Boning up on the 4 anti-gay measures expected to be introduced in Congress on Wednesday

Rep. Steven Palazzo, R-Miss., wants to accommodate servicemembers who object to open service based on their religious beliefs.

Earlier we noted that Rep. Duncan Hunter, R-Calif., plans to introduce an amendment to the Defense Authorization Act that would broaden the certifcation requirement for the repeal of “don’t ask, don’t tell.” We also mentioned another anti-gay amendment from Rep. Todd Akin, R-Mo., that would prohibit same-sex weddings from being performed in military chapels. Since then, two additional anti-gay amendments have emerged, including one designed to accommodate religion-based homophobia in the armed forces. All of the amendments are expected to be introduced Wednesday when the House Armed Services Committee marks up the Defense Authorization Act. Below is a fact sheet on all four anti-gay amendments from the Human Rights Campaign.

Amendment by Rep. Duncan Hunter (R-CA) – Expand Certification

Rep. Hunter is expected to offer an amendment that would expand the “Don’t Ask, Don’t Tell” certification process by requiring certification by the five service chiefs.  The process created by the repeal bill passed last year and currently underway requires the Commander-in-Chief, Secretary of Defense and Chairman of the Joint Chiefs of Staff to certify that the military is prepared for repeal of “Don’t Ask, Don’t Tell” before the law is removed from the books.

Expanded certification is unnecessary. On December 2, 2010, the Secretary of Defense testified before the Senate Armed Services Committee that “I would not sign any certification until I was satisfied with the advice of the service chiefs that we had, in fact, mitigated, if not eliminated, to the extent possible, risks to combat readiness, to unit cohesion and effectiveness.”  In addition, all of the service chiefs have testified before the House and Senate Armed Services Committees that expanded certification is not necessary and that they are very comfortable with their ability to provide military advice to Secretary Gates and have it heard. Finally, the Chairman of the Joint Chiefs of Staff is included in the certification process and serves as an additional voice for all of the service chiefs.

—  John Wright

What’s Brewing: Hunter takes aim at DADT repeal; A&M’s GLBT resource center under fire again

Rep. Duncan Hunter, R-Calif.

Your weekday morning blend from Instant Tea:

1. Rep. Duncan Hunter, R-Calif., plans to introduce an amendment this week aimed at derailing the repeal of “don’t ask, don’t tell.” Hunter’s amendment to the National Defense Authorization Act would require all four service chiefs to certify that DADT repeal won’t hurt the military’s readiness before it can be implemented. Under the DADT repeal bill passed by Congress last December, only President Barack Obama, the chairman of the Joint Chiefs of Staff and the Defense secretary must certify DADT repeal. The Washington Blade reports that Hunter’s amendment is one of several anti-gay measures that could be introduced. Hunter may also introduce an amendment to overturn DADT repeal completely, and Rep. Todd Akin, R-Mo., plans a measure that would reverse guidance allowing chaplains to perform same-sex weddings in Navy chapels, which we reported on Monday.

2. A bill that would bar transgender people from marrying people of the opposite sex is back on the Texas Senate’s intent calendar for today. The Senate needs 20 votes to take up SB 723 by Sen. Tommy Williams, R-The Woodlands, meaning Republicans need at least one Democrat to break ranks and support the measure, which would remove a court-ordered change of sex from the list of documents that can be used to obtain marriage licenses. The bill is a direct response to the Nikki Araguz case and could lead to the state not recognizing the transitioned status of transgender people for any purpose. Equality Texas and other groups have been urging folks to contact their senators and ask them to oppose SB 723.  To send an email to your senator, go here. To call your senator, go here. Daniel Williams at Legislative Queery reports that the most likely source for the 20th vote is Sen. Carlos Uresti, D-San Antonio. Uresti’s Capitol office number is (512) 463-0119.

3. The Texas Aggie Conservatives’ assault on Texas A&M’s GLBT resource center continues. The Aggie Conservatives were behind the Student Senate bill backing a state budget amendment that would require schools with GLBT resource centers to equally fund centers for “family and traditional values.” Now, the Aggie Conservatives are taking issue with a recent safe-sex seminar hosted by the GLBT resource center. The group apparently sent one of its members to the seminar undercover, and he reports that it included “pornographic videos and new sex acts.” First of all, so what? Did anyone who was at the seminar for its intended purpose actually complain? Besides, why are the Aggie Conservatives so obsessed with the GLBT resource center? Something tells me their interest in these alleged pornographic videos goes a little beyond politics, if you know what I mean. Watch a report on the “controversy” from KHOU.com below.

—  John Wright

Lawmakers to file DOMA repeal Wednesday

Federal District Judge Joseph Tauro in Massachusetts has ruled — in two separate cases, no less — that the federal Defense of Marriage Act is unconstitutional.

President Barack Obama has said that DOMA is unconstitutional and the Justice Department, under his administration, will no longer defend it in court.

Republican Speaker of the House John Boehner has said that the House of Representatives will defend DOMA in court since the Obama administration won’t.

And now, a group of five U.S. senators is set to introduce legislation to repeal DOMA.

Democratic Sens. Dianne Feinstein of California, Patrick Leahy of Vermont, Kirsten Gillibrand of New York, Christopher Coons of Delaware and Richard Blumenthal of Connecticut will officially announce their DOMA repeal bill in a press conference at 2 p.m. EST on Wednesday in the Senate Office Building.

Of course, with Republicans in charge of the House already having announced their plans to defend DOMA in court, and a narrow Democratic majority in the Senate, it’s not likely that Obama will get to keep his campaign promise this year. Still, it’s nice to know DOMA repeal is still on the agenda.

—  admin

Polygamy, Sharia law cited as reasons to repeal marriage equality in New Hampshire

Supporters of marriage equality wore red to Thursday’s hearing. (From HRC)

Back in 2009, when Democrats controlled the New Hampshire Legislature, lawmakers there voted to give legal recognition to same-sex marriages. Gov. John Lynch signed the legislation into law.

Now, two years later, Republicans control the Legislature in New Hampshire, and are considering a bill to repeal marriage equality in the state. On Thursday, the House of Representatives held a public hearing to get citizens’ input on the repeal effort. More than 500 people were there to oppose repeal while less than 50 showed up to support repeal.

While the supporters were far fewer in number, their arguments are getting a lot of attention in the press today — because those arguments were so totally asinine.

One guy claimed that allowing legal same-sex marriage would open the door to polygamy and Sharia (Islamic religious) law in the U.S. Rep. Alfred Baldasaro claimed that New Hampshire would end up like Canada, which legalized same-sex marriage several years ago and now “they’re fighting in the courts to get three husbands, three wives.”

And Sen. Fenton Groen brought up the age-old indoctrinating-the-children and “health risk” bugaboos: “[Homosexuality] will significantly increase their risk of serious disease and can be expected to significantly shorten their lives.”

The National Organization for Marriage’s Maggie Gallagher was there, of course, spouting her usual nonsense about marriage being specifically about raising children and how same-sex marriage would infringe on religious freedom.

For more, check out jpmassar’s post at Daily Kos or watch the video after the jump compiled by Igor Volsky at Think Progress.

Just so you know, John Lynch is still governor of New Hampshire, and he has said if the repeal bill is passed by the Legislature, he will veto it, although Republicans have a supermajority in both legislative houses and could override a veto. On the other hand, the House committee considering the repeal measure is expected to vote to “retain” it, which means hold the bill over until the next legislative session (which starts next January) and not vote on it this time around.

—  admin

Marriage equality battles ramping up across U.S.

N.H. Republicans working to repeal marriage law; other states offer mixed bag in legislative actions

DANA RUDOLPH | Keen News Service
lisakeen@mac.com

Two New Hampshire legislators have recently introduced bills to repeal that state’s marriage equality law, even though Republican leaders said Jan. 13 that such a repeal is not a party priority in 2011.

And several other states saw legislative moves toward or away from equality in recent weeks.

New Hampshire: State Rep. David Bates, R-Windham, and 11 cosponsors filed a bill that would repeal marriage equality and prevent New Hampshire from recognizing the marriages of same-sex couples contracted outside the state. New Hampshire same-sex couples that married in the state before the bill became effective would continue to be recognized as married.

Same-sex couples that married in another state would no longer be recognized.

State Rep. Leo Pepino, R-Manchester, and five cosponsors filed a separate bill that would repeal marriage equality and prohibit civil unions or any other form of legal recognition for same-sex couples. The Associated Press reported Jan. 25, however, that Pepino will ask the committee hearing the bill “to retain it until next year when they have more time.”

Democratic Gov. John Lynch, who signed the original marriage equality bill into law, has said he would veto a repeal bill. But Republicans hold a veto-proof majority in both houses.

Mo Baxley, executive director of New Hampshire Freedom to Marry, said in an interview that she thinks marriage equality supporters can sustain the governor’s veto by finding supporters among older, more libertarian-leaning Republicans.

“The public is solidly on our side,” Baxley asserted, but he cautioned, “We can’t just presume that we’ve got the votes . . . .We’ve got to be full throttle out there.”

She said state Republicans also plan to introduce a bill next year for a ballot measure that would amend the state constitution to prohibit same-sex marriage. With a spotlight on New Hampshire’s first-in-the-nation presidential primary, she said, a ballot fight in 2012 could help motivate a stronger conservative turnout.

Maryland: Marriage equality bills were introduced into both the Senate and House in the past week. Democrats have a majority in both chambers. Gov. Martin O’Malley, also a Democrat, has said he would sign the bill if it reaches his desk. Cosponsor Sen. Jamie Raskin, D-Montgomery, said in a press briefing Jan.y 21 that he expects a fight on the Senate floor and will need 29 votes out of 47 to break a filibuster. An up-or-down vote on the bill, after the filibuster is broken, will require 24 votes. Democrats have a 35 to 12 majority in the Senate. A public hearing on the Senate bill is scheduled for Feb. 8.

Hawaii: The full Senate on Jan. 28 passed a bill to legalize civil unions for same- and opposite-sex couples. It now heads to the House, where it is expected to pass. Gov. Neil Abercrombie, a Democrat, has said he will sign it.

Illinois: Gov. Pat Quinn, a Democrat, signed a civil union bill Jan. 31 giving same- and opposite-sex couples many of the same rights as married ones.

Iowa: The House Judiciary Committee passed a bill Jan. 24 that would allow voters to decide on a state constitutional amendment banning same-sex couples from marriage, civil unions, or domestic partnerships. In the Senate, however, Sen. Kent Sorenson, R-Indianola, attempted to bypass Senate rules and bring to the floor a vote on the Senate version of the bill. Democrats, who hold a 26-24 majority, voted down the attempt.

New Mexico: Three bills were introduced in the House and one in the Senate that would variously put before voters a constitutional amendment banning same-sex marriage and ban New Mexico from recognizing such marriages enacted outside the state.

Wyoming: The House passed a measure Jan.y 25 to prevent the state from recognizing same-sex marriages contracted elsewhere. The next day, the state Senate passed a bill that would allow voters to decide whether to amend the state constitution to ban same-sex marriage. A civil union bill introduced by openly gay State Rep. Cathy Connolly, D-Laramie, failed by one vote to make it out of committee Jan. 28.

© 2011 by Keen News Service. All rights reserved.

This article appeared in the Dallas Voice print edition Feb. 4, 2011.

—  John Wright

N.H. lawmakers seek to repeal gay marriage

Welcome to 2011, the year in which we’ll have to prove we still know how to play defense. Take, for example, New Hampshire, where state lawmakers have already filed four draft bills seeking to repeal same-sex marriage, which was legalized in 2008. It’s unclear how the bills would affect the 1,500 same-sex couples who married last year, but if you’ve always dreamed of tying the knot in the Granite State, you may want to hurry up and do it. The Telegraph reports:

While some House members work to craft the Fiscal Year 2012 budget, others could work through the spring to shape the repeal legislation, sending a bill to a vote by the end of the legislative session in July, said state Rep. Leo Pepino, a Manchester Republican, who introduced one of the proposals.

With a 297 to 103 advantage in the House, and a 19 to 5 divide in the Senate, Republicans could have the two-thirds majority necessary to override Gov. John Lynch, who has promised to veto any repeal bill.

In 2008, the Democratic-led legislature passed the marriage law with 198 votes in the House and 14 in the Senate, becoming the sixth state to legalize same-sex marriage.

“I think we have the votes (to repeal),” Pepino said last week. “We have a lot of really good conservatives and a good conservative doesn’t believe in gay marriage. … It’s a matter of ethics.”

—  John Wright

BREAKING: Senate advances DADT repeal; final vote set for 2 p.m. Dallas time

In a historic vote that spells an eventual end for the 17-year-old policy, the Senate advanced a standalone bill to repeal “don’t ask don’t tell” on Saturday.

Shortly before 11 a.m. Dallas time, the Senate voted 63-33 to cut off debate on the DADT repeal bill and move to a final vote, which was scheduled for 2 p.m. Dallas time today.

Texas Republican Sens. John Cornyn and Kay Bailey Hutchison both voted against advancing DADT repeal this morning. Six Republicans joined 45 Democrats and two Indpendents in voting to advance the measure. The six Republicans were Olympia Snowe and Susan Collins of Maine, Lisa Murkowski of Alaska, Scott Brown of Massachusetts, Mark Kirk of Illinois and George Voinovich of Ohio.

“This vote represents an historic step forward for this country, and it will very likely be a life-changing moment for gay and lesbian troops,” said Alexander Nicholson, executive director of Servicemembers United and a former multi-lingual Army interrogator who was discharged under DADT. “While we still have a long road ahead, including a final passage vote, the certification process, and a yet-to-be-determined implementation period, those who defend our freedom while living in fear for their careers will finally breathe a sigh of relief tonight, and those who have fallen victim to this policy in years past will finally begin to see true closure and redemption on the horizon.”

More than 13,500 servicemembers have been discharged since DADT became law in 1993. An end to the policy would mean that for the first time in this history of the U.S., gays, lesbians and bisexuals can serve openly in the military.

—  John Wright

House OKs standalone bill to repeal DADT

Lisa Keen  |  Keen News Service

The U.S. House of Representatives voted Wednesday afternoon, Dec. 15 to approve a measure to repeal “don’t ask, don’t tell.” The vote was 250-175. It was the second time this year the House approved such a measure. In May, the vote was 232 to 180.

The measure will now go to the Senate where it is expected to reach the floor sometime next week.

“Today’s vote by the House of Representatives provides another resounding indication that Don’t Ask, Don’t Tell can and should be repealed legislatively this year,” said a statement issued by several pro-repeal groups. “With this second vote in favor of repeal, the House joins our top military leaders, a super-majority of Americans, the President, and a 60-vote majority in the Senate in agreeing that it is time to give the Pentagon the power to carry out its carefully crafted plans for ending Don’t Ask, Don’t Tell. With the Pentagon Working Group report in hand and the Secretary of Defense pleading for Congressional action, there is no more time for excuses — the Senate must follow the lead of the House and pass the bipartisan repeal legislation championed by Senators Lieberman and Collins before the end of the 111th Congress.”

Groups issuing the joint statement were the Center for American Progress Action Fund, the Human Rights Campaign, Log Cabin Republicans, Stonewall Democrats, the Servicemembers Legal Defense Network, Servicemembers United and Third Way.

The House vote may have confused someone just tuning in to the debate because it appeared, on the surface, to be a debate about a small business bill. But that bill, which has been approved by both houses but not sent to conference, was gutted and language from a DADT repeal bill was inserted. This new language was introduced by Rep. Patrick Murphy, D-Pa., as a standalone repeal bill Tuesday, as a way of encouraging and speeding up the passage of a similar standalone bill in the Senate.

House Speaker Nancy Pelosi took to the floor early in the debate to urge passage of the measure and cite polling data released Wednesday showing 8 out of 10 Americans support repeal.

“It is my hope to encourage the Senate to take this long overdue action,” said Pelosi.

Rep. Murphy, urging support for repeal, said, “Enough of the games. Enough of the politics. … This vote is about whether we’re going to continue telling people willing to die for our freedoms that they need to lie in order to do so.”

Rep. Susan Davis, D-Calif., controlled debate for Democrats and led with remarks saying, “The time to act is here.” Davis is a member of the House Armed Services Committee.

“Change is never easy but it rarely is as necessary as it is today,” said Davis. “If we miss this opportunity to repeal this law, history will judge us poorly.”

Rep. Buck McKeon, R-Calif., who will be the chairman of the House Armed Services Committee beginning in January, expressed “strong opposition” to the repeal measure. He lamented the committee was not being given an opportunity to hold its own hearing on the Dec. 1 report submitted by the Pentagon. The Senate Armed Services Committee held such a hearing on Dec. 2 and 3.

Rep. Trent Franks, R-Ariz., urged voting against the repeal measure to provide the military with more time to “deal with this in their own way.”

Many of the Republicans who spoke lamented the fact that Congress has yet to pass the annual Defense Authorization bill, suggesting that debating the DADT repeal was somehow interfering with that bill. The irony, of course, was that Republicans in the Senate blocked consideration of the Defense Authorization bill, in large part because it included DADT repeal.

Rep. Barney Frank, D-Mass., called Republicans out on that, saying they’ve repeatedly blocked consideration of the defense bill. He also argued that it’s not servicemembers who are uneasy with the change, but Republican members of Congress.

Rep. Tammy Baldwin, D-Wisc., also spoke in favor of repeal, saying the current policy is un-American.

The Senate last week fell just three votes short of moving to consideration of the issue through the Defense Authorization bill, which includes repeal language. If Senate Majority Leader Harry Reid attempts to bring it to the floor of the Senate in the next few days, it will still need 60 votes.

West Virginia activists and the Servicemembers Legal Defense Network delivered 800 petitions to the offices of West Virginia’s new Democratic Senator, Joe Manchin, on Wednesday, hoping to reverse his recent vote against consideration of DADT repeal. Manchin, the only Democrat to vote with Republicans to keep a filibuster going last week, said he voted no because he hadn’t had enough time to review the issue.

Sen. Blanche Lincoln, D-Ark., said last week she would have voted for cloture on the defense bill had she been in the chamber during the vote. And Sen. Scott Brown. R-Mass., has said he would vote for cloture after the Senate completes passage of a bill to extend tax cuts. Sen. Olympia Snow, R-Maine, also announced her support for DADT repeal on Wednesday.

The Senate on Wednesday passed the tax cut extension bill and then moved immediately to consideration of a new arms control treaty (START). Some are predicting the House will soon pass the tax cut bill, too, fulfilling a Republican Party demand that has prevented consideration of DADT repeal and other issues.

One troubling development for repeal — though not one that is expected to deliver much punch — was a statement Tuesday from U.S. Marine Corps Commandant James Amos. Amos told reporters at a Pentagon briefing that he thinks repeal threatens the lives of Marines in combat because a soldier’s being gay presents a “distraction” to Marines and “distractions cost Marines’ lives.”

“I don’t want to lose any Marines to distraction,” said Amos. “I don’t want to have any Marines that I’m visiting at Bethesda [Army Hospital] with no legs.”

President Barack Obama issued a statement Wednesday night applauding the standalone repeal bill’s passage.

“Legislative repeal is supported by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff,” Obama said. “The process contained in this legislation allows for a smooth and responsible repeal of ‘Don’t Ask, Don’t Tell’ in a way that maintains good order and discipline in our military ranks. Indeed, all of the Service Chiefs have said that when this law is changed , they will implement an orderly transition effectively and efficiently. As the comprehensive study by the Department of Defense clearly shows, we can move to a new policy in a responsible manner that ensures our military strength and our national security.”

© 2010 Keen News Service

—  John Wright

Wounded gay Texas Marine: Amos ‘spit on me,’ and I wish Obama would ‘fire his ass on the spot’

Eric Alva

Former Marine Staff Sgt. Eric Alva, a gay wounded veteran from San Antonio, today responded to Marine Commandant Gen. James F Amos’ comments on Tuesday suggesting that repealing “don’t ask don’t tell” would lead to casualties.  Alva became the first casualty of the Iraq war in 2003 when his leg was blown off by a land mine. From The Advocate:

“He pretty much spit on me, my Purple Heart, and my 13 years of service,” Alva said of Amos Wednesday as the House of Representatives prepared to vote on a stand-alone repeal bill — one sponsored by Pennsylvania Rep. Patrick Murphy, a fellow Iraq War veteran who lost his reelection bid in November. “I would definitely ask Amos for a meeting to explain his comments, and I’d bring my Purple Heart with me.”

Responding to questions from reporters at the Pentagon, Amos, who was appointed to the position by Defense Secretary Robert M. Gates in June but is at odds with the White House on “don’t ask, don’t tell,” said Tuesday: “Mistakes and inattention or distractions costs Marines lives. … I don’t want to lose any Marines to the distraction. I don’t want to have any Marines that I’m visiting at Bethesda [National Naval Medical Center] with no legs be the result of any type of distraction.” (Read Stars and Stripes coverage of the remarks here.)

Alva, 39, called Amos’s behavior insubordinate and reminiscent of the conduct of another four-star general: Stanley A. McChrystal, who resigned under pressure in June after Rolling Stone published remarks attributed to Gen. McChrystal and his aides critical of senior administration officials.

“I wish Obama would invite [Amos] to the White House and fire his ass on the spot,” Alva told The Advocate.

—  John Wright