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"Don't Ask, Don't Tell" Repeal in FY 2011 Defense Authorization?

The repeal of "Don't Ask, Don't tell" will most likely be an amendment to next year's Defense Authorization, Rep. Barney Frank tells the Washington Blade.

Frank said in an interview with the Blade that repealing the 1993 law barring gays from serving openly in the military would happen as part of the fiscal year 2011 defense authorization bill. 'The House will take up and the Senate will take up ‘Don’t Ask, Don’t Tell’ repeal,' he said. 'That will again, like hate crimes, even more so, will have to be done, I believe, in the context of the defense authorization. You can’t do the standalone bill. It belongs in the defense authorization.' Frank said lawmakers would seek to amend the defense measure to include a provision repealing 'Don’t Ask, Don’t Tell.' Such a move would mimic the way Congress recently enacted the hate crimes measure."

The openly gay congressman tells The Advocate's Kerry Eleveld this has been the "strategy" for overturning the policy all along. That may be news to Pennsylvania Democrat Patrick Murphy whose DADT repeal bill that has 177 co-sponsors. The White House and Senate leadership have not confirmed this strategy.

Frank criticized Senate Majority Whip Dick Durbin (IL), who recently re-suggested that Congress was "too busy" to repeal the "controversial" DADT: "Frank is among the supporters who have asserted Congress would take up repeal in 2010. 'I think that’s a terrible mistake for him to say that and I believe that it will be a great injustice to wait any longer,' Frank said. 'I don’t think he has that option.'"

Hmm. Wonder why Barney randomly dropped this tidbit ...

In related news: The RAND corporation and the University of Florida release a new study which shows support for "Don't Ask, Don't Tell" has declined within the military ranks. "The study surveyed military personnel who had served in Iraq and Afghanistan and found that having a gay or lesbian colleague in their unit had no significant impact on their unit's cohesion or readiness. Just 40 percent of the military members surveyed expressed support for the policy, while 28 percent opposed it and 33 percent were neutral—less support than seen in previous surveys."

House HELP Committee to Begin ENDA Hearings on Wednesday

On Wednesday: The House Education, Labor and Pensions Committee will begin hearings on HR 3017, the trans-inclusive Employment Non-Discrimination Act (ENDA). The chair is Rep. George Miller (D-CA). Rep. Barney Frank is the sponsor and there are currently 159 co-sponsors in the House.

The witness list includes Frank, openly gay Rep. Tammy Baldwin and a transgender woman who was fired from her job when she transitioned. Anti-gay attorney and Christian broadcasting lobbyist Craig Parshall will also testify.

The bill should pass the House but faces a steeper climb in the Senate where there are currently 38 co-sponsors. About 20 more votes are needed. Last month, Senate Majority Leader Harry Reid  said he is "committed" to passing ENDA this Congress.

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"Respect for Marriage Act": 91 Co-Sponsors to Repeal DOMA

Rep. Jerry Nadler (D-NY) introduces the Respect for Marriage Act (RMA), which would overturn the Defense of Marriage Act (DOMA), the 1996 law that prevents the federal government from recognizing same-sex marriages. Nadler was flanked by openly gay Representatives Tammy Baldwin of Wisconsin and Jared Polis of Colorado, and representatives of national and state LGBT advocacy.

In addition to Nadler, Baldwin and Polis, the leading  co-sponsors are John Conyers of Michigan, John Lewis of Georgia, Nydia Velazquez of New York and Barbara Lee of California (seen to the right of Nadler). There are 91 co-sponsors in total. Complete list here.

Nadler calls the RMA  "the first step to overturning the Defense of Marriage Act and sending that ugly law into the history books where it belongs."

The Advocate's Kerry Eleveld covered the Capitol Hill news conference: "Nadler later read a statement from former President Bill Clinton thanking [the sponsors] for introducing the legislation. Clinton signed DOMA into law in 1996. 'Throughout my life I have opposed discrimination of any kind,' Clinton said in the statement. 'When the Defense of Marriage Act was passed, gay couples could not marry anywhere in the United States or the world for that matter. Thirteen years later, the fabric of our country has changed, and so should this policy.'"

In addition to Lee and Conyers, sponsoring members of the Congressional Black Caucus include Alcee Hastings (FL), Yvette Clarke (NY), Donna Edwards (MD), Chaka Fatah (PA) and Jesse Jackson Jr. (IL). The National Black Justice Coalition calls on the entire CBC to support the legislation. Says Deputy Director Jason Bartlett: "As African Americans, we know all too well the injustices that laws such as this impose on our communities and our families. As African Americans, we are sensitive to the federal government trying to define our families. Let us consign the mistakes of the past to history and move forward together. We call on Congress to pass the Respect to Marriage Act as we continue to fight for our civil rights."

The Human Rights Campaign reports the Respect for Marriage Act "would restore the rights of all lawfully married couples—including same-sex couples—to receive the benefits of marriage under federal law. The bill also provides same-sex couples with certainty that federal benefits and protections would flow from a valid marriage celebrated in a state where such marriages are legal, even if a couple moves or travels to another state...rights like Social Security survivors’ benefits, medical leave to care for an ailing spouse and equal treatment under U.S. immigration laws along."

Not present at the news conference was openly Rep. Barney Frank, who says the bill has "zero" chance passage in the near term and believes several federal lawsuits challenging DOMA will be more successful. Nadler disagrees: "Mr. Frank knows better than anyone that our opponents will falsely claim that any DOMA repeal bill 'exports marriage' in an effort to generate fear and misunderstanding. But the dishonest tactics of our opponents should not stop us from aggressively pushing to end this horrific discrimination now. Our bill does not tell any state who it must marry or what marriage it must recognize under state law."

[images via HRC]

Barney Frank Will Not Co-Sponsor Defense of Marriage Act Repeal

Later today, New York Congressman Jerry Nadler will introduce legislation to repeal the Defense of Marriage Act, the 1996 law that prevents the federal government from recognizing same-sex marriages. Rep. Barney Frank, the longest-serving openly gay member of Congress, is not a co-sponsor of the bill because he has a "strategic difference" with its proponents, reports the Washington Blade.

"'It's not anything that's achievable in the near term,' he said. 'I think getting [the Employment Non-Discrimination Act], a repeal of 'Don't Ask, Don't Tell,' and full domestic partner benefits for federal employees will take up all of what we can do and maybe more in this Congress.' Frank also said that advocacy for the 'certainty provision,' as described by Nadler, would create 'political problems' in Congress. ... Frank said the Gay & Lesbian Advocates & Defenders lawsuit against DOMA, Gill v. Office of Personnel Management, stands a better shot of overturning DOMA than congressional action. The lawsuit specifically targets the portion of DOMA that prevents the federal government from recognizing same-sex marriages. 'That's very thoughtful, very well done,' Frank said. 'That's the way we'll win this.' "

The so-called "certainty provision" allows the portability of benefits. 

Frank is correct: A legislative DOMA repeal is not achievable in the short-term. But the congressional repeal and the DOMA lawsuits—which have a strong chance at a favorable ruling—should not be mutually exclusive and it's important to build momentum. Not sure how "strategic" it is for the legislative branch to assume a lawsuit will succeed in the judicial branch.

WATCH: Obama Addresses Congress on Health Care Reform

President Barack Obama offered his most detailed outline for legislation, calling for a compromise that he said would improve medical insurance for Americans who have it and make it affordable for those who do not. The transcript is here.

"The time for bickering is over," the President told the joint session of Congress. The time for games has passed. Now is the season for action. Now is when we must bring the best ideas of both parties together, and show the American people that we can still do what we were sent here to do. Now is the time to deliver on health care."

All Americans would be mandated under law to have health insurance in the proposal. A public option was floated as only for those currently without insurance, expected to apply to "less than 5% of Americans." Obama called the scaled-down provision "one alternative".

In an emotional conclusion, Obama invoked the late Sen. Edward Kennedy, a leading advocate of health care reform until his death last month, by citing a letter in which the senator called providing health care to all Americans "above all a moral issue."

Watch Rachel Maddow and Barney Frank discuss the speech, WHEN YOU JUMP. Also watch the President discuss the public option and the health care reform goals outlined in his address.

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News: Kennedy, Gina Gershon, Adoption, Abercrombie and Fitch

· The lifeguards of Santa Monica. Are you feeling safer already?

· Florida's gay adoption ban in appeals court.

· "Destiny's Child" Michelle Williams extends run as Roxie Hart in London production of Chicago. 

· TIME asks, "Is Abercrombie and Fitch the world's worst recession brand? The upscale teen retailer has suffered 10 straight months of double-digit same-store-sales declines. In the second quarter of 2009 alone, sales were down an eye-popping 30% across the company's three name outlets.'Abercrombie has mismanaged this economic downturn more than any other retailer.'"

· Gina Gershon on playing Bye Bye Birdie’s Rosie, the iconic role originated in 1960 by Chita Rivera: "If one more person says, ‘Oh, my God, how do you do Chita Rivera? ’The answer is, I can’t. I’d have an easier time being Harvey Fierstein."

 · Anti-gay groups such as the National Organization for Marriage now focus their energy on Iowa: "NOW has launched the Reclaim Iowa Project, targeting legislative races in the state in an effort to elect candidates who support putting the issue of gay marriage before voters. Even if NOW is successful in the Iowa House race, the state's political landscape will make it years before Iowa's gay marriage law could be changed."

· Kennedy: Obama issues executive order that flags be flown at half-mast until Sunday. LGBT leaders and legal analysts on the Kennedy legacy. Barney Frank will not run for Kennedy's vacant seat. The senator's work on ENDA.

· The New York Times recounts Senator Ted Kennedy's final days: "The once-indefatigable Ted Kennedy was in a wheelchair at the end, struggling to speak and sapped of his energy. But from the time his brain cancer was diagnosed 15 months ago, he spoke of having a 'good ending for myself,' in whatever time he had left, and by every account, he did. As recently as a few days ago, Mr. Kennedy was still digging into big bowls of mocha chip and butter crunch ice creams, all smushed together (as he liked it). He and his wife, Vicki, had been watching every James Bond movie and episode of 24 on DVD."

Barney Frank Confronts Woman Who Compares Obama to Hitler

A deranged Lyndon Larouche acolyte at a Dartmouth, MA town hall meeting "holding a sign with President Obama altered to look like Hitler" asked Rep. Barney Frank why he supports the president's "Nazi policy" on health care reform. Frank responded to much applause: "On what planet do you spend most of your time?"

The Massachusetts Democrat called the Nazi comparison "vile, contemptible nonsense" and dismissed the nutty teabagger: "Trying to have a conversation with you would be like trying to argue with a dining room table. I have no interest in doing it."

Watch it, WHEN YOU JUMP. Right-wingers accusing progressives of being fascists? Getthefckouutahere. Finally a congressmen puts his foot up someone's you-know-what.

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SIXTY Members of Congress to Sebelius: No Public Option, No Bill

No public option, no health care "reform". Jane Hamsher at Firedoglake reports 60 House Democrats—led by Congressional Black Caucus Chair Rep. Barbara Lee (CA) and Rep. Lynn Woolsey (CA)—sent a letter to Health and Human Services Secretary Kathleen Sebelius last night, drawing a line in the sand and "making it crystal clear that if there is no public plan coming out of a conference bill, they won't vote for it."

The letter reads in part: "To take the public option off the table would be a grave error; passage in the House of Representatives depends upon inclusion of it.  .. Any legislation that moves forward through both chambers, and into a final proposal for the President's signature, MUST contain a public option."

Signatories include Barney Frank (MA), the powerful gay Banking Committee chair, and strong Congressional Black Caucus LGBT allies such as Sheila Jackson Lee (TX), John Conyers (MI), Alcee Hastings (FL), Maxine Waters (CA), Keith Ellison (MN), Andre Carson (IN) and Emmanuel Cleaver (MO). Is your representative on the list?

Sixty members signed the letter but Rep. Anthony Weiner puts the actual number at "probably around 100."

In related news: Within the last few hours President Obama and Secretary Sebelius have attempted to distance themselves from their weekend remarks where both said a public option is "no longer essential" for health insurance "reform". "Everyone thought the progressives could be taken for granted," writes Joe Sudbay at AMERICAblog. "They can't be."

Memo to the White House: At some point, you have to dance with the people who brought you to the party.

UPDATE: Hamsher is on Rachel Maddow right now discussing this. Will post video when available.

33 Congressmen Press for Benefits for Gay United Nations Employees

At least 33 members of Congress, lead by South Florida Republican and gay rights ally Rep. Ileana Ros-Lehtinen, have delivered a letter to United Nations Ambassador Susan Rice pressing for LGBT benefits for employees at the United Nations.

The August 6 letter is a follow-up to President Barack Obama's June 17th memorandum to grant limited federal benefits to same-sex partners of federal employees and Secretary of State Hillary Clinton's earlier decision to do the same with partners of diplomatic employees. The letter (PDF) reads in part: "We are both heartened and inspired by President Obama's strong commitment to LGBT equality and decision top issue this Presidential Memorandum. ...We wholeheartedly agree with Secretary of State Clinton when she said of policy changes at the Department of State: 'It's the right thing to do.'"

Current internal United Nations policy on same-sex partner benefits defers to the Permanent Mission of the country of origin. Reportedly the UN  has forwarded at least one request to Ambassador Rice to grant benefits to the same-sex partner of an employee.

The letter was signed 33 members of Congress. The signatories include openly gay Reps. Barney Frank (D-MA), Jared Polis (D-CO) and Tammy Baldwin (D-WI), Henry Waxman (D-CA) aand Yvette Clarke (D-NY) and the entire South Florida delegation Ros-Lehtinen (R), Debbie Wasserman Schultz (D), Robert Wexler(D) and Alcee Hastings (D). Hastings is pressing the Obama Administration to end investigations of  "Don't Ask, Don't Tell" violations and says he was pressured to withdrawal an amendment that would have de-funded the Pentagon's DADT investigations.

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Alcee Hastings and 76 Congressmen Call for End to DADT Investigations

Seventy-seven congressmen, led by Florida Democratic Rep. Alcee Hastings, have sent a letter to President Barack Obama urging him "to take immediate action" and stop investigations of  "Don't Ask, Don't Tell" violations, reports The Advocate. The new strategy calls for immediate executive action, followed by legislative repeal of  DADT. . 

"'It is a presidential moratorium, it is a significant presidential action, but it's not an executive order,' said Christopher Neff, political director at the Palm Center, a research institute at University of California, Santa Barbara. 'They basically want the military to disregard anyone who 'tells' [of someone's sexuality] as long as there isn't a [Uniform Code of Military Justice] violation or something criminal.' Neff called the move by congressional members 'gutsy'. 'Having 77 members step up sends a strong message that there is movement on this issue and that it doesn't have to wait three years for a bill to pass Congress,' Neff said."

Last week the Senate Majority "Leader" Harry Reid said he wanted the House to move on a filed in March. That bill, sponsored by California's outgoing Rep. Ellen Tauscher, has 144 bipartisan sponsors. This latest move punts the issue to the White House—for now.

AFTER THE JUMP, the full text of the letter complete with signatories. It can also be viewed on Rep. Hastings' website. Reps. John Conyers (D-MI), Keith Ellison (D-MN), Barbara Lee (D-CA) and many members of the Congressional Black Caucus are signatories. (Well, not everyone.) Did your representative sign the letter?