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DOMA Repeal Bills to be Introduced in Congress Wednesday

DOMA Repeal Bills to be Introduced in Congress Wednesday

by Karen Ocamb on March 15, 2011

US Sen. Kristen Gillibrand (Senate photo)

Wednesday is going to be a big day for LGBT rights. In the US House of Representatives, Reps. Jerry Nadler, John Conyers, Barney Frank, Tammy Baldwin, Jared Polis, and the newest openly gay member, David Cicilline, will be introducing the Respect for Marriage Act, which would repeal the Defense of Marriage Act (DOMA) in its entirety, according to The Advocate.

In the US Senate, Senators Dianne Feinstein, Patrick Leahy, Kirsten Gillibrand, Christopher Coons, and Richard Blumenthal will also announce legislation to repeal the Defense of Marriage Act (DOMA).

Rep. Jared Polis is participating in a live chat on Crooks and Liars (at 10:00am Pacific) to discuss the repeal bill and Sen. Gillibrand has teamed up with Democracy for America to build grassroots support for repeal.

UPDATE: The Human Rights Campaign released a poll Tuesday saying that overall, American voters oppose DOMA 51% to 34%.

Here’s HRC’s press release:

American voters oppose the Defense of Marriage Act (DOMA) – the law that forbids the federal government from recognizing legally married same-sex couples – as well as efforts by the House Republican leadership to intervene in court cases defending the law, according to new polling released today by the Human Rights Campaign in partnership with Greenberg Quinlan Rosner Research.  This poll is the first in a series of quarterly surveys from HRC and GQRR that will analyze public opinion on critical lesbian, gay, bisexual and transgender (LGBT) issues.

Overall, voters say they oppose the Defense of Marriage Act – 51 percent oppose the law and 34 percent favor it.  Independent voters, who were instrumental in the Republican House takeover, oppose this law by a 52 percent to 34 percent margin.  Additionally when read statements for and against defending the law in court, 54 percent of voters oppose the House Republicans’ intervention, while only 32 percent support it.  Poll results are available at www.hrc.org/DOMApoll2011.

DOMA prohibits the federal government from granting married same-sex couples things like Social Security survivor benefits, health insurance for federal employees’ spouses, joint tax filing, family and medical leave and other critical protections.  When asked if they favor or oppose some of these benefits for gay and lesbian couples who have been legally married, voters responded: on Social Security survivor benefits, 60 favor, 34 oppose; on federal employee health benefits for spouses, 58 percent favor, 36 percent oppose; on protecting spouses from losing their homes in cases of severe medical emergencies or death, 64 percent favor, 28 percent oppose; and on avoiding tax penalties by filing joint tax returns as a married couple, 55 percent favor, 38 percent oppose.

“The debate over DOMA isn’t about whether you favor marriage equality, it’s about whether the government can pick and choose which marriages they like, and which they don’t,” said HRC President Joe Solmonese.  “With five states and DC granting marriage licenses to same-sex couples, it’s time the federal government stop playing favorites and instead create an equal playing field for all families.”

On Wednesday, leaders in the House and Senate will introduce the “Respect for Marriage Act” – a bill to repeal DOMA and open up the benefits, protections and obligations of marriage under federal law to same-sex couples legally married in states that have ended their exclusion from marriage.

Last Wednesday, Speaker John Boehner announced that the House would intervene to defend DOMA in court, following a Justice Department announcement that the administration believes the law to be unconstitutional.  At least nine cases are challenging DOMA spanning three appellate courts and four district courts in six states.  The Speaker’s announcement did not make clear if they will intervene in all of the cases, who will represent the House, how much the defense will cost, what their arguments for the law will be or other critical issues.  More background on DOMA and the unanswered questions is at www.hrc.org/DOMApoll2011.

“When it comes to defending DOMA, House Republicans are wrong on the policy and wrong on the politics,” said Solmonese.  “It’s mind boggling that Republican leaders would so misread the tea leaves in their urgent effort to score some cheap and temporary political points.”

Given a list of issues important in determining their vote for President, voters ranked the economy and jobs (54 percent), Medicare and Social Security (23 percent) and education (19 percent) as most important with only 5 percent of respondents saying “gay marriage” was most important to them.

The poll also shows a plurality of voters disapprove of the way the Republicans are handling their job in charge of the House of Representatives: 42 percent approve, 45 percent disapprove.  When asked how the Republican majority is handling voters’ most important issue – jobs – 80 percent have a negative response while only 15 percent say they’re doing a good or excellent job.

“Americans are clamoring for Congress to deal with jobs and the economy,” said Solmonese.  “This new poll shows that House Republican leaders take their eye off the economic ball at their own peril.”

The telephone survey, including cell phones, was conducted 3/8/11 through 3/10/11 among 800 registered voters.  It has a margin of error of +/- 3.46 percent.  The results of the poll, including the questionnaire, a memo on the findings and charts, are available at: www.hrc.org/DOMApoll2011.

Here’s a letter Gillibrand sent out Tuesday morning to Democracy for America supporters:

Last year I helped lead the effort to overturn “Don’t Ask Don’t Tell” and I’m thrilled that very soon, LGBT Americans will be able to serve openly in our armed forces. This is a big victory for equality, but there’s still so far we have yet to go.

I believe every American should be able to marry the person they love. Yet in 1996, the so-called Defense of Marriage Act (or DOMA) codified the discriminatory notion that marriage is only between a man and a woman.

DOMA denies same-sex couples the basic privileges enjoyed by straight couples, and prevents state-approved legal marriages from being recognized across the country.

This is wrong.

If we are to achieve full marriage equality for all, Congress must repeal DOMA now. That’s why I’m proud to partner with Democracy for America to make sure the repeal of DOMA becomes a reality.

Please sign your name here to join the nationwide movement to repeal DOMA and allow all loving couples to enjoy the rights and privileges of marriage. Recently, President Obama ordered the Justice Department to stop defending DOMA in federal court. This is a huge first step, but the fact is that as long as DOMA remains on the books it will continue to be enforced until Congress repeals it legislatively.

Tomorrow, I will join Senator Feinstein as we introduce DOMA repeal legislation in the U.S. Senate. Can I count on you to join us on the frontlines of this fight? Please sign here to join the fight for marriage equality by urging Congress to repeal this discriminatory and unconstitutional law. It’s simply not right that my husband and I should be able to enjoy rights and privileges that LGBT Americans are denied.

Thank you for everything you do to ensure marriage equality for all Americans,

-

Kirsten

Senator Kirsten Gillibrand

{ 1 comment… read it below or add one }

Dianasc2440 November 9, 2011 at 12:46 AM

DOMA should not be repealed!  Marriage should consist only between a man and a woman.  The majority of Americans feel this way because we do not want to get AIDS!  That is what you get from same sex marriage.  I am so proud that I am straight and AIDS free!  Who wants to get AIDS?  Only stupid people that want same sex marriage!

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