

Frank cites a federal lawsuit filed by the Gay & Lesbian Advocates and Defenders as having a better chance of overturning DOMA.

Rep. Jerrold Nadler (D-NY) To Introduce DOMA Repeal Next Week

Rep. Jerrold Nadler (D-NY) will introduce a bill repealing DOMA next week.

The Advocate has learned that Democratic representative Jerrold Nadler of New York will be introducing legislation to repeal the Defense of Marriage Act next Tuesday. A Democratic aide confirmed that a press conference to announce the bill will be held September 15 at 11 a.m. at the House Triangle. The source said the bill currently has just over 50 cosponsors, but Congressman Nadler’s office has not yet officially circulated a letter to his fellow House members.

With a Democratic supermajority in the House, the bill has the potential to pass easily. We'll see about that.