DOMA repeal unlikely in '09

Repealing the federal ban on recognizing same-sex relationships is unlikely to be addressed by lawmakers in Washington, D.C. this year, as congressional leaders and national LGBT groups have other gay-related bills as higher priorities.

Before they tackle the hot button issue of same-sex marriage, congressional leaders want to pass a pro-LGBT hate crimes bill and the Employment Non-Discrimination Act, which would ban firing someone based solely on their sexual orientation and is expected to also include gender identity protections. House leaders began working on the hate crimes bill Wednesday, April 22 and the Senate is likely to introduce its version prior to the Memorial Day recess.

During a visit to San Francisco last week, House Speaker Nancy Pelosi (D-San Francisco) stated DOMA repeal was not at the top of her list of priorities when asked about the issue by the Bay Area Reporter.

"Our plate is full right now with our focus on health care, energy, and the issues related to the economy. We have ENDA as a top priority," said Pelosi. "We have the hate crimes legislation first and the ENDA bill the next step after that."

Pelosi did not rule out addressing DOMA at a later date, and she said she is relying on gay leaders such as Congressmen Barney Frank (D-Massachusetts) and Jared Polis (D-Colorado) and Congresswoman Tammy Baldwin (D-Wisconsin) to advise her on how to move forward in repealing the federal ban on recognizing same-sex relationships.

"I would like to get rid of all of it. But the fact is we have to make decisions on what we can pass at a given time. It doesn't mean the other issues are not important," said Pelosi. "It is a matter of getting the votes and the legislative floor time to do it."

The Human Rights Campaign, the national LGBT advocacy group, has also made passing ENDA and hate crimes its top legislative agenda this year. Hate crimes legislation has been before Congress for a decade, and was passed by both houses in 2007.

But it was stripped from the bill in conference committee before being sent to then President George W. Bush due to his vow to veto it. Unlike his predecessor, President Obama has pledged to sign both hate crimes and ENDA into law.

HRC spokesman Brad Luna said that the hate crimes bill is a "piece of legislation voted on and passed by Congress before. After 10 years it needs to be signed into law."

Unlike the other two issues, which have wide support in Congress and are expected to pass this year, the same groundwork has yet to take place on securing support to repeal DOMA, said Luna.

"As far as legislative priorities, obviously repeal of DOMA is something we are going to actively work in support of. That being said, the way legislation moves through Congress and the way we look at these bills, no DOMA repeal bill has been introduced right now," said Luna. "Our priority is hate crimes, which is being marked up today. If you speak to Frank, Baldwin, Pelosi or the president, that is the first order of business."

"If you go back and look at what Congressman Frank has said, for all intents and purposes, he has the best read on Congress and where they stand on gay issues, and he would say to you, yes we need to work on DOMA repeal but we are not looking at that in the first year," added Luna.

Frank aide Diego Sanchez, who is transgender and formerly worked with an AIDS agency in Boston, has yet to respond to the B.A.R. 's request for an interview with the congressman.

As a report posted online last week to the Advocate 's Web site noted, conversations on just what kind of DOMA repeal bill should be introduced are taking place. The issue has gained more immediacy in recent weeks as Iowa and Vermont have now legalized same-sex marriages, several other states are looking to follow suit, and a New England gay rights group filed a federal lawsuit against a section of DOMA.

The idea that appears to be gaining traction in Congress is to seek a partial repeal of DOMA that would allow the federal government to recognize those same-sex relationships - whether they be marriages, civil unions, or domestic partnerships - allowed in individual states. It would be left up to state leaders to decide what kind of legal recognition to offer same-sex couples in their states.

"The first thing first is we have to have a bill introduced and then build support around it and see where we stand," said Luna, who predicted a DOMA repeal bill would be introduced during Obama's first term.

The president has stated he supports repealing DOMA, and it is listed as part of his civil rights agenda on the White House's Web site. In addition to supporting "full civil unions that give same-sex couples legal rights and privileges equal to those of married couples," Obama states on the Web site that he "also believes we need to ... enact legislation that would ensure that the 1,100+ federal legal rights and benefits currently provided on the basis of marital status are extended to same-sex couples in civil unions and other legally-recognized unions."

The site noted that the rights and benefits include the right to assist a loved one in times of emergency, the right to equal health insurance and other employment benefits, and property rights.

Several local LGBT activists interviewed by the B.A.R. for this story noted that until DOMA is repealed, even same-sex couples living in states that recognize their unions in whatever form still face being treated as second-class citizens by the government. They fear that unless Congress moves on repealing DOMA this year, it could be decades before the issue is addressed.

"If DOMA doesn't happen this year, we will have to wait another half century," said Leland Traiman, a gay man who lives in Alameda and co-chairs Equality Without Marriage. "This is the real meat and potatoes. We never had marriage equality in California because we never had federal rights. They are talking about it but California has absented ourselves from the debate because we are so focused on Prop 8."

National Center for Lesbian Rights legal director Shannon Minter, who successfully argued the same-sex marriage case before California's Supreme Court last year, agreed with Traiman that "there is no reason to delay" in repealing DOMA.

"I strongly agree we should push as hard as possible and Congress should take action this year," said Minter. "We certainly won't get far with it if we don't push for it. If people agree with that, they should let the national political groups know that is how they feel as well as their own congresspeople."

Several California-based groups are urging Congress and the president to take up DOMA repeal sooner than later. Bay Area-based Marriage Equality USA has launched a postcard campaign aimed at Obama for people to write to the president why they "believe in marriage equality." There is also a Web site at http://www.whatsyourbecause.com.

Molly McKay, MEUSA's media director, said that DOMA repeal should "absolutely" be on the table this year, "especially with Obama opening the door for moving forward at the national level."

"It is an important mandate we should be moving on as a nation," said McKay. "I think we will be working on a national strategy and campaign to undo DOMA. We will use the same strategies we are using in California to create a really broad coalition and do a joint campaign where we are all working together."

The Sacramento-based group Yes on Gay Marriage has started an online petition drive to urge congressional leaders to tackle DOMA repeal. As the group states, "Now is the time to act, but it'll take strength in numbers to focus our Congress members' attention on this issue. Only unified, citizen-based action will give the LGBT voice in Washington the strength to overcome our opponents and overturn DOMA."

But Sacramento resident Chaz Lowe, a gay man who is a co-founder of the group Yes on Equality, told the B.A.R. he does not expect to see swift action from Congress.

"We do need to be realistic on what we can pass and not pass. My focus is so consumed in California right now," said Lowe, referring to his group's drive to repeal Prop 8 next year. "At the federal level, realistically how this will happen is by baby steps. If it would happen all at once would be great, but that is not going to happen."

Marc Solomon, who led the successful fight for marriage equality in Massachusetts as the executive director of MassEquality and recently joined Equality California as its marriage director, said he does not see DOMA repeal passing out of the current Congress. Instead, he said it is more likely that both hate crimes and ENDA will pass.

"We are so far behind in Washington it is embarrassing," Solomon said in regards to adopting such basic legal protections for LGBT people as housing and employment nondiscrimination rules. "Those are total basics that need to happen immediately. I think our community is desperate for a bill signing other than on HIV and AIDS at the White House. Just having a president sign a pro-LGBT bill in itself is not enough but it is a start."

EQCA Executive Director Geoff Kors said he doesn't believe DOMA repeal is a lost cause. But he is unsure if it will happen this year and is concerned it may not be possible following the 2010 congressional elections, when the Democrats could lose their majority status.

"It is something we need to move on sooner rather than later. We have the most LGBT supportive House and Senate in history," said Kors. "We don't know if we will have that after the 2010 election so we need to move forward aggressively on that."