Piecemeal approach on immigration reform?

The AP has an interesting interview with Thomas Saenz, the head of the nation's leading Latino legal advocacy group, the Mexican American Legal Defense and Educational Fund. Here's what he had to say:

...he fully expects work on rewriting immigration law to begin in Congress next year.

But if Democratic leaders delay, because of elections and a hostile political climate for immigrants, Congress should take up the issue gradually and in smaller ways, Saenz said. Lawmakers could address the need for foreign agricultural workers, provide legal status to high school graduates brought to the country illegally as children, and create equity for same sex partners who want to come to the U.S. or get green cards.

Traditionally, the Hispanic pro-immigration groups have resisted the piecemeal approach, insisting that any immigration reform must be bundled up with a path to legalization/citizenship for illegal immigrants. It's good to see them finally becoming more flexible on the issue.

The caveat is that even if Congress decides to take the piecemeal approach, the passage of the Uniting American Families Act is far from assured. For one thing UAFA is still not on congressional leaders' priority list. For another, "fraud" would continue to haunt UAFA if it ever made it to a floor vote. Many in our community have dismissed the "fraud" argument as a baseless attack by social conservatives, but look at what the "death panel" argument has done to the health care reform debate. The point remains that it doesn't have to be a valid argument as long as it manages to stir people's emotions. We ignore it at our own peril.

Berry: No hope repealing DOMA through Congress

John Berry, director of the U.S. Office of Personnel Management today repeated what Rep. Barney Frank has said before:

"I will tell you personally I believe that I think the courts will strike this down before Congress will have to repeal it legislatively," he said. "And thank goodness because, in this case, the backbone is not there in Congress."

Because he's the highest ranking openly gay official in the Obama Administration, Berry has served as the White House's unofficial spokesperson on LGBT issues. It's interesting that his talking points mirror those of Rep. Frank, whose close association with the President is also very clear.

Let me get this straight. When President Obama was put on the spot after DOJ released the disastrous DOMA brief, he reiterated his support for DOMA repeal but said Congress has to act on it. When Congress answered his call and introduced a DOMA Repeal bill, his associates then called it hopeless. Now they say our only hope is the Supreme Court, which of course is a convenient thing for the White House since the social conservatives can't blame him if DOMA is repealed through the Court.

Can't say I'm surprised.

Congressman predicts a 50% chance to repeal DADT or DOMA in this congress

Rep. Earl Blumenauer, who wrote an article on the Huffington Post explaining his vote for DOMA in 1996 and his current support of the RMA, tells the AP that he thinks there's a 50% chance for this congress to repeal either DADT or DOMA.

Jeana Frazzini, the executive director of Basic Rights Oregon, said Blumenauer's 50-percent prediction might not be that far off.

"It's just a very different climate than it was 10 years ago, so I think it's completely do-able for this congress to repeal 'don't ask don't tell' or the Defense of Marriage Act," Frazzini said.

Note that Rep Blumenauer used "either or" but not "and", and clearly DADT Repeal is ahead of RMA in congressional leaders agenda. So even if the 50% is real, it would probably only apply to DADT Repeal.

Rep. Jared Polis on DOMA Repeal chances

In an interview with David Thielen at the Huffington Post, Rep. Polis stated that we'd need 25 to 30 states allowing gay marriage to get Federal recognition.

We discussed the Defense of Marriage Act also (hey, I do know those two) and he think we will have to get to 25 to 30 states recognizing gay marriage and then the federal government will recognize it.

Activists not happy with RMA leaving out civil unions and domestic partnerships

Activists, especially those on the West Coast, are not happy that the Respect for Marriage Act does not cover civil union or domestic partnership.

The president has said all couples should have access to the 1,000-plus benefits and rights and privileges of marriage, so I do not know why Congress wouldn't put that on his desk. I would like to see Nadler's bill include all legally recognized unions. The president has asked for it.

Air American Interviews Rep. Nadler

Pam's Houseblend has posted a transcript of the interview. Rep Nadler mentioned that a bill is expected to be introduced in the Senate soon. He also said the bill will have to get in line behind other LGBT legislations.

Supporters and Opponents speaking out

Those supporting RMA, and those against are already speaking out. I find the article from Rep. Earl Blumenauer the most moving as he expressed sincere regret for having voted for DOMA in 1996.

It'd be interesting to see how many have had a change of heart.

I suspect we would not see any Republicans.

It's Here

The bill is called the Respect for Marriage Act.

The HRC has more information on various aspects of the bill. Basically its goal is to accomplish two things: to repeal the Defense of Marriage Act and to make sure Federal rights are portable (also known as the Certainty Clause), meaning that same-sex couples married in states that allow gay marriage would be able to retain their federal rights even if they moved to another state that doesn't recognize their relationship as legal.

At its introduction the bill has 91 co-sponsors.

In an interview with the Bay Windows, Rep. Barney Frank reiterated his opposition to introducing the bill, saying that it has zero percent possibility of passing, in light of the inclusion of the "Certainty Clause".

And why is he so vocal about this bill being bad?

But doesn’t Frank’s refusal to co-sponsor the bill, even as a starting point for discussion, essentially kill the bill before it’s out of the chute?

"It does send a message that it’s a bad idea," says Frank. "But I want to send a message."

So far Rep. Frank has been a lone voice in the LGBT community against the bill, as prominent gay leaders point out the need to start the debate according to the Advocate.

Congressman Polis didn’t blink when asked about the wisdom of the strategy.

"Whether this takes a year, six months, three years, what we're accomplishing here today is getting the ball rolling," Polis said at the press conference.

More co-sponsors signing on to the DOMA Repeal Bill

Politico's story earlier this morning has it at 69, AFP provided a later count at 75, and the latest from AP puts it at 76.

Obstacles remain even as the number of co-sponsors grows. Glenn Thrush reports:

House Speaker Nancy Pelosi (D-Calif.) and Barney Frank (D-Mass.) aren't backing the bill, which seeks to roll back DOMA restrictions on federal benefits and partnership rights for gay and lesbian couples, opting to press other anti-discrimination bills first.

According to the AP, even supporters of the bill acknowledges that this is not an easy task:

Ilan Kayatsky, spokesman for Nadler, said the repeal was being introduced now primarily "to gain support and momentum and educate people." Nadler chairs a Judiciary subcommittee that would consider a repeal.

The president of a gay advocacy group, the Human Rights Campaign, said Frank's disagreement was about tactics, not the goal of repeal.

"We're making a case for an ambitious bill, and I don't have any illusions that it will be easy or happen overnight," added the group's president, Joe Solmonese.

Other gay leaders have a more optimistic view:

Still, gay leaders say the bill is a necessary first step. “We're obviously strongly supportive of the bill, and we're very grateful that Congressman Nadler has introduced it,” said Mary Cooley, president of Lambda Independent Democrats, a gay political club in Brooklyn.
“To have Congress repeal DOMA I think is very viable,” said Ron Zacchi, executive director of Marriage Equality New York, an all-volunteer nonprofit advocacy group that formed in 1998. “Both political parties have said that government on the federal level shouldn't be involved in marriage, and the Defense of Marriage Act is [Washington] taking a stance on marriage. Letting states decide for themselves is something both parties have said they support.”

I still think Rep. Barney Frank and Nancy Pelosi's EDNA->DADT->DPBOA approach reflects politics of a bygone era, where we were craving for nothing more than bread crumbs. Keep in mind that even if Frank's prediction is true, that the GLAD lawsuit prompts the Supreme Court to overturn DOMA in 2013, without the "Certainty Provision" that Rep. Nadler is proposing, it would only benefit a very small LGBT population that is lucky enough to live in states where same-sex marriage is legal. For the vast majority, it'd be meaningless.

One interesting thing to note is that Barney Frank has recently indicated he'd retire from Congress after 2011 and is interested in becoming the secretary for Housing and Urban Development. That might explain, in part, why he went from criticizing the Obama Administration for filing the infamous DOMA brief to defending the decision. Could it be that his lack of interest in the DOMA Repeal bill is just another way to make his future boss' life easier?

Politico agrees with Barney Frank on DOMA Repeal

Politico's Glenn Thrush echoes Frank's conclusion that the DOMA Repeal bill has no hope of passing in this Congress:

Even if Nadler's bill passes the House, it is likely to have a tough time in the Senate, despite the apparent support of Judiciary Committee Chairman Pat Leahy (D-Vt.) who says DOMA needs to go.

One unknown factor is President Obama. If he's determined to get it through, he can certainly play a pivotal role in repealing DOMA. Even if Blue Dogs such as Senator Nelson refuses to support the bill, there are still GOP moderates such as Senator Collins and Snowe to be won over.

Of course, it all comes down to whether or not President Obama has the will to get it done. So far he's doing his best to steer clean of the issue.

Same-sex couples and the Census

2010 will mark the first year that same-sex couples will be accurately counted in the Census. It's already creating a storm of sorts, according to the Washington Post:

Particularly at the state and local levels, gay advocacy groups say census data on income for same-sex couples will show the need for more protections against job discrimination. Statistics on households with children will help them challenge laws limiting gay adoptions and legal guardianship. With raw numbers to illustrate the need, it will be easier to demand services, they say.

But conservatives say the tally could just as easily support their position that most gay people aren't looking to get married. They say they will oppose attempts to make policies more gay-friendly.

"It seems homosexual activists use these various markers as ways push their agenda, to force people to go along with whatever they demand," said Wendy Wright, president of Concerned Women for America, which promotes "biblical values." "Regardless of what the numbers are, they're going to exaggerate the importance of it and claim all of society must change in order to comport with their demands."

When the raw data is released in 2011, it will no doubt show the number of same sex couples far exceeds all the "guestimates", giving us momentum to push for more gay-friendly legislations.

And I have already in a small way, become a part of it. Our household was selected by the Census Bureau to complete the American Community Survey, which I have filled out and returned. I look forward to getting the "real deal" next year.

Barney Frank NOT signing on as co-sponsor of DOMA Repeal Bill

Apparently, Rep. Barney Frank, considered the most influential gay congressman, is not signing on to the DOMA Repeal bill due to his "strategic differences" with supporters of the bill. From the Washington Blade:

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."

It's not the first time Rep Frank expressed pessimism on LGBT bills. He had made very similar comments on the Uniting American Families Act, saying that Congress is not ready for it.

Basically he advocates doing things the old way: bread crumbs here and bread crumbs there. Anything beyond that is way too ambitious.

In fact, he believes DOMA Repeal's best hope lies with the lawsuits filed by several organizations, such as GLAD and the State of Massechussetts:

Frank said the Gay & Lesbian Advocates & Defenders lawsuit against DOMA, Gill v. Office of Personnel Management, stands a better shot of overturning DOMA than congressional action. The lawsuit specifically targets the portion of DOMA that prevents the federal government from recognizing same-sex marriages.

"That's very thoughtful, very well done," Frank said. "That's the way we'll win this."

Keep in mind GLAD doesn't expect the Supreme Court to consider their case until the year 2013, which is a loooooong time.

Now, Rep. Frank is often considered to have the best knowledge of the inner workings of Congress and I respect him for what he has accomplished for the community. But times have changed and it's time to do things differently. Rep. Nadler said it best:

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.

More on the pending DOMA Repeal bill

Kerry Eleveld from the Advocate has more details:

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.

Mark your calendars folks. Let's hope the number of co-sponsors will grow much larger after Nadler circulates his letter soliciting support.

Once it's introduced, the President no longer has any excuse NOT to act on DOMA.

DOMA Repeal Bill to be introduced next week

From Politico's Ben Smith:

At a busy legislative moment, foes of the Defense of Marriage Act are re-starting the campaign against it. Rep. Jerry Nadler is, I'm told, expected to introduce a bill that would repeal the legislation next week, and today Human Rights Campaign is delivering a survey of 50,000 gay and lesbian members and supporters to Congress, intended to convey the concrete harm the bill does them.

The survey results stress the mundane benefits of marriage -- first among them, Social Security survivor benefits.

HRC also officially launched their DOMA Repeal push by delivering the surveys results of 50,000 LGBT people on DOMA to Congress. In their announcement, they also confirmed timing of the DOMA Repeal bill, to be introduced by Nadler.

As part of the campaign, HRC launched a national action alert, an interactive website, RepealDOMAnow.org, and delivered to Congress nearly 50,000 survey responses showing the concrete harms DOMA brings to the lives of LGBT Americans and their families. A bill is expected to be introduced in the U.S. House as early as next week.

The fact that 50,000 people completed the survey is an encouraging sign in and of itself, showing how much people care about the issue. And with HRC trying to win back support they will no doubt work to push it to front and center of the LGBT legislative agenda. Only a fool would believe that the community would be happy with bread crumbs like EDNA and the Hate Crime Bill.

Of course, multiple challenges remain:

• The health care reform stalemate. Congress is unlikely to take on any other issue until a health care reform bill is passed.


• The lack of a senate sponsor. A while ago it was reported that HRC is lobbying Senator Russ Feingold to be the senate sponsor of the DOMA Repeal bill. Sen. Feingold is pro gay marriage and serves as the Chairman of the Subcommittee on the Constitution under Committee on the Judiciary. There has been no word on whether or not he's willing to push for the DOMA Repeal bill.


• President Obama's avoidance of the LGBT issues. While he has repeated stated his objection to DOMA, President Obama has yet to take any substantial action against it.


• Expected outcries from social conservatives. Looking at how the republicans created outright lies such as "death panels" to derail the health care reform, I would be surprised if they don't do the same to DOMA Repeal should it appear on the congressional agenda.

The road ahead would be treacherous. It won't be accomplished in a day. But until we start on this journey, we'd never get there.

Politico confirms pending introduction of DOMA Repeal Bill

Reported by Glenn Thursh:

House progressives are preparing a legislative assault on the 13-year-old Defense of Marriage Act, even with the White House sending mixed signals on the issue.

I'm told that liberals, led by Jerry Nadler, who represents Manhattan's West side and chairs the Judiciary Committee's Constitution subcommittee, are working on a repeal bill that could be at the "Dear Colleague" stage within weeks. It's likely to garner dozens of co-sponsors.

But it's not clear if the move, which comes at a time when leadership's plate in cracking under the weight of other blockbuster issues, has the backing of House Speaker Nancy Pelosi, who has said she supports rolling back the controversial law.

History has overtaken the 1996 law, which prevents federal recognition of gay unions and bars Social Security survivor payments and other government benefits. A half-dozen states have legalized same-sex marriage and advocates have mounted a series of [thus-far unsuccessful] legal challenges to DOMA.

Obama called for repeal during the campaign -- but his gay and lesbian backers were bitterly disappointed after DOJ lawyers filed papers defending the statute earlier this year. In an attempt to calm the waters, the White House issued a memo extending some benefits to federal employees with same-sex partners.

If nothing else, DOMA repeal bill will put Obama on the spot.

Apparently Politico writers pride themselves as Beltway insiders by using a lot of congressional jargons. If you're like me and do not know what "Dear Colleague" Stage means, here's a lengthy explanation. Basically it refers to the stage prior to th formal introduction where members of Congress persuade others to either support or oppose the bill.

This piece confirms what other LGBT press have been reporting, that Rep. Nadler will be introducing a DOMA Repeal bill after the August recess. If the Politico piece is right we could see the bill sometime in October.

With Congress dragging its feet on health care reform, it's unlikely this bill will be debated on this year-Nadler himself said so. Nevertheless, I agree with Politico that this bill will at least put President Obama on the spot. If he continues to be wishy washy about it, or publicly announcing his support but privately doing nothing to push Congress to pass the bill, he'd have a hard time explaining himself.

It'd be nice if the bill could be introduced in late September or early October to coincide with the National Equality March.