Sep 152009
Congressman Jerrold Nadler of New York introduced the “Respect For Marriage Act,” in the House today which seeks to overturn the Defense of Marriage Act (DOMA).
At a Capitol Hill press conference, Nadler called the Respect for Marriage Act “the first step to overturning the Defense of Marriage Act and sending that ugly law into the history books where it belongs.”
“Our bill ensures that all married couples, including lawfully married same-sex couples, will have the same access to federal responsibilities and benefits, including critical programs like Social Security that are intended to ensure the stability and security of American families,” Nadler said.
The repeal legislation would only facilitate federal recognition of same-sex marriages — not civil unions or domestic partnerships. Additionally, the bill contains a “certainty provision” allowing married same-sex couples to receive the federal benefits of marriage even if they move to a state that doesn’t recognize their union.
Nadler said the task ahead in trying to overturn DOMA “is not easy” and that he expects opponents of repeal to try to keep DOMA on the books by “making false claims that our bill will force same-sex marriage on unwilling states.”
The bill has already garnered 90 co-sponsors, including Reps. Tammy Baldwin (D-Wis.) and Jared Polis (D-Colo). Noticeably absent from the list is Rep. Barney Frank (D-MA), who believes the bill is not achievable in the short term.
Video from today’s press conference below:
Earlier this year Nadler introduced the Uniting American Families Act (UAFA) which unfortunately has stalled pending larger immigration reform.
Aug 182009
The California Assembly held a hearing today on resolution ARJ 15 which urges Congress and the President to pass the Uniting American Families Act (UAFA), which would allow gays and lesbians to sponsor their foreign-born partners, providing a legal path to citizenship. The bill, authored Assembly Member Kevin de León (D-Los Angeles), in part says:
This resolution urges Congress to support the removal of legal barriers to immigration that affect permanent same-sex partners in binational relationships. Specifically, the resolution calls on Congress either to include the Reuniting Families Act, which incorporates the Uniting American Families Act, in comprehensive immigration reform, or to pass the Uniting American Families Act on its own as stand-alone legislation. In support of the measure, the author writes:
The federal Uniting American Families Act (UAFA) would amend the Immigration and Nationality Act to add same-sex “permanent partners” to the list of family members that a U.S. citizen or legal resident could sponsor for immigration.
Since current law does not allow gay and lesbian Americans and permanent residents to sponsor their foreign-born partners for legal residency, they cannot access the family immigration system for green cards and immigrant visas. Because of this inequity, thousands of lesbian and gay bi-national couples are kept apart, torn apart, or forced to stay together illegally, with one partner living in constant fear of deportation.
ARJ 15 is co-sponsored by Equality California (EQCA) and Asian Americans for Civil Rights and Equality (AACRE). Melanie Nathan, human rights attorney, Amos Lim, co-founder of Out4Immigration, Gina Caprio who is unable to sponsor her British partner, and representatives from EQCA and AACRE will be providing testimony.
The bill is opposed by Capital Resource Family Impact, which believes UAFA undermines the Defense of Marriage Act (DOMA).
Aug 172009
In response to the new DOMA brief filed today by the DOJ, the National Organization for Marriage (NOM) issued a press release asking Obama to live up to his pre-election promises while trumpeting their growing list of bigots… I mean membership.
“In a high-profile interview with Rick Warren, Barack Obama convinced millions of Americans he opposed gay marriage; we are calling on the President to live up to his campaign commitment” said Brian Brown [NOM Executive Director].
The National Organization for Marriage (NOM) announces today that their 2 Million for Marriage campaign now has topped 500,000 active supporters, part of a planned expansion of its activist base in preparation for fighting to prevent President Obama from overturning DOMA.
“NOM’s activist base is exploding, increasing tenfold in the first five months of this year,” said Brian Brown, “We’ve moved from 50,000 to more than 500,000 Americans pledging to protect DOMA.”
NOM’s goal for 2009 is to build an army of 2 million Americans willing to fight against efforts to repeal the Defense of Marriage Act. “At this rapid rate of growth, we will meet or exceed our ambitious goals by the end of 2009,” notes Brown.
“The National Organization for Marriage has emerged as the nation’s only major national grassroots organization dedicated to protecting marriage,” notes Maggie Gallagher, president and founder of NOM. “DOMA is the only federal law that protects marriage as the union of husband and wife, and guarantees voters in Georgia or Wisconsin that a handful of judges in Massachusetts will not be able to impose gay marriage on their state.”
I wonder if their calculus in projecting membership is just as funny as
their books.
Aug 172009
The Department of Justice has filed a new DOMA brief in Federal Court today that softens the anti-gay rhetoric but still defends the law while it remains on the books.
Justice Department lawyers are seeking to dismiss a suit brought by a gay California couple challenging the 1996 Defense of Marriage Act. The administration’s response to the case has angered gay activists who see it as backtracking on campaign promises made by Barack Obama last year.
In court papers, the administration said it supports repeal of the law.
Yet the same filing says the Justice Department will defend the statute in this case because a reasonable argument can be made that the law is constitutional.
…
“The administration believes the Defense of Marriage Act is discriminatory and should be repealed,” said Justice Department spokeswoman Tracy Schmaler, because it prevents equal rights and benefits.
The department is obligated “to defend federal statutes when they are challenged in court. The Justice Department cannot pick and choose which federal laws it will defend based on any one administration’s policy preferences,” Schmaler added.
A previous filing in June sparked outrage in the LGBT community for citing incest and underage marriage in defense of DOMA.