VIDEO: Gay Marriage Measure Clears Senate Panel
Thursday, November 10, 2011 at 2:39PMBy Andrea Salazar
Hill lawmakers are once again at odds, this time over a bill Democrats are pushing that would repeal the Defense of Marriage Act.
Unlike DOMA, which defines marriage on a federal level as being between one man and one woman, the Respect for Marriage Act recognizes a state’s right to allow gay marriage. Six states currently allow same-sex marriage: Vermont, Massachusetts, Iowa, Connecticut, New York and New Hampshire.
The bill passed the Senate Judiciary Committee Thursday in a 10-8 party line vote.
Sen. Dianne Feinstein (D-Calif.), who sponsored the bill, called DOMA “discriminatory.”
“DOMA prevents people legally married in a state to get the same federal rights and benefits that a heterosexual couple would get,” she told reporters. “It treats one class differently from another class.”
Republicans have cited moral reasons in their defense of DOMA, but today Sen. John Cornyn (R-Texas) made a new argument; that repealing the law would cost the government too much money.
“No one has paid into the Social Security system expecting benefits to be paid to same-sex partners, and it would be unfair for state laws to determine the eligibility for social security survival benefits, which are a federal benefit,” Cornyn said during the committee’s meeting this morning.
The bill now heads for an uncertain vote in the Senate. Regardless of what the upper chamber does, the measure will likely die in the Republican-led House, where conservative GOP leaders strongly support DOMA.
Obama Will Grant Limited Benefits To Same-Sex Couples
President Obama will sign a memorandum on June 17th granting limited federal benefits to same-sex couples, and requesting that the Office of Personnel Management issue guidance within 90 days preventing discrimination against federal employees based on factors other than job performance.
John Berry, Director of the U.S. Office of Personnel Management and the highest-ranking openly gay member of the Obama administration, said that he and the Secretary of State have “conducted internal reviews to determine whether the benefits they administer may be extended to the same-sex partners of federal employees within the confines of DOMA [Defense of Marriage Act].”
These benefits will not include health insurance, survivor or retirement benefits, or any other benefits outlawed by the Defense of Marriage Act. The Obama administration recently defended DOMA using arguments and language condemned by the ACLU, the Human Rights Campaign, Lambda Legal, and other advocates for LGBT rights. Obama has promised to repeal DOMA if the appropriate legislation reaches his desk.
The benefits granted to civil-service employees will include long-term care insurance and sick leave to care for ailing partners. Foreign service employees and their partners will gain the use of medical facilities, medical evaluations from abroad, and consideration of family size in housing units. The memorandum also requests that the heads of executive departments and agencies conduct an internal review to locate other benefits that may be legally extended to same-sex couples.
The Clinton administration issued guidance requiring that many executive agencies grant some of the benefits identified in Obama’s memorandum. Berry said these benefits thus far have been “subject to the whim of a supervisor.” Berry said that “what the president is doing today is making this no longer optional; he is making it mandatory and is making it clear that this is now the policy of the federal government.”
Within 90 days, the OPM will issue guidance regarding civil service laws that make it illegal to discriminate against federal employees for reasons other than job performance. Berry said this guidance will not impact "Don’t Ask, Don’t Tell," a law that prevents openly gay people from serving in the military.
“This is a first step, not a final step,” said Berry.