DOMA:The Sinking Ship


From: The Progress Report  …

Lesbian, gay, bisexual, and transgender activists have resigned themselves to not seeing any substantial legislative progress toward equality while Republicans control the House of Representatives. Nevertheless, it has never been more apparent how the times have changed in the two decades since laws like the Defense of Marriage Act (DOMA) and Don’t Ask, Don’t Tell (DADT) passed, both of which were actually seen as progress at the time. DOMA, some argued, at least allowed for individual states to legalize marriage for same-sex couples (as some since have), and DADT at least allowed gays, lesbians, and bisexuals to serve in the military, just so long as nobody knew who they were. It’s now been 15 years since the DOMA boat set sail, but its titanic barriers to equality are slowly sinking. In the meantime, same-sex couples are still struggling to make due without the federal protections marriage provides, while conservatives try every trick they know to keep inequality on the books.

LOST AT SEA: Though DOMA blocks 1,138 federal marriage benefits from same-sex couples, there is one in particular that’s particularly hard on some couples: not having the right to sponsor a foreign-born partner for residency. Immigration Equality estimates there are 36,000 same-sex binational couples living in the U.S., 45 percent of whom are raising children. Because of DOMA, any couple not protected by employment sponsorship is at risk of being separated by deportation. The Gay & Lesbian Advocates & Defenders (GLAD) legal group actually warns these couples not to get married (PDF) as doing so may expose the foreign-born partner’s status and lead to deportation. In the wake of the President’s decision that DOMA is unconstitutional and should not be defended, the Department of Justice has twice suggested it might halt deportations, only to then reassert that deportations will continue. The first occasion was in March, when Citizenship and Immigration Services announced they would suspend the cases of married gay couples, but announced the following day that nothing had changed. Then, last week, Attorny General Eric Holder vacated a case, asking the Board of Immigration Appeals to reconsider it outside the context of DOMA. Again, hopes were raised, and a judge in Newark, New Jersey actually adjourned in a different case on Friday to give that couple an extra six months. On Saturday, however, the DOJ reaffirmed that deportations are still underway. Two proposed bills, the Uniting American Families Act (UAFA) and Reuniting Families Act (RFA), would protect same-sex couples from deportation, but the demise of DOMA would likely eliminate the disparities entirely.

PLUGGING THE LEAKS: As the DOJ chips away at DOMA and the military works toward certification of repeal of DADT, conservatives at both the state and federal levels are trying to halt the flow of equality in any way they can (in addition to the House’s radically expensive plan to defend DOMA). This week, Rep. Todd Akin (R-MO) will introduce an amendment to the Defense Authorization Act to prevent Navy bases from performing marriages for same-sex couples after DADT is lifted, even in states where those marriages are legal. He claims that “federal property and federal employees, like Navy chaplains, should not be used to perform marriages that are not recognized by federal law.” Rep. Duncan Hunter (R-CA) is going a step further, introducing the second of many expected bills and amendments intended to derail the DADT repeal process. General George Casey opposed a similar move by Hunter in January. Meanwhile, Republican-controlled states like Pennsylvania and Minnesota are following Indiana’s lead by considering constitutional amendments banning same-sex marriage even though both states already prohibit same-sex marriage by law. In fact, the religious right is ramping up an extensive new multi-million dollar campaign called “Ignite An Enduring Cultural Transformation” that will push for anti-LGBT measures in states up through the 2012 election. But times have changed even since 2004, and it’s unlikely conservatives will have the same success using same-sex marriage as a wedge issue as they did then.

THE RISING TIDE: For the first time ever, opposing LGBT equality is the unpopular position in American politics. Polls have been consistently showing majority support for marriage equality, just as they showed overwhelming support for repealing DADT last fall. Target and Chik-Fil-A have gotten incredible pressure from LGBT activists for their support of anti-gay candidates and groups. Law firm King & Spalding backed out of their defense of DOMA after clients and employees voiced their dissent. Olympic gold medalist Peter Vidmar had to step down from his appointment as chef de mission for the 2012 U.S. Olympic team because of his support for Proposition 8, California’s rollback of marriage equality. Graduates of the University of Michigan Law School walked out of their own commencement ceremony this weekend to protest the anti-gay voting record of the guest speaker, Sen. Rob Portman (R-OH). Despite the clear growing unpopularity of anti-gay positions, almost every GOP presidential candidate has towed the party line in maintaining them. Romney, Bachmann, Gingrich, Santorum, Pawlenty, Trump, Paul and others have all defended DOMA and come out against LGBT equality in other ways. The only exception is Fred Karger, who is actually making history as the first-ever openly gay presidential candidate, though the national stage has not given him much attention. Hopefully the history books look upon Karger kindly as the first Republican candidate to step out of the shadow of the religious right and join the Zeitgeist in embracing LGBT equality

Greenpeace


One year later and Congress has learned nothing.

Instead of making it harder for oil companies like Shell to drill in the icy waters of the Arctic Ocean, the House of Representatives just voted to make it easier. If this legislation becomes law, the oil industry will be even less regulated now than it was a year ago before the BP disaster in the Gulf of Mexico.

And to make matters worse, Shell already gets millions in subsidies every year from the U.S. government. In fact, last year Shell paid effectively no taxes at all to the U.S. government. Congress is giving them more incentive to take unacceptable risks with our national treasures. It’s time to put a end to this dangerous game. We have a chance to do just that.

As soon as tomorrow, Congress will be voting on a bill that would cut billions of dollars worth of subsidies to oil companies like Shell. But the industry and their friends in Washington are currently doing everything they can to stop that from happening. That’s why you need to speak up and send a message to your members of Congress.

www.greenpeaceusa.org

Congress needs to hear your voice. Ask your members of Congress to put an end to government subsidies to the oil industry now.

Shell just submitted plans to drill up to ten new wells in Alaska’s Arctic Ocean over the next two years using the same faulty technology that BP uses in the Gulf. But Shell’s plans in the shallow waters of the Arctic are even more dangerous than BP’s are in the Gulf and run a higher risk of blowouts, according to government data.

Shell isn’t prepared for a disaster in the Arctic Ocean. No one is. It’s a known fact that there’s no way to effectively clean up an oil spill in the Arctic’s harsh conditions. All they care about is their corporate bottom line.

Congress should be fighting for you. It’s your money and it’s our land. The vote could be happening as soon as tomorrow. Contact your members of Congress today and ask them to put an end to government subsidies to the oil industry before it’s too late.

www.greenpeaceusa.org

Sincerely,

Melanie Duchin

Greenpeace Arctic Campaigner

what’s going on in Congress: the Republican led House -the Senate


The Senate Convenes at 10:00amET May 10, 2011

Following any leader remarks, the Senate will be in a period of morning business for debate only until 5:00pm with Senators permitted to speak therein for up to 10 minutes each, with the first hour equally divided and controlled between the two Leaders or their designees, with the Majority controlling the first 30 minutes and the Republicans controlling the next 30 minutes.

The Senate will recess from 12:30pm until 2:15pm for the weekly caucus meetings.

At 2:15pm, the Senate will proceed to Executive Session to consider Calendar #61, the nomination of Edward Milton Chen, of CA, to be US District Judge for the Northern District of California.

There will be 3 hours of debate on the Chen nomination, with the time equally divided and controlled between Senators Leahy and Grassley or their designees. Upon the use or yielding back of time (approximately 5:15pm), the Senate will proceed to a roll call vote on confirmation of the Chen nomination.

There will be no further roll call votes today.

Votes:

68: Confirmation of the nomination of Edward Milton Chen, of CA, to be US District Judge for the Northern District of California;

Confirmed: 56-42.

Unanimous Consent:

adopted S.Con.Res.16, authorizing the use of Emancipation Hall in the CVC for an event to celebrate the birthday of King Kamehameha

adopted S.Res.178, expressing support for the designation of May1, 2011, as “Silver Star Service Banner Day”.

 

~~~~~~~~~~~~~~~~~~~~~~~

CURRENT HOUSE FLOOR PROCEEDINGS

LEGISLATIVE DAY OF MAY 10, 2011

112TH CONGRESS – FIRST SESSION

7:52 P.M. – SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.

H.R. 1229: to amend the Outer Continental Shelf Lands Act to facilitate the safe and timely production of American energy resources from the Gulf of Mexico

7:51 P.M. – Committee of the Whole House on the state of the Union rises leaving H.R. 1229 as unfinished business.

7:50 P.M. – On motion that the Committee rise Agreed to by voice vote.

Mr. Lamborn moved that the Committee rise.

POSTPONED PROCEEDINGS – At the conclusion of debate on the Hastings (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hastings (FL) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

7:44 P.M. – DEBATE – Pursuant to the provisions of H. Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 11.

Amendment offered by Mr. Hastings (FL).

An amendment numbered 11 printed in Part A of House Report 112-73 to strike section 207 of the bill which pertains to limitations on attorneys’ fees.

7:43 P.M. – On agreeing to the Hastings (FL) amendment Failed by voice vote.

7:36 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 10.

Amendment offered by Mr. Hastings (FL).

An amendment numbered 8 printed in Part A of House Report 112-73 to amend bill to emphasize quality of court decisions instead of speed of court decisions.

7:35 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Deutch amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Deutch demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

7:24 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Deutch amendment.

Amendment offered by Mr. Deutch.

An amendment numbered 9 printed in Part A of House Report 112-73 to strike section 202 of H.R. 1229, so that states outside of the 5th Circuit can have their courts hear civil actions relating to energy projects in the Gulf of Mexico.

7:23 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Hastings (FL) amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Hastings (FL) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

7:16 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 8.

Amendment offered by Mr. Hastings (FL).

An amendment numbered 8 printed in Part A of House Report 112-73 to require a detailed description of the extent to which and by when any oil found on the leased property will decrease the price of crude oil and at the pump for hardworking Americans.

7:15 P.M. – The House resolved into Committee of the Whole House on the state of the Union for further consideration.

7:14 P.M. – Considered as unfinished business.

7:13 P.M. – Mr. Bishop (UT) filed a report from the Committee on Rules on H. Res. 257.

H.R. 1229: to amend the Outer Continental Shelf Lands Act to facilitate the safe and timely production of American energy resources from the Gulf of Mexico

7:12 P.M. – Committee of the Whole House on the state of the Union rises leaving H.R. 1229 as unfinished business.

On motion that the Committee rise Agreed to by voice vote.

Mr. Bishop (UT) moved that the Committee rise.

7:11 P.M. – On agreeing to the Markey amendment Failed by recorded vote: 176 – 237 (Roll no. 301).

7:04 P.M. – On agreeing to the Garamendi amendment Failed by recorded vote: 169 – 240 (Roll no. 300).

6:56 P.M. – On agreeing to the Polis amendment Failed by recorded vote: 167 – 245 (Roll no. 299).

6:34 P.M. – UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

POSTPONED PROCEEDINGS – At the conclusion of debate on the Polis (CO) amendment No. 7, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Polis (CO) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

6:30 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment No. 7.

Amendment offered by Mr. Polis.

An amendment numbered 7 printed in Part A of House Report 112-73 to lift timeline requirements if the agency lacks an adequate budget or lacks staff expertise to properly review permits.

6:29 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Holt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Holt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

6:19 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment.

Amendment offered by Mr. Holt.

An amendment numbered 6 printed in Part A of House Report 112-73 to strike a provision in the underlying bill that would “deem” drilling permits approved after 60 days even if the necessary safety and environmental reviews have not be completed. The amendment leaves in place a timeline for approving drilling permits, but prevents permits from being “deemed” approved before the safety review has been completed.

6:18 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Hanabusa amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Ms. Hanabusa demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

6:07 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Hanabusa amendment.

Amendment offered by Ms. Hanabusa.

An amendment numbered 4 printed in Part A of House Report 112-73 to state that the Secretary shall not issue an offshore drilling permit without certifying that the applicant has calculated a worst-case discharge scenario for the proposed drilling operations; and has demonstrated to the satisfaction of the Secretary that the applicant possesses the capability and technology to respond immediately and effectively to such worst-case discharge scenario.

6:06 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

5:54 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment.

Amendment offered by Mr. Markey.

An amendment numbered 3 printed in Part A of House Report 112-73 to implement basic offshore drilling safety reforms recommended by the independent BP spill commission. The Commission found that the root causes of the BP spill were “systematic” and could have been prevented. The Markey amendment would set specific new minimum standards for blow-out preventers, cementing and well design.

5:53 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Garamendi amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Garamendi demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

5:46 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Garamendi amendment.

Amendment offered by Mr. Garamendi.

An amendment numbered 2 printed in Part A of House Report 112-73 to implement the Commission’s recommendation by requiring that in reviewing a drilling permit, the Secretary consult with an independent drilling safety organization not affiliated with the oil industry trade association.

5:45 P.M. – POSTPONED PROCEEDINGS – At the conclusion of debate on the Polis (CO) amendment no. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Polis (CO) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

5:35 P.M. – DEBATE – Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment no. 1.

Amendment offered by Mr. Polis.

An amendment numbered 1 printed in Part A of House Report 112-73 to require safety review of permits to take into consideration all applicable safety, environmental and fisheries laws.

5:33 P.M. – The House resolved into Committee of the Whole House on the state of the Union for further consideration.

5:32 P.M. – Considered as unfinished business.

H.R. 1016: to measure the progress of relief, recovery, reconstruction, and development efforts in Haiti following the earthquake of January 12, 2010, and for other purposes

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

5:06 P.M. – DEBATE – The House proceeded with forty minutes of debate on H.R. 1016.

Considered under suspension of the rules.

Ms. Ros-Lehtinen moved to suspend the rules and pass the bill, as amended.

5:05 P.M. – The Speaker announced that votes on suspensions, if ordered, will be postponed until 6:30 p.m. today.

H.R. 1229: to amend the Outer Continental Shelf Lands Act to facilitate the safe and timely production of American energy resources from the Gulf of Mexico

5:04 P.M. – Committee of the Whole House on the state of the Union rises leaving H.R. 1229 as unfinished business.

On motion that the committee rise Agreed to by voice vote.

Mr. Lamborn moved that the committee rise.

4:01 P.M. – GENERAL DEBATE – The Committee of the Whole proceeded with one hour of general debate on H.R. 1229.

The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 245 and Rule XVIII.

Rule provides for consideration of H.R. 1229 and H.R. 1230. Measure will be considered read. Specified amendments are in order. H.R. 1229 and H.R. 1230 shall each be debatable for not to exceed one hour, equally divided and controlled. In each case, the previous question shall be considered as ordered and in each case, a motion to recommit, with or without instructions is allowed.

Considered under the provisions of rule H. Res. 245.

4:00 P.M. – The House convened, returning from a recess continuing the legislative day of May 10.

2:14 P.M. – The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair.

2:02 P.M. – ONE MINUTE SPEECHES – The House proceeded with one minute speeches.

2:01 P.M. – ADJUSTED WHOLE NUMBER OF THE HOUSE – Under clause 5(d) of rule XX, the Chair announced to the House that, in light of the resignation of the gentleman from Nevada, Mr. Heller, the whole number of the House is 432.

PLEDGE OF ALLEGIANCE – The Chair designated Mr. Poe of TX to lead the Members in reciting the Pledge of Allegiance to the Flag.

The House received a message from the Clerk. Pursuant to the permission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk notified the House that she had received the following message from the Secretary of the Senate on May 9, 2011 at 10:05 a.m.: That the Senate added an additional conferee to H.R. 658.

The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.

2:00 P.M. – Today’s prayer was offered by Reverend Jane Wood, Jerusalem-Mt. Pleasant United Methodist Church, Rockville, Maryland.

The House convened, returning from a recess continuing the legislative day of May 10.

12:06 P.M. – The Speaker announced that the House do now recess. The next meeting is scheduled for 2:00 P.M. today.

12:01 P.M. – MORNING-HOUR DEBATE – The House proceeded with Morning-Hour Debate. At the conclusion of Morning-Hour, the House will recess until 2:00 p.m. for the start of legislative business.

12:00 P.M. – The Speaker designated the Honorable Tom Graves to act as Speaker pro tempore for today.

The House convened, starting a new legislative day.