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Dems plan bill to repeal Defense of Marriage Act


According to published reports, Congress members Jerrold Nadler (D-NY), Tammy Baldwin (D-WI) and Jared Polis (D-CO) will introduce legislation on Tuesday that seeks to repeal the Defense of Marriage Act, put in place by the Clinton administration.

The repeal would allow for the first time equal rights for same-sex couples as a matter of federal law, granting benefits nation-wide even if individual states do not sanction the unions.

An unnamed source told The Advocate on Saturday that “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.”

However, noted The Washington Blade on Friday, Congress’ only openly gay member, Rep. Barney Frank (D-MA), is not among the bill’s co-sponsors.

The Blade reported:

Frank said in an interview Friday with the Blade that he’s not a co-sponsor of the legislation because he has a “strategic difference” with people supporting the repeal legislation.

“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.”

Frank further suggested that pending lawsuits have a better chance of overturning the act.

While the bill would not force states to marry gay couples or recognize the unions under state law, it would recognize gay marriages on a federal level. Couples living in states which do not permit their union would be allowed to travel elsewhere to obtain their marriage license, which would remain in-force upon their return home.

President Barack Obama has said he believes marriage is a sacred union between a man and woman, though he supports same-sex civil unions, and describes himself as a “fierce advocate” of gay and lesbian rights.

“I believe it is discriminatory, it interferes with states rights and we will work with Congress to overturn it,” Obama said of the Defense of Marriage Act.

In June, a collection of 77 Democratic lawmakers sent a letter to President Barack Obama on Monday asking him to stop enforcing the military’s “Don’t Ask, Don’t Tell” policy which bars homosexuals from service in the armed forces.

“We urge you to exercise the maximum discretion legally possible in administering Don’t Ask, Don’t Tell until Congress repeals the law,” the lawmakers wrote. “To this end, we ask that you direct the Armed Services not to initiate any investigation of service personnel to determine their sexual orientation, and that you instruct them to disregard third party accusations that do not allege violations of the Uniform Code of Military Justice.”

The letter was organized by Rep. Alcee Hastings (D-FL), noted The Boston Globe.

In a statement that month marking national lesbian, gay, bi-sexual and transgender month, Obama said he would support the “full spectrum” of equal rights for the community.

This included workplace and adoption rights, and committing to fight HIV/AIDS.

“LGBT Americans have made, and continue to make, great and lasting contributions that continue to strengthen the fabric of American society,” Obama said.

Source: Raw Story

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1 comment

1 Joan { 09.14.09 at 10:19 am }

It is about time. Glad to hear that this may get repealed.
Joan´s last blog ..I’m Back My ComLuv Profile

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