Jerold Nadler Speaks out about LGBT Legislation Complications

 Blogged by melanie nathan – Kudos to Chris Johnson of DC AGENDA  for a great report;  Rep. Jerrold Nadler  said the Respect for Marriage Act,  would overturn the Defense of Marriage Act,  and would notpass next year.  The sponsor of the bill that would overturn the Defense of Marriage Act said repeal won’t happen in this Congress and that efforts next year will instead be focused on building support on the issue.

Rep. Jerrold Nadler (D-N.Y.) said in an interview with DC Agenda that lawmakers will work on passing other pro-LGBT bills next year, and could take up legislation to repeal DOMA — known as the Respect for Marriage Act — at the end of the two-year session starting in 2011. “The Respect for Marriage Act is a bill that we can’t pass right now; we know we can’t pass it right now,” he said.

Nadler apparently is reiterating the Barney Frank strategy voiced that Congress won’t take up the DOMA repeal next year because other LGBT-related bills, including the Employment Non-Discrimination Act, legislation providing partner benefits for LGBT federal workers and a repeal of “Don’t Ask, Don’t Tell,” are taking precedence. Supporters hope to pass those measures by the end of 2010.  Nowhere do we have mention of UAFA (Uniting American Families Act) other than if it is not in Comprehensive Immigration reform, Nadler will come in with an amendment –albeit hard to the fight.

So as a tired activist having read this article we can all note that the order of things is the same, the timing is pushed even further forward and the progressives are following the beat of the usual drum.   The interview reports Nadler as saying,  “The Respect for Marriage Act comes up after that, maybe at the end of the next Congress, maybe afterward,” he said.

Nadler’s legislation would overturn DOMA, allowing the federal government to recognize same-sex marriages. It also has a “transport provision” that would allow same-sex couples to marry in one state and still receive federal benefits even if they move to another state where gay nuptials aare not recognized. 

The ripple impact of the removal of DOMA is that in all likelihood the US will have to recognize married gay couples for the purposes of immigration and then UAFA and immigration equality would be moot. There are an estimated 90,000 binational couples around the world, in hiding in US, abroad in exile, pending deportation or waiting for visas to expire.  Every time a gay married American’s spouse leaves the USA, entry back into the USA, even with a valid visa, is not guaranteed.

The entire article about the DOMA repeal legislation and all LGBT strategy can be found at http://dcagenda.com/2009/12/10/no-doma-repeal-next-year-nadler and is a worthy read.

So it seems to me that it is now all about building the support.  If this is the only way that this repeal happen then it is incumbent on all of us to get ourselves and families out there in front of our politicians – not giving up our dollars so easily to rusty old campaigners- and looking for the blood that beats from hearts such as ours.

 Even though we need to call our senators and members of Congress, asking them to sign on to the bill, we still need to wake America up to the fact that we exist, we are decent and we are not going away.

Gay Rep. Barney Frank (D-Mass.) hasn’t signed on as a co-sponsor to Nadler’s bill, saying that lawmakers will instead focus on other LGBT issues this Congress and the bill’s trasport provision could cause political problems for House members seeking re-election. I completely disagree – this is a damned if you do and damned if you don’t moment.   I am so appalled at the tip- toe –thru- the –tulips  technique that smacks of low- self- politcal -rights- esteem. 

The article points out that  Nadler said he hasn’t “had too many conversations” with Pelosi on the proposed DOMA repeal since it was introduced, but noted that the speaker has privately encouraged House members to co-sponsor the bill. We all know – healthcare-healthcare-healthcare – financial crisis – queers get to the back of the line and with a little luck we may still be here for you when we get to you.  A big miscalculation by our own leadership – the timing -   did they think that a healthcare debacle and  would be the impetus for our legislation or the measure of faded promises?

  DC Agenda also reports Nadler had not spoken much with Frank on the issue since the bill’s introduction and from this I garnish perhaps some harsh feelings remain, a sense I had from my own discussions with senior staffers close to both Congressmen when the new bill was originally introduced. I believe Frank felt slighted at the fact that Nadler had jumped in with the all-encompassing legislation (The Big One) that would may have rendered Frank’s pets ENDA and DADT redundant.

Although supporters have said other bills will take priority this Congress, advocates for the DOMA repeal have hoped for congressional hearings on marriage by the end of next year. This is where the support can happen as we bring our stories to DC. 

Right now we cannot allow ourselves to be put off by or rely on a fragmented strategy and ineffective leadership we cannot  miss our beat – we have our work cut out for us more than ever.  This is our lives they are playing with and we don’t have time anymore. We have to play this differently to what we have been doing – or not doing! Eevery queer- gay- lesbian- treansgender- bi- questioning must get their story out to our members of Congress and Senators, in more than mere letter form.  Forget those standard letters they keep sending you to send – do this do that – blah – okay do it but that is not all you need to do. Write your own letter explaining who you are, what you do, what you like, what you want, tell them about your kids and how much everything is costing you without your rights. Get personal.  Our members of Congress are asking you to do it. Nadler has asked repeatedly to hear from our community. They want to meet you. Make an appointment with your member of congress or a staffer of your Senator. Turn uop and say I am here to collect my rights. Be nice be polite – let them see we are decent normal people.

Dc Agenda adds the quotes  -  “Some of the people we’re dealing with are very busy with a number of other things.”   There’s not a sense of urgency, the sense that this bill has to have a Senate sponsor right now because it’s going to pass right now, because it’s not, so we’re talking.” Even without a sense of urgency among lawmakers, Nadler said he thinks DOMA should be repealed because it’s “a stain on the national honor.” – Indeed I agree with Rep Nadler, but for me, because  it is such a severe civil rights abuse it is unconscionable, yet it is always on the backburner. 

Excluding a handful, our lawmakers do not care about us gays and lesbians – we are not a priority – and like an abandoned child I must cry and  tell them who I am – we must all cry out loudly now.  Rep. Nadler is a dear friend to our community, he can do no wrong in my eyes;  he is willing to truly stand up for what he believes to be the right thing, fearless of political misfire.  I know no other member of Congress as truly concerned– and so it is with gratitude that I commend the Congressman for being so open in the interview.  I know he is up against a huge brick wall and he is in essence begging for OUR help.

 Write a personal letter; attach photographs. Do it three times a year. Send a Holiday card with your family picture and tell them you are waiting for your equal treatment. It will go a long collective way.  Imagine if one in  every ten cards turns out to be from a queer constituent.

When it comes to UAFA – the major obstacle that UAFA supporters will face is opposition from Catholic leaders. This what I have been saying for a long time. The U.S. Conference of Catholic Bishops has urged lawmakers to exclude the provision from immigration reform because church leaders support reform, but oppose the LGBT-specific provision. The recent Manhattan Declaration certainly adds to this taint.  

Rep. Nadler said opposition to UAFA from Catholic leaders will make inclusion of the measure in the bill “a very difficult fight.”  This is precisely why I have been personally advocating for UAFA as a stand- alone Bill to give LGBT couples immigration rights; this is what I am sure Rep Nadler would have preferred. But one man can’t take on all.

I have been in disagreement with the Immigration Equality strategy since June of this year when they failed to pursue UAFA as a stand -alone at the appropriate time.  My earlier articles refer to this in more detail. Hanging around waiting for immigration reform has hurt binationals and the UAFA cause really badly. I pray that this strategy will work in the long run. I cannot wait to eat my words!  I too have had to join this imposed badwagon and have indeed risen to the occaision.  However as an advocate currently helping other binationals in crisis,  on a daily basis, this strategy is not serving us and remains risky and costly.  

I am not sure if the politicians get quite how cruel this lack of law is.  I rue the day when Steve Ralls and Immigration Equality sold out the “equality” in immigration for “immigrant reform.”  They might as well change their name to just that. It may seem like semantics, but it is not, and I fear our time has been lost by this dire distraction.

Even with opposition from Catholic leaders, Ralls said the list of religious groups who support the inclusion of UAFA in immigration reform “is very long and diverse,” and includes Quakers and Episcopalians. Ralls underestimates the Catholic power and did he forget the religious right?  The problem is that the Catholic leaders are now knee deep in our civil life and shoulder deep in immigration matters.

Ralls told DC Agenda  - “If the Conference of Catholic Bishops decides that they’re willing to throw the immigrant community under the bus because of the inclusion of LGBT couples, I think that would be a shame because, at the end of the day, immigration reform can help millions of families — both gay and straight — and that should be Congress’ priority.”  Well duh ….. it would be a shame, but what do you think is going to happen and when did you think people came ahead of zealot agenda and religious ferver seeking a bed in the center of Congress? It will not be seen as the fault of the Church it will be used against us and it will hurt. As the Catholic Church prepares to shoot its devotees in the toe, mostly Latina immigrants, the gay community will be vilified further and there will be a huge rise in Latina vs. gay animosity. 

We do not need it. It is a dire strategy by chosing it we are not bringing our exiles home. Why are you not fighting for the stand-alone based- not on immigration reform but rather based on the question of inequality; what about equality for the American gay  spouse who cannot sponsor a spouse?  Why have you coupled our inequality with immigration reform? It makes no sense to me. Entering the world of religious homophobia – purposefully, thinking that is our answer. We need UAFA as a stand- alone bill and now it may be too late.

When asked whether he would support immigration reform legislation that doesn’t include a UAFA provision, Nadler replied, “I hope it doesn’t come to that.” “All my efforts are designed to make sure it doesn’t come to that, so I’m not going to get into what happens at that point,” he said.

Again I urge my brothers and sisters to pick up the fight – we cannot sit back anymore – we all need to put a story in a card to our Reps.  Keep a look out there will be more to come and soon…

Blogged by melanie nathan,
www.oblogdeeoblogda.wordpress.com
nathan@privatecourts.com
Picture: Rep. Jerrold Nadler & melanie nathan.