Rep. Workman loves 10th amendment, except when it protects gays from discrimination

Daniel Williams

By DANIEL WILLIAMS | Legislative Queery

HCR 110 by Rep. Paul Workman, R-Travis County, expresses the desire of the Texas Legislature for President Barack Obama to defend the so-called Defense of Marriage Act (DOMA) against court challenges. DOMA was passed in 1996 by Congress. It prohibits the federal government from recognizing same-sex marriage and allows individual states to not recognize same-sex marriages performed in other states.

(HCR stands for “House Concurrent Resolution.” Concurrent resolutions must be passed by both the House and Senate and — in most cases — signed by the governor. They cannot create new laws but are used to express the will of the Legislature and, in some situations, to allow the Legislature to exercise its power. HCR 110 expresses the will of the Legislature for the executive branch of the federal government to take a particular course of action. If passed it would have no binding power over the president.)

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BREAKING: Obama administration will no longer defend key provision of DOMA

President Barack Obama

U.S Attorney General Eric Holder has issued a statement saying the Obama admistration will no longer defend Section 3 of the Defense of Marriage Act because it believes the provision is unconstitutional.

Section 3, which defines marriage as the union of one man and one woman for federal purposes, was declared unconstitutional by a U.S. district judge last year, but the Justice Department appealed the decision. Holder’s statement means the Justice Department will no longer defend Section 3 of DOMA.

DOMA, passed in 1996, denies married same-sex couples more than 1,000 rights, benefits and responsibilities tied to marriage under federal law. These include Social Security survivors’ benefits, family and medical leave, equal compensation as federal employees, and immigration rights, among many others.

“This is a monumental decision for the thousands of same-sex couples and their families who want nothing more than the same rights and dignity afforded to other married couples,” Human Rights Campaign President Joe Solmonese said in a statement Wednesday. “As the President has stated previously, DOMA unfairly discriminates against Americans and we applaud him for fulfilling his oath to defend critical constitutional principles.”

HRC goes on to note that under federal law, the Obama administration must report its decision to Congress, where anti-gay lawmakers are likely to take up the defense of DOMA.

“Congressional leaders must not waste another taxpayer dollar defending this patently unconstitutional law,” Solmonese said. “The federal government has no business picking and choosing which legal marriages they want to recognize. Instead Congress should take this opportunity to wipe the stain of marriage discrimination from our laws.”

Today’s decision doesn’t mean Section 3 of DOMA has been repealed or will no longer be enforced. That would take a court ruling or an act of Congress. However, the announcement is consistent with Obama’s statements during his campaign, when he said he favored a full repeal of DOMA: “I support the full and unqualified repeal of the Defense of Marriage Act,” Obama said in 2007. “While some say we should repeal only part of the law, I believe we should get rid of that statute altogether.”

The full text of Holder’s statement is after the jump.

—  John Wright

Early voting begins today for midterm elections, with plenty at stake for the LGBT community

Many LGBT advocates and activists were thrilled two years ago when Barack Obama — a man who said he supported legal federal recognition of same-sex civil unions, passage of the Employment Non-Discrimination Act and repeal of the military’s “don’t ask, don’t tell” and who pledged to be a “fierce advocate” for the LGBT community — was elected president.

Since President Obama was taking office at a time when the Democratic Party — which tends to be, overall, more progressive on LGBT issues — controlled both the U.S. House and the U.S. Senate, LGBT advocates were looking forward to seeing big progress very quickly. And in fact, Obama has included a number of LGBT and LGBT-supportive individiuals in his administration. He did issue an executive order that granted partner benefits to LGBT federal employees. He did sign into law the Matthew Shepard and James Byrd Jr. Hate Crimes Law (one of the top priority issues on the LGBT community’s list for several years).

But many of those same activists who were so tickled to see Obama elected have begun losing faith that the president has a real commitment to LGBT equality. ENDA continues to languish. Repeal of DADT went down in flames in the Senate and lesbian and gay servicemembers continue to be discharged. And the Department of Justice, under the Obama administration, has continued to appeal court rulings favorable to the LGBT community on issues like DADT and the Defense of Marriage Act.

Perhaps, many feel, the “fierce advocate” isn’t so fiercely on our side, after all. And yet, would a Republican-controlled Congress make it any easier to get our issues fairly addressed? Democrats warn that not only would we make no further progress with the Republicans in charge, we might also lose some of advances we have made so far.

However you feel about it, the midterm elections next month will undoubtedly have a huge impact on the future of efforts like passage of ENDA and DADT. Many pundits expect the Republicans to win control of at least the House of Representatives, if not both the House AND the Senate.

And that’s not even taking into account the importance of races from the county level on up to the state level, where Republican incumbent Rick Perry is fighting a hard battle against Democratic challenger Bill White in the race for Texas governor. And what about the Texas Legislature? Will the LGBT community have enough allies there to pass a safe schools bill that would address anti-gay bullying, or to at least fend off recurring efforts to keep same-sex couples from adopting or being foster parents?

Those are just a few of the races that will be determined in this election, and all of them impact our community in some way. And your vote can make the difference when it comes to who will represent you in county, state and federal government.

Election Day isn’t until Nov. 2. But early voting starts today. Dallas Morning News reported today that Dallas County residents appear to be voting at a higher pace than the last midterm elections four years ago, and that Dallas County Elections Administrator Bruce Sherbet is predicting an overall turnout of about 40 percent this year.

So why not go on and vote now and avoid the Election Day rush?

Do you need to know where to go to early vote? Are you wondering which precinct or district you are in? Do you know if your voter’s registration is still valid? There are online sites that can help.

If you live in Dallas County, go here for information on early voting sites and hours and for information about who represents you, specifically, at the county, state and federal levels. That same information is available for Tarrant County residents here. The state of Texas also has a site with information for voters, and you can find it here.

And if you don’t live in Dallas or Tarrant counties, just do a search online for your county’s elections site.

Remember, our government is supposed to be “of the people, by the people and for the people.” But if you want your voice to count, then you have to vote.

—  admin