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Sen. Kirsten Gillibrand

Sen. Kirsten Gillibrand

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The Next Step Toward Equality: Repealing DOMA

Posted: 03/ 1/11 01:40 PM ET

The past year truly has been a landmark year in the fight for equality for LGBT Americans. Not only did Congress finally repeal the corrosive and immoral "Don't Ask Don't Tell" policy, but we won some important battles in the fight to allow every loving couple the opportunity to marry.

First, New Hampshire and Washington, DC began issuing marriage licenses to same sex couples; then a federal court found provisions of the so-called Defense of Marriage Act (or DOMA) unconstitutional; and now, just last week, President Obama and the Justice Department announced that they would no longer defend Section 3 of DOMA in court.

Prior to this announcement, I was working with colleagues and advocates to encourage this move and I applaud the President's decision, but the fact is that DOMA will continue to be enforced until Congress repeals it legislatively. Achieving marriage equality is a top priority of mine and I believe that repeal of DOMA is a crucial step toward that goal.

I hope you'll join me in this fight at repealDOMA.com.

We must repeal this discriminatory law. There is no reason same-sex couples should be denied the same rights that my husband and I and so many other straight Americans enjoy. For me it comes down to the very simple principles that every American should be able to marry the person they love, and that discrimination against LGBT Americans is unconstitutional and wrong.

The law as it currently stands denies federal benefits to thousands of legally married couples -- more than 1,100 federal rights and privileges enjoyed by straight couples, including hospital visitation, inheritance and some health care benefits. It discourages states from recognizing these legal marriages and it denies millions more Americans the right to marry the person they love.

This is wrong.

Senator Feinstein has announced she will introduce repeal legislation in the US Senate and Rep. Nadler will do the same in the House. I look forward to supporting their efforts and helping lead the way in this battle. Despite the fact that Republicans control the House, it's crucial that we begin the debate now.

So please join me at repealDOMA.com. And if you've been affected by DOMA, please share your story with us. As with DADT, personalizing this fight will be the key to winning it.

Thanks for your ongoing support in our battle for LGBT equality.

 

Follow Sen. Kirsten Gillibrand on Twitter: www.twitter.com/SenGillibrand

 
 
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03:04 PM on 03/14/2011
Ironically there is a conservative argument for repealing Section 3 of DOMA - states rights. In the mean time the uncertainity allow same sex married couples on the whole to pay less in taxes.

http://riles52.blogspot.com/2011/03/congress-provides-subsidy-to-gay.html
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Bill Donius
Writer and Community Volunteer
11:23 PM on 03/06/2011
Amen! Bravo Senator. There seems to be confusion amongst some about the meaning of the equal protection clause in the Constitution. Equal means Equal.

My take on the issue:
http://www.huffingtonpost.com/bill-donius/doma-for-dummies_b_830228.html
05:42 PM on 03/06/2011
Couples who might benefit from DOMA being unconstitutional need to file refund claims before statute of limitations expires.

http://riles52.blogspot.com/2011/02/amended-returns-due-to-doma-case-what.html
06:54 PM on 03/03/2011
Senator Gillibrand, you are a true hero. I've enjoyed hearing you speak several times, and I've yet to disagree with anything you've had to say. If you ever tire of living in the Great State of New York, please don't hesitate to consider migrating to North Carolina and running for office here. You are an asset to New York and an asset to the Senate, and even we non-Nwe Yorkers appreciate everything you do.
05:47 PM on 03/05/2011
I'm a North Carolinian here too... and the state's about to try passing a constitutional amendment to ban same-sex marriage. Please send us as many pro-equality New Yorkers as you can spare!
05:16 PM on 03/03/2011
Sorry, I disagree. I will watch your response and rate just how "accepting" and "embracing" a community you actually are. You talk the talk, but very, very few of you walk the walk. I will bet just about anything that someone here will denigrate me for daring to be different from them. They have done it before and will do it again -- totally oblivious to their total hypocrisy!

I support the rights of LGBT people to express themselves and live peacefully to themselves, as long as they do not feel free to IMPOSE THEIR VALUES upon me and my children. Once you cross that line, I fight for my right to express my feelings as freely as any of you do, because as many of you have pointed out again and again, EVERYONE'S feelings (including mine) have validity. But the understanding here is only window dressing. The bigotry here is worse than the most die hard Gay Basher out there. They, for the most part, admit their, bigotry. Yours is as bad, and you refuse to admit anything! So I teach my children how to spot a hypocrite at a young age. It is refreshing to see how easy it is for them to see how ugly you can all be, whitewashing your faults and pointing fingers at EVERYONE else. If there is one truth to be learned, it is that the ones screaming the loudest are often the most guilty! And children catch on quick!
08:45 PM on 03/04/2011
How does legalizing gay marriage impose any values on you or your children? No one is going to force you to divorce and get gay married. Where's the bigotry? You mention the word a lot but fail to explain how it applies here.

Also, isn't supporting a ban on gay marriage imposing your values on other people? Who's the hypocrite now?
12:44 PM on 03/14/2011
Thanks. I knew I could count on someone to be the Jackbooted Supporter who could not resist!

Legalizing gay marriage imposes values very simply by the validation of the concept that gay marriage is *exactly* equivalent of heterosexual marriage. Most of the Gay Community DEMANDS such validation! Such validation is INDEED something that pushes values. Sorry, but even if Gay Marriages are "called" equal under the Law, I will FOREVER call them exactly what they are: GAY Marriages. I will not simply call them Marriages. THAT is something the First Amendment SHOULD Preserve for me: My ability to speak plainly and clearly of the Truth as I see it.

You're correct in the second point in the first sentence. I am imposing my values. My values are that Gay Marriage is NOT EXACTLY the same as Heterosexual Marriage. If you want to say they are similar, I don't argue that point. You say the differences are esoteric. I say they are fundemantal. IF there TRUELY are no differences, then your second point would be valid. However, in order to call me a hypocrite, you must establish that there is ABSOLUTELY NO difference at all. Biological facts don't support you there.

Call it a Civil Union, as opposed to a Marriage, and you have less resistance from me. At that point, it becomes my values versus your values, and I can not speak against it as forcefully. This is not just semantics, otherwise why should YOU care?
03:36 PM on 03/03/2011
Couples who might benefit from DOMA being unconstitutional need to file amended returns before statute of limitations expires. 2007 may expire next month

http://riles52.blogspot.com/2011/02/amended-returns-due-to-doma-case-what.html
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lisalulu
I stand for Planned Parenthood.
03:15 PM on 03/02/2011
Do all the GOP Merry-go-round candidates favor or not favor DOMA? Probably easier to ask do any of them support the repeal?
09:41 PM on 03/02/2011
NOMBlog has a rundown of their reactions at post 5325 ( nomblog.com/5325/ )

They're varied. It's not like DOMA is good if you oppose SSM, as it does allow gay marriage after all. I'd say it was essential in order for states to implement SSM. Without it there'd be an FMA by now for sure.
09:47 PM on 03/02/2011
I have been advocating repealing DOMA and replacing it with a law to recognize state civil unions as marriage for federal purposes, as long as the state civil unions are defined as "marriage minus conception rights". Congress should also protect the conception rights of marriage and prohibit same-sex conception. Then CUs could be enacted in lots more states, which would be much better for same sex couples everywhere.
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talkstocoyotes
12:11 PM on 03/04/2011
Sorry, too late with that. Jim Crow laws were repealed a few generations ago.
02:34 PM on 03/02/2011
"The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
-James Madison, Federalist No. 45 (January 26, 1788)
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lisalulu
I stand for Planned Parenthood.
03:14 PM on 03/02/2011
The 10th Amendment is often referred to the "Health Safety & Welfare" powers of the States.

So while a state can define marriage as a proper exercise of state power it cannot do so in a manner that is discriminatory as we see in Prop 8.
07:08 PM on 03/02/2011
Sure they can...the Supreme Court has previously ruled on several occasions that they can...

Here's just one instance of it:

"Minor v. Happersett, 88 U.S. 162 (1875), was a United States Supreme Court case appealed from the Supreme Court of Missouri concerning the Missouri law which ordained "Every male citizen of the United States shall be entitled to vote."

Virginia Minor, a leader of the women's suffrage movement in Missouri, alleged that the refusal of Reese Happersett, a Missouri state registrar, to allow her to register to vote was an infringement of her civil rights under the Fourteenth Amendment.

The Supreme Court of Missouri upheld the Missouri voting legislation saying that the limitation of suffrage to male citizens was not an infringement of Minor's rights under the Fourteenth Amendment.

The United States Supreme Court affirmed and upheld the lower court's ruling on the basis that the Fourteenth Amendment does not add to the privileges or immunities of a citizen, and that historically "citizen" and "eligible voter" have not been synonymous."
http://en.wikipedia.org/wiki/Minor_v._Happersett
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beverlyg
01:06 PM on 03/02/2011
It"s impossible to carry out marriage without the necessary organs to create human beings in their respective places. It is implausible that the nation's founders could even have thought that gay marriage is a right. If our country ever provides that right, we will be on the path to idiocy. Maybe we can legislate that fiscal deficits are really surpluses!
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Coloradem
Christian, Gay, Democrat
01:24 PM on 03/02/2011
Following your argument to its logical extension, those who are physically unable to reproduce should not be permitted to marry and those who become unable to reproduce due to age or physical impairment should be forcibly divorced.

Furthermore, our founders could only imagine an African Americans or women in houses of government as servants...welcome to the 21st century.
01:44 PM on 03/02/2011
I'm with you, all marriages reach that nonfunctioning organs stage at which point these marriages must be disolved by the above (bever-ly-g's) comment.

But, you know those vows, "I take thee to have and to hold all the approved parts, that function to make babies until that function doth depart and theirwith get a new thee to hold", are hard to break and do away with as our dear forefathers have laid down in der constitution.

I suggest passing a law that taxes non-baby marriages higher by forcing individual returns until a properly approved by their own special organs produced baby lands in that marriage, which of course would then make it a marriage. Before that it would be impossible to be called married.
12:55 AM on 03/03/2011
fanned!!!
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lisalulu
I stand for Planned Parenthood.
03:18 PM on 03/02/2011
Its not a right per se - its freedom from coercion, oppression and denial of benefits granted to all people.
Freedom from is just as important as an express right. There is no right of privacy expressly stated in the constitution but privacy is protected in the realm of private relations and reproductive health. Its called "substantive due process".
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PhilipB
12:56 PM on 03/02/2011
Thank you, Senator!
11:53 AM on 03/02/2011
Sorry Kirsten, but the citizens rule themselves in America, and the majority of them do not agree that DOMA must be repealed. It is the law, and it will be on the books until the citizens are convinced that it should go.
12:11 PM on 03/02/2011
Guess the concept of equal rights and treatment under the law for all taxpaying American citizens doesn't work all that well for those folks who really really really are enjoying all those special rights that the government bestows upon heterosexual married couples while denying those same rights to legally married same sex couples.
12:25 PM on 03/02/2011
The majority of them are in the wrong then. The rest of us don't need to see that everyone else agrees to know were right - discrimination is wrong and acts like DOMA are prejudicial. It was wrong when we treated black people differently, it was wrong when we treated woman differently, and it's now wrong that we're treating gay people differently. You can't justify this discrimination.
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Coloradem
Christian, Gay, Democrat
11:33 AM on 03/02/2011
Thanks for bringing this up Sen. Gillibrand.

I think gays and our supporters would be naive to ignore the fact that this issue was completely ignored by you and your fellow democrats when you controlled both houses of congress and could have actaully had success in repealing DOMA (and passing ENDA, since we are on the topic of LGBT equality) instead of simply having a talking point.

This is one gay voter who is growing tired of having our issues being only a talking point for Democrats instead of an action item.
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practiceempathy
Tolerance need not yield to willful ignorance.
12:25 PM on 03/02/2011
The only reason DADT was aggressively repealed in the last hours of 2010 was because the Democrats knew full well that if it didn't get repealed their base support would be sunk. It wasn't repealed as an issue of integrity and national character.
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Coloradem
Christian, Gay, Democrat
01:12 PM on 03/02/2011
Precisely. I have made a pledge that I will not vote for any incumbent Democrat for federal office until DOMA is no longer the law of the land (I'm not picky...it can be invalidated judically or legislatively) and ENDA is the law of the land. They can't find the time to pass legislation on my behalf, I can't be bothered to give them my vote...

It really is unfortunate that they let two years go by without taking full advantage of their legislative majorities...but they did, which really makes me think they don't truly want legislation...they want talking points.
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lisalulu
I stand for Planned Parenthood.
11:22 AM on 03/02/2011
Thank you Democratic Senator Kirsten Gillibrand. We know you have a lot on your plate but thank you for supporting all gay rights.
09:38 AM on 03/02/2011
When are we going to get over these trivial issues and focus on those that are really important to the survival of the earth as we know it? We spend so much energy on these kind of moral issues and ignore the destruction of our environment. We need to redefine or eliminate "marriage". It is a religious tenant and should be left our moral leadership, church people, not the government. Government needs to deal with action, not belief. It is illegal to steal, not think about it. Any laws related to the issue of sexual preferanct should be centered on the rights of children that issue from unions of humans. Partners, same sex or otherwise, should legally be viewed as individuals and dealt with accordingly.
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Contact1972
BigGayInc
09:48 AM on 03/02/2011
I agree that we have to focus on the environment but fighting for equality under the law is NOT trivial.GLBT tax paying Americans are denied over 1100 Federal rights and benefits. Not trivial, not at all.
10:06 AM on 03/02/2011
I agree. I voted and donated to Gillibrands campaign, but with a showdown over collective bargaining happening as we speak, this is the PR piece she puts out at THIS TIME? A big conflict is occuring that defines the democratic party... but we urgently need to start debating DOMA with during GOP control of the house today? The fact that mostly Ed Shulz and not our political leaders are speaking out against Walker's tactics is very peeving to me.
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FTracy3
My micro-bio is as empty as the rest of my life.
09:01 AM on 03/02/2011
You don't really need to repeal laws that the president won't enforce. Actually you're right, that's the proper way to go about it. I fear we're going to get a Republican president who will refuse to enforce laws he/she disagrees with. What's good for the goose...
09:42 AM on 03/02/2011
Vocabulary lesson once again for the little children. "Enforce" and "defend" have two completely different meanings. The law is still active. The government is still ENFORCING the law. Same sex marriages are not recognised by the federal government and as long as DOMA stays on the books that will remain the same. Only a repeal from Congress or a striking down by the courts can stop a law from being ENFORCED.

The administration has decided not to spend any more time or money IN COURT on this issue. Thats all.
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FTracy3
My micro-bio is as empty as the rest of my life.
10:02 AM on 03/02/2011
You know, it is sometimes possible to make a cogent argument without a snide and condescending insult to start it off. Now excuse me, gotta catch up on Sesame Street.
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09:48 AM on 03/02/2011
You seem to be getting confused with the two terms...Obama will be enforcing the law as it should be be until its repeal by Congress or the courts, he just won't be defending it in legal battles because he no longer thinks it's in good faith to defend something he and his administration believes to be unconstitutional.
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FTracy3
My micro-bio is as empty as the rest of my life.
10:00 AM on 03/02/2011
Thanks for a response that argues the issue instead of starting off with an insult (see schnauzergirl).