ThinkProgress Logo

LGBT

House Republicans Vote To Continue Defending Unconstitutional DOMA

Speaker of the House John Boehner (R-OH)

Speaker of the House John Boehner (R-OH)

On a 228-196 vote, the Republican-controlled U.S. House of Representatives adopted a rules package for the 113th Congress that explicitly authorizes the House’s legal arm to spend taxpayer dollars to defend the unconstitutional Defense of Marriage Act (DOMA). They embraced this unnecessary spending minutes after newly re-elected Speaker of the House John Boehner (R-OH) warned that the rising national debt was an “anchor” weighing down the American Dream.

Since its passage in 1996, DOMA has defined marriage on a federal level as between one man and one woman, purposefully excluding gay and lesbian couples. DOMA also denies same-sex couples who have legally wed in their states countless federal benefits and protections, such as Social Security survivor benefits if one partner dies, and allows other states to refuse to recognize those unions.

The rules authorize the Bipartisan Legal Advisory Group, controlled by Boehner, Republican Leader Eric Cantor (R-VA), and Republican Whip Kevin McCarthy (R-CA) to:

(i) to act as successor in interest to the Bipartisan Legal Advisory Group of the 112th Congress with respect to civil actions in which it intervened in the 112th Congress to defend the constitutionality of section 3 of the Defense of Marriage Act (1 U.S.C. 7) or related provisions of titles 10, 31, and 38, United States Code, including in the case of Windsor v. United States, 833 F. Supp.2d 394 (S.D.N.Y. June 6, 2012), aff’d, 699 F.3d 169 (2d Cir. Oct. 18, 2012), cert. granted, No. 12–307 (Dec. 7, 2012), cert. pending No. 12–63 (July 16, 2012) and 12-ll (Dec.___2012);

(ii) to take such steps as may be appropriate to ensure continuation of such civil actions; and

(iii) to intervene in other cases that involve a challenge to the constitutionality of section 3 of the Defense of Marriage Act or related provisions of titles 10, 31, and 38, United States Code.

(B) Pursuant to clause 8 of rule II, the Bipartisan Legal Advisory Group continues to speak for, and articulate the institutional position of, the House in all litigation matters in which it appears, including in Windsor v. United States.

The House Republican leadership has already authorized $2 million in payments to Bancroft PLLC and former Solicitor General Paul Clement (R) for their legal services in defending the 1996 law. The U.S. Department of Justice stopped defending DOMA in February 2011 after determining the law to be in conflict with the U.S. Constitution.

An array of House Democrats spoke out against the provisions, including Rep. Jared Polis (D-CO), who called the bill a “typical tax-and-spend” Republican policy. Democratic Leader Nancy Pelosi (D-CA) said in a statement that “BLAG does not speak for all Members of the House of Representatives and we will continue to oppose this wasteful use of taxpayer funds to defend DOMA.” Just one Republican, Rep. Walter Jones (R-NC), joined the Democrats in opposing the package.

Both Republicans who have endorsed DOMA repeal, Reps. Ileana Ros-Lehtinen (R-FL) and Richard Hanna (R-NY), sided with their party leadership to adopt the rules.

NEWS FLASH

Minnesota Senator Promises Marriage Equality Bill | Minnesota state senator Scott Dibble (DFL) has promised that the Democratic Farmer Labor Party will advance marriage equality legislation, but not for a month or two. Minnesota Democrats were very successful in the 2012 election, in part because Republican lawmakers allowed a government shut down when they refused to adequately fix the budget deficit. One of the distractions they pursued instead was a constitutional amendment banning same-sex marriage, which failed to pass in November.

NOM Threatens Illinois Republicans Who Support Marriage Equality

The National Organization for Marriage has committed to another campaign of vengeance against any Republican lawmakers in Illinois that votes to support marriage equality. According to a press release today, NOM has committed $250,000 toward a state PAC dedicated to defeating pro-equality Republicans:

“Any Republican in Illinois who betrays the cause of marriage will be casting a career-ending vote and will be held accountable to their constituents,” said Brian Brown, NOM’s president. “We will spend whatever it takes — hundreds of thousands of dollars if necessary — to remove them from office, just as we did three of the four turncoat Republican state Senators in New York who were responsible for gay ‘marriage’ passing there. We will not hesitate to support pro-family Democrats to replace them, as our record in New York proves.”

As usual, NOM grossly distorts its campaign in New York. Not only did its vengeance campaign make no impact on marriage equality in the state, two of the three Republicans who were replaced lost to pro-equality Democrats, not “pro-family Democrats” as Brown implies.

NOM also called for the resignation of Illinois Republican Party Chair Pat Brady to resign, deeming him “unfit to continue” in his position because he is supporting marriage equality. The Illinois Family Institute’s president David E. Smith went a step farther, publishing Brady’s personal cell phone number on Facebook and inviting followers to harass him into stepping down. These petty bullying tactics show that anti-gay groups will sink to any low if they cannot win on the merits of their position — suggesting a resignation that they’ve already lost.

NEWS FLASH

Illinois Senate Will Not Vote On Marriage Equality This Week | Marriage equality may no longer advance in Illinois during the lame duck session, with Senate Democrats saying there will not be a vote this week, according to the Windy City Times. Expectations for the bill’s consideration today were lowered when two crucial supporters were called away on family emergencies. To avoid delays because of opposition to waiving the 24-hour rule on the posting of bills, Senators suggested today they would advance the measure as an amendment to a bill that deals with automobile rentals. Because of the schedule change, the House would now need to pass it first.

Illinois Conservative Faith Leaders Demand Right To Discriminate Against Same-Sex Couples

A coalition of conservative Illinois religious leaders has written a letter to state lawmakers opposing marriage equality. Driven by the Catholic Conference of Illinois, the small coalition also includes the Mormon Church, the Lutheran Church Missoui Synod, the Anglican Church, and The Council of Islamic Organizations of Greater Chicago. In addition to describing same-sex marriage as “full of serious danger,” the letter claims that “religious freedom” should include the right to discriminate against same-sex couples in any aspect of society:

Some claim that as long as religious ministers are not forced to preside over same-sex “marriages” the principle of religious freedom, as secured in the U.S. Constitution’s First Amendment is protected. However, the notion that the exercise of religious freedom is confined to the interior of churches, synagogues, temples or mosques or what one does on Holy Days is wrong and dangerous.  The freedom of religion also extends to the ministries of religious organizations and to the individual conscience. Thus, the real peril: if marriage is redefined in civil law, individuals and religious organizations – regardless of deeply held beliefs – will be compelled to treat same-sex unions as the equivalent of marriage in their lives, ministries and operations.  Compulsion of this nature is a violation of personal conscience and of religious liberty.

The gall of this claim is not to be understated. These groups are demanding the “freedom” to treat gays and lesbian as second-class citizens in society, whether that means employers denying spousal benefits to married gay employees, or businesses denying services that might involve acknowledging that a same-sex couple is married. This is not ” religious freedom”; it is a blatant will to discriminate.

The National Organization for Marriage posted this letter disingenuously claiming it represented “1,700 faith communities” in Illinois. In reality, it bears only 12 names — six of whom are Catholic bishops — and claims to represent only 27 other churches. Last month, over 250 Illinois faith leaders signed a letter supporting marriage equality.

Health

Philadelphia Tries Out Condom Vending Machines To Combat ‘Epidemic’ STD Rates

About a third of Philadelphia’s public high schools are welcoming students back to class this week with free condom dispensers. The initiative to increase sexual health resources in 22 of the city’s 51 high schools is part of an effort to address high rates of STDs among adolescents.

Reuters reports that more than 400 public schools across the country currently make condoms available to students through a nurse, guidance counselor, or other school personnel. Less than ten percent of schools make condoms directly available to teens without an adult intermediary — in a basket, bowl, or vending machine — as Philadelphia’s schools have started to do.

The 22 schools that have added the dispensers to their nurses’ offices were identified by the city’s Health Department as having the most serious rates of STDs, including HIV:

It’s a pilot designed to address “an epidemic of sexually transmitted disease in adolescents in Philadelphia,” said Donald F. Schwarz, the deputy mayor for health and opportunity. Since April 2011, the city has given away about four million condoms, and now, STD rates are falling.

But, Schwarz pointed out, 25 percent of new HIV infections in Philadelphia are teens, and that’s a major worry.

Some city high schools — the dozen that have “health resource centers” — already dispense free condoms. And the Health Department also provides them at city high schools when they go in to test teens for STDs, as they do every year voluntarily with a parent’s consent.

The pilot is the next logical step, Schwarz said.

Unfortunately, the troubling trend of high numbers of adolescents contracting the HIV virus isn’t specific to Philadelphia. The Centers for Disease Control warns that young Americans between the ages of 13 and 24 contribute to a quarter of the U.S.’s new HIV infections each year, partly because they aren’t getting regularly tested and are unaware they have the virus.

If Philadelphia wants to take additional steps to address the epidemic, public officials also might want to consider updating the sexual health education that students receive. Pennsylvania does mandate HIV education in public schools, but doesn’t require that health curricula meet standards for medical accuracy, and doesn’t mandate that religion cannot influence sexual education materials — which means students may receive inaccurate information about how HIV is contracted and spread, like the public school students in California who were told they can get the virus from kissing and prevent STDs with “plenty of rest.”

Republican Massachusetts Lawmakers Propose Unfunded $4.6 Trillion Entitlement To Protest Transgender Rights

Massachusetts State Rep. Jim Lyons (R)

Massachusetts State Rep. Jim Lyons (R)

Massachusetts State Reps. Jim Lyons (R) and Marc Lombardo (R) do not like the fact that a federal judge has ordered the state to pay the legal fees of a transgender prison inmate who successfully sued the state Department of Corrections after she was illegally denied sex reassignment surgery. While the state appeals the ruling, the two have taken the unusual step of co-authoring a bill to require the state to pay up to $700,000 in legal fees for every law-abiding Massachusetts citizen, the Tewksbury Patch reports.

In their joint press release, Lyons defended the proposal as a matter of equality:

“This is an issue of fundamental fairness,” Lyons emphasized. “The hard working citizens who follow the rules and pay their taxes do not qualify for benefits like this. If we provide extravagant benefits like this to a vicious murderer, then why deny them to the law abiding citizenry? It’s a simple matter of fairness and justice.

The Commonwealth of Massachusetts had an estimated population of 6,587,536 in 2011. Assuming that the vast majority of these are law-abiding citizens, a $700,000 entitlement could cost the state more than $4.6 trillion if every resident became a party to a lawsuit.

According to the Massachusetts Department of Revenue, the state took in about $18.5 billion in revenue in 2010. If that amount held constant, it would take the Massachusetts about 250 years to pay that amount — assuming every penny of state revenue was dedicated only to paying the potential legal fees for those alive today. If more law-abiding people moved into the state or new ones were born, the potential liability could skyrocket even more.

Making matters worse, Reps. Lyons and Lombardo have actually proposed significant income tax, sales tax, and meals tax rollbacks, with a Herman Cain-like “5-5-5 plan”. Passage of these would further erode the state’s ability to pay the legal bills he seeks to cover.

Given that the state spent more than twice as much on its own legal fees than it would have cost to pay for the surgery the inmate’s doctors recommended, real fiscal conservatives would question the state’s refusal to comply with the law — rather than push to compound the wasteful spending exponentially.

Both Lyons and Lombardo voted against the state’s 2011 gender identity rights law, which protects transgender citizens against discrimination in employment, housing, K-12 public education, and credit.

British Archbishop Ends Gay Masses Because People ‘Should Not Be Identified By Their Sexual Orientation’

Archbishop Vincent Nichols

For almost six years, fortnightly “Soho Masses” have been offered in the London borough of Westminster that were designed to be “particularly welcoming” to LGBT Catholics and their friends and families. But Archbishop Vincent Nichols has now announced that the Masses will cease and the group that organized them has been asked to focus on pastoral care. Nichols’ announcement features a unique admission about Catholic teaching, which is to deny that a person’s sexual orientation is part of their identity:

Over these years, the situation of people with same-sex attraction has changed both socially and in civil law. However the principles of the pastoral care to be offered by the Church and the Church’s teaching on matters of sexual morality have not. First among the principles of pastoral care is the innate dignity of every person and the respect in which they must be held. Also, of great importance, is the teaching of the Church that a person must not be identified by their sexual orientation . The moral teaching of the Church is that the proper use of our sexual faculty is within a marriage, between a man and a woman, open to the procreation and nurturing of new human life. As I stated in March 2012, this means ‘that many types of sexual activity, including same-sex sexual activity, are not consistent with the teaching of the Church. No individual, bishop, priest or lay-person, is in a position to change this teaching of the Church which we hold to be God-given.’This is the calling to which we must all strive.

The Catholic Church has always refused to acknowledge the existence of gays and lesbians as a community, instead focusing on “persons with same-sex attractions.” Indeed, its Courage ministry, which demands that gay Catholics be chaste if they wish to honor their faith, draws a distinction between “the confines of the homosexual identity” and “a more complete one in Christ.” Using the same shaming tactics as ex-gay therapy, Courage’s mission implies there can be no such thing as a gay Catholic. Still, Nichols’ candid explanation that people should never be identified by their sexual orientation demonstrates how disinterested the Church is in accepting even the most basic realities of sexuality.

The LGBT group Stonewall rebuked Nichols’ decision, responding that “it’s a real shame he’s taken away an opportunity for gay Catholics to celebrate mass in a safe environment.”

California Gov. Jerry Brown Appeals Injunction Against Ex-Gay Therapy Ban

Gov. Jerry Brown

In December, the Ninth Circuit granted conservative groups an injunction against a new California law banning harmful ex-gay therapy from being offered to minors, preventing it from taking effect January 1. The temporary delay allows the Court time to hear the case and address the conflicting rulings offered by lower courts in two different suits challenging the law. In the meantime, Gov. Jerry Brown (D) has appealed the injunction, calling on the Court to focus on the decision upholding the ban issued by U.S. District Judge Kimberly Mueller.

The Liberty Counsel, which is leading one of the lawsuits along with the ex-gay organization NARTH, boasted the injunction when it was granted last month, doubling down on some of the most absurd and offensive claims used to justify ex-gay therapy. In particular, Liberty Counsel Chairman Mat Staver reiterated claims that sexual abuse is somehow responsible for young people’s same-sex orientations:

STAVER: The minors we represent have not and do not want to act on same-sex attractions, nor do they want to engage in such behavior. They are greatly benefiting from counseling. These minors have struggled with same-sex attraction and have been able to reduce or eliminate the stress and conflict in their lives by receiving counseling that best aligns with their religious and moral values.

Without this emergency injunction, the State of California would essentially barge into the private therapy rooms of victimized young people and tell them that their confusion caused by the likes of a Jerry Sandusky abuser is normal and they should pursue their unwanted same-sex sexual attractions and behavior.

Staver neglects to explain that the “stress and conflict” these young people experience is only the result of the family rejection that the Liberty Counsel and ex-gay advocates foment. Studies that have attempted to show correlations between sexual abuse and homosexuality have been largely inconclusive, and certainly plenty of gay people have never experienced abuse. Such claims only seek to stigmatize by implying that people with same-sex orientations are disordered and may themselves have a propensity for abuse themselves, which is completely unfounded.

In the state’s appeal of the injunction, California Attorney General Kamala Harris (D) cited mainstream medical opinion, condemning ex-gay therapy as “unsound and harmful.”

Obama Condemns Military ‘Conscience Clause’ As He Signs Defense Budget

President Obama has signed the National Defense Authorization Act, but he issued several signing statements qualifying his measured support of its various provisions. In particular, he condemned the “conscience clause” included in the conference version of the bill, a watered-down version of the “license to discriminate” proposed by Rep. Todd Akin (R-MO) last year. President Obama made it clear he will not tolerate any attempt to promote anti-gay views in the military:

Section 533 is an unnecessary and ill-advised provision, as the military already appropriately protects the freedom of conscience of chaplains and service members. The Secretary of Defense will ensure that the implementing regulations do not permit or condone discriminatory actions that compromise good order and discipline or otherwise violate military codes of conduct. My Administration remains fully committed to continuing the successful implementation of the repeal of Don’t Ask, Don’t Tell, and to protecting the rights of gay and lesbian service members; Section 533 will not alter that.

The final version of the language was so softened from its original proposal so as to simply be a redundant iteration of protections that already exist ensuring servicemembers cannot be penalized for their beliefs. Still, its inclusion represents conservatives’ latest attempt to protect anti-gay discrimination and stigma under the shroud of “religious freedom.”

The Morning Pride: January 3, 2013

Welcome to The Morning Pride, ThinkProgress LGBT’s daily round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but please let us know what stories you’re following as well. Follow us all day on Twitter at @TPEquality.

- A technicality kept the Illinois Senate from considering the marriage equality bill yesterday, but it will likely proceed today.

- Meanwhile, Springfield, Illinois is planning to expand health insurance coverage to the dependents of city employees in civil unions.

- The Obama administration is now in the awkward position of arguing against a gay discrimination claim.

- Westboro Baptist Church tried to protest Maryland same-sex marriages, but we’re outnumbered by supporters.

- The anti-gay Liberty Counsel wants to use Christian rap to reach high school students.

- There is much to learn about the struggles of the gay community from the death of AIDS activist Spencer Cox.

- Several same-sex couples attempted to apply for marriage licenses in Hattiesburg, Mississippi through the Campaign for Southern Equality’s “We Do” campaign.

- France’s first baby of 2013 was born to a lesbian couple.

- Lady Gaga will embark on a tour with her Born This Way Foundation that will include a “Born Brave Bus” to provide a safe space for 13- to 25-year-olds “to learn more about local resources on anti-bullying, suicide prevention, and mental health services.”

- Singer Ke$ha has come out as bisexual and said she wants to stand up to anti-LGBT bullying.

- Androgynous model Andrej Pejic graces the cover of this month’s Serbian Elle.

- Filipino wedding videographer Jason Magbanua shares with us the lovely wedding of “J & P”:

  • Comment Icon

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up