Jerry Nadler (D-NY) today filed the “Respect for Families Act”, or DOMA repeal bill.  Significantly, this bill calls for a full repeal.  DOMA has two functional parts, one that prevents the federal government from recognizing marriages between two people of the same sex, and another that allows states to ignore s-s marriages from other states if they choose to.  In Congressman Nadler’s press release

The 13-year-old DOMA singles out legally married same-sex couples for discriminatory treatment under federal law, selectively denying them critical federal responsibilities and rights, including programs like social security that are intended to ensure the stability and security of American families.

The Respect for Marriage Act, the consensus of months of planning and organizing among the nation’s leading LGBT and civil rights stakeholders and legislators, would ensure that valid marriages are respected under federal law, providing couples with much-needed certainty that their lawful marriages will be honored under federal law and that they will have the same access to federal responsibilities and rights as all other married couples.

The Respect of Marriage Act would accomplish this by repealing DOMA in its entirety and by adopting the place-of-celebration rule recommended in the Uniform Marriage and Divorce Act, which embraces the common law principle that marriages that are valid in the state where they were entered into will be recognized.  While this rule governs recognition of marriage for purposes of federal law, marriage recognition under state law would continue to be decided by each state.

The Respect for Marriage Act would not tell any state who can marry or how married couples must be treated for purposes of state law, and would not obligate any person, church, city or state to celebrate or license a marriage of two people of the same sex.  It would merely restore the approach historically taken by states of determining, under principles of comity and Full Faith and Credit, whether to honor a couple’s marriage for purposes of state law.  

Responses of some of the major LGBT and civil equality organizations (and a NOMskull or two) are below.

Update: Tammy Baldwin’s statement is directly below the fold.Tammy Baldwin:

Statement of Congresswoman Tammy Baldwin (W-WI)

Press Conference Introducing the Respect for Marriage Act

To Repeal the Defense of Marriage Act (DOMA)

September 15, 2009

“In support of families throughout the nation, the legislation we’re introducing today will extend to legally married same-sex couples the same federal rights and recognition now offered to heterosexual married couples – nothing more, nothing less.

Repealing the Defense of Marriage Act is a long overdue and important step on the road to full equality for LGBT Americans.

Same-sex couples are now legally married in six states, and New York and the District of Colombia recognize these out-of-state marriages.

For the federal government to deny any legally married couple the hundreds of benefits and responsibilities that help protect their families is discrimination – plain and simple.

Defining marriage has never been a prerogative of the federal government; it has been a states issue.  Congress and the federal government have historically deferred to states to craft public policy around who can legally marry, as well as whether to refuse to recognize an out-of-state marriage.

The Defense of Marriage Act clearly interferes with the rights of states to define and regulate marriage as they see fit.  DOMA was wrong-headed when Congress passed it in 1996 and it is wrong today.  This type of unfairness has no place in American society and I am very pleased we are introducing legislation to repeal this backward law.

This year, we have a President who is committed to repealing DOMA and a growing majority of Americans who understand that denying legal protections to their neighbors because a family has two dads or two moms is simply un-American.

Nothing in the Respect for Marriage Act forces one state to recognize a valid marriage performed by another state, and nothing in the Act obligates any person, religious organization, locality, or state to celebrate or license a marriage between two persons of the same sex.

I am proud to be among the 91 Members of Congress who are original cosponsors of the Respect for Marriage Act.”

Advocate

Respect For Marriage Act Debuts

Congressman Jerrold Nadler of New York announced Tuesday to announce the introduction of the Respect for Marriage Act, legislation that would fully repeal of the 1996 Defense of Marriage Act.

By Kerry Eleveld

Congressman Jerrold Nadler of New York — flanked by out Representatives Tammy Baldwin of Wisconsin and Jared Polis of Colorado as well as a wide swath of LGBT advocacy groups  — held a press conference Tuesday to announce the introduction of the Respect for Marriage Act, legislation that would fully repeal of the 1996 Defense of Marriage Act.

“Today, we celebrate the first step toward overturning the Defense of Marriage Act and sending that ugly law into the history books where it belongs,” said Nadler, adding that the new RMA bill has 91 original cosponsors.

Nadler later read a statement from former President Bill Clinton thanking Reps. Nadler, Baldwin, Polis, John Conyers of Michigan, John Lewis of Georgia, Nydia Velazquez of New York and Barbara Lee of California, for introducing the legislation. Clinton signed DOMA into law in 1996. …

The bill would repeal all three sections of DOMA — which federally defined marriage as a union between a man and a woman — including section one, which is the name; section two, which instructs states not to recognize same-sex marriages performed in other states; and section three, which prohibits the federal government from recognizing legally performed same-sex marriages.

As Rep. Baldwin put it at the press conference, “The legislation we’re introducing today will legally extend to legally married same-sex couples the same federal rights and recognitions now offered to heterosexual couples — nothing more, nothing less.”

Gay and Lesbian Advocates and Defenders

With the filing today of the DOMA repeal bill, the “Respect for Families Act”, Lee Swislow, Executive Director of Gay & Lesbian Advocates & Defenders issued the following statement of support:

Our view is that every branch of government should be engaged in the process of getting rid of this discriminatory law.  Every day we see the damage DOMA causes families in the states, denying them access to the federal safety net, penalizing them financially, and rendering them second-class.  We need to engage all levels of government in ending this discrimination.

Along with dozens of other groups, GLAD has signed a letter of support for the bill. The letter is being delivered to members of Congress today.

On behalf of eight Massachusetts married same-sex couples and three widowers, GLAD filed Gill et al v OPM et al in March of this year, challenging Section 3 of the Defense of Marriage Act.  The Department of Justice’s response to GLAD’s amended complaint is due this Friday, September 18, 2009.

Link to PDF

National Gay and Lesbian Task Force

Task Force: ‘Respect for Marriage Act’ marks ‘step toward closing an ugly chapter in our nation’s history’

Applauds today’s introduction of legislation to repeal discriminatory ‘Defense of Marriage Act’

WASHINGTON, Sept. 15 – The National Gay and Lesbian Task Force Action Fund applauds today’s introduction of the “Respect for Marriage Act,” which would repeal the “Defense of Marriage Act,” a 1996 law requiring the federal government to single out legally married same-sex couples for discriminatory treatment under federal law, selectively denying those couples more than 1,100 federal protections and responsibilities that otherwise apply to married couples. U.S. Reps. Jerrold Nadler (D-N.Y.), Tammy Baldwin (D-Wis.) Jared Polis (D-Colo.), along with Reps. John Conyers (D-Mich.), John Lewis (D-Ga.), Nydia Velazquez (D-N.Y.) and Barbara Lee (D-Calif.), introduced the DOMA repeal measure today. Task Force Executive Director Rea Carey spoke at the press conference announcing the introduction of the “Respect for Marriage Act.”

Statement by Rea Carey, Executive Director

National Gay and Lesbian Task Force Action Fund

“We thank Reps. Nadler, Baldwin, Polis, Conyers, Lewis, Velazquez and Lee for introducing this bill to dismantle one of the most discriminatory and far-reaching laws to emerge against our community: the so-called ‘Defense of Marriage Act.’

“DOMA is and has always been an immoral attack on same-sex couples, our families and our fundamental humanity. This hateful law has only served to discriminate against people and belittle our country’s heralded values of freedom, fairness and justice. It is long past time to repeal DOMA, which has left a moral scar on this country. Today marks an important step toward closing an ugly chapter in our nation’s history, and for working to ensure same-sex couples and our families are treated fairly. Too many families have been hurt for far too long because of DOMA.

“We at the National Gay and Lesbian Task Force, along with people all across the country – from every town and every background – recognize that our entire nation benefits when everyone is allowed to contribute their talents and skills, free from discrimination. That’s why we are urging for passage of the ‘Respect for Marriage Act.'”

Read Rea Carey’s full remarks from today’s press conference here.

People For the American Way

Legislation to Dump DOMA Introduced in Congress

Legislation to repeal the so-called “Defense of Marriage Act” (DOMA) was introduced in the House of Representatives today by Congressman Jerrold Nadler of New York.  People For the American Way President Michael B. Keegan issued the following statement:

“The introduction of legislation to repeal DOMA is a necessary step in the direction of fairness and equality for all Americans.  It’s long past time to get rid of laws designed specifically to discriminate against same-sex couples.  In states like Massachusetts, Connecticut, and Vermont, same-sex couples who are legally married are being denied federal protections that their neighbors take for granted, and that causes real harm.  Americans don’t want to hurt their friends and neighbors, but that’s exactly what DOMA does.

“As Congress continues to progress in passing legislation outlawing hate crimes, workplace discrimination and ending ‘Don’t Ask, Don’t Tell,’ it should also move as soon as possible to repeal DOMA so that LGBT Americans are afforded equality in America.

National Center for Lesbian Rights and National Black Justice Coalition

NCLR and NBJC Hail Introduction of Congressional DOMA Repeal

(San Francisco, California, September 15, 2009) – The National Center for Lesbian Rights (NCLR) and the National Black Justice Coalition (NBJC) applaud lawmakers for introducing legislation to repeal the Defense of Marriage Act (DOMA), a law that discriminates against lawfully married same-sex couples. Through DOMA, the federal government selectively denies same-sex couples more than 1,100 federal protections and responsibilities, including Social Security and immigration benefits, that apply to all other married couples.

The Respect for Marriage Act was introduced in the House by Congressman Jerrold Nadler (D-NY), Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, Congresswoman Tammy Baldwin (D-WI), and Congressman Jared Polis (D-CO). The bill has 91 co-sponsors.

“DOMA is discriminatory and harmful to families,” said NCLR Executive Director Kate Kendell. “Married same-sex couples pay taxes, serve their communities, struggle to balance work and family, and raise children and care for aging parents like other Americans. Their contributions and needs are no different than anyone else’s and their relationships deserve the dignity and protection of federal recognition.”

The Respect for Marriage Act would repeal both sections 2 and 3 of DOMA. Section 2 creates an exception to the full faith and credit clause for married same-sex couples. The Respect for Marriage Act would eliminate that provision, but it would leave each state free to decide whether to recognize marriages of same-sex couples from other states. Section 3 excludes same-sex spouses from all federal benefits and protections, including Social Security survivor benefits, the right to file joint taxes, and the right to petition for permanent residence for a foreign spouse. The Respect for Marriage Act would require that the federal government treat all married couples equally.

“DOMA is an egregious piece of legislation as it codifies discrimination into federal law. As African Americans, we know all too well the injustices that laws such as this impose on our communities and our families. We encourage the Congressional Black Caucus to join us in calling for its repeal,” said Jason Bartlett, Deputy Director of the National Black Justice Coalition. “As African Americans, we are sensitive to the federal government trying to define our families. Let us consign the mistakes of the past to history and move forward together. We call on Congress to pass the Respect to Marriage Act as we continue to fight for our civil rights.”

On June 17, 2009, President Barack Obama said, “I stand by my long-standing commitment to work with Congress to repeal the so-called Defense of Marriage Act. It’s discriminatory, it interferes with states’ rights, and it’s time we overturned it.” The President reiterated his support for the repeal of DOMA in an August 17, 2009 White House statement.

NCLR worked in close cooperation with other groups and lead co-sponsors to help define the scope of the bill to repeal DOMA and to secure federal respect for the marriages of same-sex couples. NCLR supports the legislative repeal, as well as the legal overturn, of DOMA.

DOMA was signed into law on September 21, 1996.

Lambda Legal

Lambda Legal Calls for Swift Passage of Respect for Marriage Act

“It’s long past time for DOMA to go.”

(New York, September 15, 2009) – Today at a Capitol Hill press conference announcing the introduction of a bill to repeal the 1996 Defense of Marriage Act (DOMA), Lambda Legal’s Executive Director Kevin Cathcart and a Lambda Legal plaintiff couple from the Iowa marriage equality victory lawsuit called for the bill’s passage.

“It is long past time for DOMA to go,” said Kevin Cathcart, Executive Director of Lambda Legal. “When DOMA passed in 1996 it was a gratuitous slap in the face. But now, 13 years later, there are thousands of married same-sex couples who are hurt by this law. We’ve come a long way in 13 years and the federal government shouldn’t be in the business of deciding that some married couples are worthy of federal respect and others are not. Married same-sex couples pay federal taxes just like everyone else and have a right to the same respect, important benefits and protections as everyone else.”

The Respect for Marriage Act is sponsored by Congressman Jerrold Nadler of New York, Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, House Judiciary Chairman John Conyers, Jr. of Michigan and two openly gay members of Congress, Congresswoman Tammy Baldwin of Wisconsin, Congressman Jared Polis of Colorado.

“We applaud the bill’s sponsors for their leadership and call on all fair-minded congressional members to support this bill,” Cathcart added.

Jen and Dawn BarbouRoske, a married same-sex couple from Iowa City, Iowa, and their two daughters McKinley, 11 and Breanna, 7, were plaintiffs in Lambda Legal’s lawsuit which resulted in the Iowa marriage victory this spring. The family spoke at the press conference about why federal respect of their marriage is important to them.

“We’ve been together for nearly 20 years and when we got married this summer, we got the same license and undertook the same responsibilities as every other married couple in our state,” said Jen BarbouRoske. “Why is the federal government labeling our marriage as undeserving of the same federal respect and protections that our married neighbors have? When Dawn and I do our federal tax return next year, our own government will tell us to lie and say we’re not married. But we are, and the government that takes the same taxes and Social Security deductions from our paychecks as from everyone else’s, should give us the same legal rights, too.”

Our good friend Brian of NOM with some “blessings”

URGENT ALERT: DOMA Repeal Introduced in Congress! September 15, 2009

Dear X,

The attack on DOMA has begun.

Today, Congressman Jerry Nadler (D-NY) will introduce a bill to repeal the Defense of Marriage Act — the only federal law protecting the marriage statutes of 44 states. Reports indicate he has at least 69 co-sponsors in this effort to undercut state marriage laws.

We’ve known this day would come. President Obama has been advocating the repeal of DOMA since his first day in office. Gay marriage activists have debated the strategy and timing for pushing the bill in Congress.

And we’re ready. Already, we are more than 500,000 strong as Americans from every walk of life have joined our ranks to stand firm against radical efforts to force same-sex marriage in every state. Our goal is 2 million Americans by the end of 2010. If each of us were to tell just three friends about TwoMillionforMarriage.com, we’d reach our goal in mere days.

Now it’s time to speak truth to power! Gay marriage advocates are divided on DOMA — even Rep. Barney Frank thinks the DOMA repeal bill is overreaching and has refused to support it. Now is our chance to send a clear message to Congress that will galvanize opposition to the DOMA repeal, and help sway those who are on the fence. The message is simple: Don’t mess with marriage.

Just a few years ago, gay marriage advocates spoke of “state’s rights” and a “gay marriage experiment” in a handful of states. Obviously, they didn’t believe a word of it, and today they want to force same-sex marriage on every state in the nation, “like it or not.”

Marriage isn’t about inside-the-Beltway opportunism, or scoring political points. It’s about honesty and integrity. Protecting children and religious liberty.

The need is urgent. I’m asking you to do three things right now:

1) Visit www.[redacted].com and send a message to Washington. Use our online form to contact your Senators, Congressman, as well as congressional leadership, and tell them “Don’t Mess with Marriage.” Even if you’ve emailed before, let’s flood the Capitol with phone calls and emails today, urging our congressmen to oppose Rep. Nadler’s DOMA repeal bill.

2) Tell three friends about this new threat to DOMA, and ask them to join us at [redacted].com today! Or just forward this email to people in your address book — it’s simple, fast, and amazingly effective. We’re already 500,000 strong, and together we can stop this bill in its tracks!

3) Help support our TwoMillionforMarriage campaign today. Over the next six months, we need to raise another $1.5 million to fully fund our multi-faceted campaign to recruit 2 million Americans to join us in protecting DOMA. Using TV, radio, internet, telephone, email and direct mail efforts, we are identifying tens of thousands of new marriage activists who have never before been politically involved, but who care about marriage and are willing to do what it takes to stop courts and politicians from trampling the will of the American people. Your gift of $25, $50, or even $1000 if you’re able, will help ensure that we reach our goal. Click here to make a secure online donation today.

I’m simply in awe at the outpouring of encouragement and new supporters we keep seeing every day. To those of you who have been with us for a long time — thank you! And keep up the good work. Together we’re getting the message out and making a difference all across the country. And for those of you new to our efforts — Welcome! We’re so glad you’ve joined us, and look forward to working together in this fight for marriage.

The threat is real, and increasingly urgent. Please take action right now. Don’t put it off. Let’s make sure Congress gets our message loud and clear today.

Brian Brown

Blessings,

Brian S. Brown

Executive Director

National Organization for Marriage

20 Nassau Street, Suite 242

Princeton, NJ  08542

Freedom to Marry

Nadler, Baldwin and Polis Introduce the Respect for Marriage Act to Repeal the Defense of Marriage Act (DOMA)

Civil Rights advocates and LGBT Americans herald new legislation to overturn one of the nation’s most discriminatory laws

“In America, we don’t have second-class citizens and we shouldn’t have second-class marriages either.” -Evan Wolfson, Freedom to Marry

New York, September 15, 2009 – Today, Congressman Jerrold Nadler (D-NY), Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, Congresswoman Tammy Baldwin (D-WI) and Congressman Jared Polis (D-CO), along with Congressman John Conyers (D-MI), Congressman John Lewis (D-GA), Congresswoman Nydia Velazquez (D-NY) and Congresswoman Barbara Lee (D-CA), with a total of 91 original co-sponsors to date, introduced the Respect for Marriage Act in the House of Representatives.  This legislation would repeal the Defense of Marriage Act (DOMA), a 1996 law which discriminates against lawfully married same-sex couples.

The 13-year-old DOMA singles out legally married same-sex couples for discriminatory treatment under federal law, selectively denying them critical federal responsibilities and rights, including programs like social security that are intended to ensure the stability and security of American families.

The Respect for Marriage Act, the consensus of months of planning and organizing among the nation’s leading LGBT and civil rights stakeholders and legislators, would ensure that valid marriages are respected under federal law, providing couples with much-needed certainty that their lawful marriages will be honored under federal law and that they will have the same access to federal responsibilities and rights as all other married couples.

The Respect of Marriage Act would accomplish this by repealing DOMA in its entirety and by adopting the place-of-celebration rule recommended in the Uniform Marriage and Divorce Act, which embraces the common law principle that marriages that are valid in the state where they were entered into will be recognized.  While this rule governs recognition of marriage for purposes of federal law, marriage recognition under state law would continue to be decided by each state.

The Respect for Marriage Act would not tell any state who can marry or how married couples must be treated for purposes of state law, and would not obligate any person, church, city or state to celebrate or license a marriage of two people of the same sex.  It would merely restore the approach historically taken by states of determining, under principles of comity and Full Faith and Credit, whether to honor a couple’s marriage for purposes of state law.  

Supporters of DOMA argued in 1996 that the law is necessary to promote family structures that are best for children, but every credible medical, social science and child welfare organization has concluded that same-sex couples are equal parents.  Married gay and lesbian couples pay taxes, serve their communities and raise children like other couples.  Their contributions and needs are no different from those of their neighbors.  The Respect for Marriage Act would ensure that couples who assume the serious legal duties of marriage are treated fairly under federal law.

The introduction of the Respect for Marriage Act responds directly to a call from President Obama for Congressional action on the issue.  As the President recently confirmed:  “I stand by my long-standing commitment to work with Congress to repeal the so-called Defense of Marriage Act.  It’s discriminatory, it interferes with States’ rights, and it’s time we overturned it.”

Standing with the Members of Congress today were couples who have been harmed by DOMA, numerous members of the clergy, and many of the nation’s leading LGBT and civil rights organizations – including Human Rights Campaign, Lambda Legal, the National Gay and Lesbian Task Force, Freedom to Marry, the American Civil Liberties Union, the National Center for Lesbian Rights, People for the American Way, and the National Organization of Women.  Also supportive of this legislation, and of this particular strategy for repealing DOMA, are the Gay & Lesbian Advocates & Defenders (GLAD), who are leading the litigation efforts challenging DOMA in Gill v. Office of Personnel Management.

“So-called ‘DOMA’ was a radical departure from the way federal government has treated married couples throughout most of American history.  It makes more sense to respect marriages than to destabilize them.  In America, we don’t have second-class citizens and we shouldn’t have second-class marriages either,” said Evan Wolfson, Executive Director of Freedom to Marry and author of Why Marriage Matters: America, Equality and Gay People’s Right to Marry.

“The full repeal of DOMA is long overdue,” said Rep. Nadler.  “When DOMA was passed in 1996, its full harm may not have been apparent to all Members of Congress because same-sex couples were not yet able to marry.  It was a so-called ‘defense’ against a hypothetical harm.  This made it easy for our opponents to demonize gay and lesbian families.  Now, in 2009, we have tens of thousands of married same-sex couples in this country, living openly, raising families and paying taxes in states that have granted them the right to marry, and it has become abundantly clear that, while the sky has not fallen on the institution of marriage, as DOMA supporters had claimed, DOMA is causing these couples concrete and lasting harm.  Discrimination against committed couples and stable families is terrible federal policy.  But, with a President who is committed to repealing DOMA and a broad, diverse coalition of Americans on our side, we now have a real opportunity to remove from the books this obnoxious and ugly law.”

“In support of families throughout the nation, our legislation will extend to same-sex, legally married couples the same federal rights and recognition now offered to heterosexual married couples, nothing more, nothing less,” said Rep. Baldwin, Co-Chair of the Congressional LGBT Equality Caucus.  “As we continually strive to form a more perfect Union, repealing DOMA is a necessary step toward full equality for LGBT Americans.”

“No one should be denied the opportunity to choose his or her spouse,” said Rep. Polis.  “It is a basic human right and deeply personal decision.  Throughout history, we have only moved forward when society has distinguished between traditional values and valueless traditions.  The Defense of Marriage Act – DOMA – is a valueless tradition that undermines the spirit of love and commitment that couples share and sends the wrong message to society.  It is time for its repeal.”

“Respecting the dignity of every human being and the people’s right to freely make decisions about their own lives is in keeping with the most sacred and fundamental principles of our democracy,” said Rep. Lewis.  “That is what made the Defense of Marriage Act so wrong.  From the founding of this nation, we made exceptions to this high moral mandate, and as our history shows, it has always led to the gravest injustice.  Before we travel too far down the wrong path, we must right this wrong.  We must repeal DOMA and put in its place federal action that restores the integrity of our democracy.  Over the years, thousands have paid the price to make this a more open, inclusive society.  We must not turn back.  We must progress to that point where we seek to build a national community at peace with itself.”

“We must work to promote fairness, tolerance and justice for all Americans, regardless of their sexual orientation,” said Rep. Velazquez.  “The Respect for Marriage Act will help to ensure that the rights provided to married couples are extended across state lines and without prejudice.”

“The so called Defense of Marriage Act is discriminatory and unfair and denies fundamental civil liberties to countless families across America,” said Rep. Lee.  “Gay, lesbian and transgendered Americans deserve nothing less that equal protection under the law.”

“The Defense of Marriage Act (DOMA) is a hurtful and cynical law enacted to discriminate against loving, committed same-sex couples.  It does real harm by denying thousands of lawfully-married same-sex couples the federal rights and benefits that only flow through marriage.  Many of these include the protections couples turn to in times of need, like Social Security survivors’ benefits, medical leave to care for an ailing spouse and equal treatment under U.S. immigration laws.  Today’s introduction of legislation to repeal DOMA is a welcome step, and as more states recognize the commitment of loving same-sex couples and their families, it’s time for this law to go into the history books where it belongs,” said Joe Solmonese, President of the Human Rights Campaign.

“DOMA is and has always been an immoral attack on same-sex couples, our families and our fundamental humanity.  This hateful law has only served to discriminate against people and belittle our nation’s heralded values of freedom, fairness and justice. It is long past time to repeal DOMA, which has left a moral scar on this country.  We thank Reps. Nadler, Baldwin and Polis for taking this step toward closing an ugly chapter in our country’s history, and for working to ensure same-sex couples and our families are treated fairly,” said Rea Carey, Executive Director of the National Gay and Lesbian Task Force.

“It is long past time for DOMA to go.  When DOMA passed in 1996 it was a gratuitous slap in the face.  But now, 13 years later, there are thousands of married same-sex couples who are hurt by this law.  We’ve come a long way in 13 years and the federal government shouldn’t be in the business of deciding that some married couples are worthy of federal respect and others are not.  Married same-sex couples pay federal taxes just like everyone else and have a right to the same important benefits and protections as everyone else,” said Kevin Cathcart, Executive Director at Lambda Legal.