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First House Republican to Support DOMA Repeal

DOMA Repeal

By Domingo Martinez

Andrew Harmon of The Advocate has an article on Congresswoman Ileana Ros-Lehtinen (R-Fla.) becoming the first House Republican to support repealing the “Defense of Marriage Act” (DOMA). Rep. Ros-Lehtinen’s history of supporting equality includes her vote against the 2006 constitutional amendment defining marriage as a man and a woman and her vote to repeal “Don’t Ask, Don’t Tell.” Now, she’s cosponsoring the Respect for Marriage Act. Read the full article here.


  • 1. Ann S.  |  September 23, 2011 at 9:42 am


  • 2. Kathleen  |  September 23, 2011 at 9:52 am

    UPDATE: Perry

    Proponents' appeal of the order unsealing trial recordings has been docketed at the 9th Circuit as case number 11-17255. Here's the scheduling order; it will likely change when Proponents file their anticipated motion for ER stay (they haven't filed it yet).

  • 3. Christian  |  September 23, 2011 at 10:06 am

    Thanks Kathleen, as always. Looks like this won't be an expedited process as final briefs aren't due until January 30.

  • 4. cr8nugy  |  September 23, 2011 at 12:53 pm

    Hi Kathleen! Just curious, are all of these Perry related appeals separate or will they all go to the same panel that heard the appeal in December (Reinhardt, Hawkins, Smith)? I'm just wondering how this works and if it goes to the same group, couldn't they rule on everything at once?

  • 5. Kathleen  |  September 23, 2011 at 1:55 pm

    I don't know the answer for that for sure. Technically, the two recent appeals (orders on motions to vacate the judgment and unseal the trial recordings) aren't the same as the appeal on the merits. In fact, if you recall, the 9th Circuit specifically sent the motions on the tapes back to the district court.

    I'm inclined to think the current month's motions panels will handle any emergency motions and the parties would have to make a request to have these appeals assigned to the same panel that is handling the appeal on the merits. But, again, I don't have an authoritative answer to the question.

  • 6. Straight Dave  |  September 23, 2011 at 5:57 pm

    Do all appeals to a circuit court have to be heard or does the 9th have any discretion? After all, they sent the trial video issue down to the district court as an "ancillary matter", not directly affecting the merits of the main case. No wonder the courts are clogged with junk cases.

  • 7. MichGuy  |  September 23, 2011 at 10:29 am

    Does anyone know if the DOJ ever filed their brief that was due on Sept 14th ????

    This link states that DOJ shall file a brief, if any, on or before September 14, 2011.

    But on this link I cannot find any record of the DOJ having submitted a brief against DOMA!!

  • 8. Leo  |  September 23, 2011 at 10:42 am

    I don't have a link right now, but yes. DOJ has filed mostly identical briefs, with slight variations, in all of: Golinski, Windsor, Pedersen, and now the Gill appeal. Possibly also Dragovich and Lui.

  • 9. Kathleen  |  September 23, 2011 at 1:59 pm

    Here's the DOJ brief in Pedersen filed September 14:

    I have almost everything. I just haven't been reporting as consistently as I was in the past because I've been occupied with a project that's going to make keeping up with all of this much easier — if I can ever get it ready. 🙂

  • 10. jpmassar  |  September 23, 2011 at 2:46 pm


  • 11. Kathleen  |  September 23, 2011 at 4:16 pm

    Thanks, JP. 🙂

  • 12. MichGuy  |  September 23, 2011 at 3:19 pm

    Thanks you Kathleen for the link. It made my day! 🙂

  • 13. Ileana  |  September 23, 2011 at 10:40 am

    She better be supportive…..her son is a transgender (Rodrigo) – works in LA LGBT Center

  • 14. Sheryl_Carver  |  September 23, 2011 at 10:59 am

    A friend asked me 2 days ago, "where are things with the Prop 8 situation?" (She's been dealing with a lot for the past couple of years, and hasn't had time or energy to think about much else except family issues.)

    I groaned as I replied, "it's the bigotry that won't die." So I summarized the various trials & hearings: Federal Constitutionality / vacating Judge Walker's ruling, proponents/D-I's standing, release of the tapes; the appeals on all of the above; District Court, 9th Circuit Court of Appeals, CA Supreme Court. She just shook her head.

    I do believe we will win on the unconstitutionality of Prop 8 & hopefully on the release of the tapes, but it does seem to be taking forever. Cooper's kids, if he has any, shouldn't have to worry about Dad having enough money to pay for college. 🙁

    Mucho thanks again to Kathleen & all the other legal folks here who keep us updated on the legal filings, and especially for explaining them to us lay people!

  • 15. Alan_Eckert  |  September 23, 2011 at 11:59 am

    I'm going to suggest to my sister that I help her GSA at school by informing them about the Prop 8 and DOMA trials. I have everything I need thanks to P8TT!

  • 16. AnonyGrl  |  September 23, 2011 at 12:40 pm

    What a GREAT idea!

  • 17. Kathleen  |  September 23, 2011 at 4:19 pm

    Fantastic idea, Alan. Obviously, if there's anything you need, let me know.

  • 18. Ronnie  |  September 23, 2011 at 11:52 am

    Subscribing & sharing……

    Gregory and Guillermo, a Gay Bi-National Couple, Chronicle Their Immigration Battle: VIDEO

    Chaz Bono and Lacey Schwimmer Talk About 'DWTS' and How the Attacks Have Affected Him: VIDEO

    Here is the video….. <3…Ronnie:
    [youtube LPeJW90Gq1w youtube]

  • 19. MichGuy  |  September 23, 2011 at 12:26 pm

    Delayed update on the other not well known DOMA Court Cases. (Theres so many cases its hard to keep track)

    Dragovich et al v. United States Department of the Treasury et al – Document 94


  • 20. Brain Death  |  October 4, 2011 at 11:15 pm


    District court dismisses the case in Lui v. Holder , citing 1982 9th Circuit decision.….

  • 21. Ronnie  |  September 23, 2011 at 12:44 pm


    "Last night, during the Republican presidential debate, an American soldier serving in Iraq was booed by the audience simply for saying that he was gay, and for asking a question about "Don't Ask, Don't Tell."

    And none of the GOP candidates on stage said a word in his defense.

    Please sign on to the open letter by former Army Captains Tanya L. Domi, James E. Pietrangelo, II, Brenda S. "Sue" Fulton, Jonathan Hopkins, and former West Point cadet Katherine Miller, each of whom had a lead role in bringing down "Don't Ask, Don't Tell," demanding that all the Republican presidential candidates denounce the disrespect that was shown to soldier Stephen Hill during the Republican debate. The more signatures we get, the more the media will pressure politicians to stand up."


  • 22. Ronnie  |  September 23, 2011 at 1:28 pm

    Anti-Homophobia PSA to Air at Michigan Football Game: VIDEO

    "A PSA meant to combat anti-gay behavior will premiere tomorrow at the University of Michigan stadium, the largest in the nation, with more than 110,000 fans in attendance during the Michigan/San Diego State football game."


  • 23. Mark M. (Seattle)  |  September 23, 2011 at 1:51 pm

    LOVED IT!!
    Thanks for posting Ronnie 🙂

  • 24. AnonyGrl  |  September 24, 2011 at 11:22 am

    How much FUN was that!! Yay!!

  • 25. Mark M. (Seattle)  |  September 23, 2011 at 2:49 pm

    Just had the cuties twin boys in as patients today. They were very excited to let me know that they are part of America's NEW families. They wanted me to know that there are 4 HEs in their family, Daddy, Dad, and themselves. They were SO excited to tell me about how their daddies picked them out and abopted them.
    SO CUTE!
    Nothing weird or odd about having two dads for these two 6 yr olds 🙂

  • 26. Ann S.  |  September 23, 2011 at 3:50 pm

    That is adorable!!

  • 27. Mark M. (Seattle)  |  September 23, 2011 at 3:57 pm

    Oh they were…just so bubbly and excited to share their family store with me.
    And the one Dad with them just beemed with pride at his boys 🙂

  • 28. Ann S.  |  September 23, 2011 at 4:09 pm

    Awwwww — they sound like a very happy family. What lucky boys!!

  • 29. Kathleen  |  September 23, 2011 at 4:20 pm

    Wonderful story, Mark.

  • 30. Ronnie  |  September 23, 2011 at 3:01 pm

    'BULLYING IS VIOLENCE' Public Service Announcement Campaign
    Video Description:
    Anti-Bullying Public Service Announcements for the Anti-Violence Project produced by Underdog Entertainment.
    visit for more information…….

    [youtube CHDs2hoBlbs youtube]

  • 31. maggie4noh8  |  September 23, 2011 at 3:17 pm

    OK Prop8 crowd, here is your weekend chore:

    Go to White House's website, and sign the petition to repeal DOMA (and while you are there, check out some of the other petitions and consider signing – like repealing automatic tax-exempt status of churches):!/petitions

    Any type of pressure to repeal DOMA has got to be good!!!

    Finally, enjoy your weekend!

  • 32. Elizabeth_Oakes  |  September 23, 2011 at 5:55 pm

    Thanks for this! Will do!

  • 33. Ronnie  |  September 23, 2011 at 4:42 pm

    MD lawmaker used role to boot marriage bill, foot marriage bill

    "Maryland Del. Tiffany Alston (D-P.G. County) has been indicted on felony theft and other charges and is accused of using campaign funds to pay for personal expenses, including costs associated with her 2010 wedding.

    It’s an ironic twist, given that Alston played a prominent role in the defeat of Maryland’s same-sex marriage bill earlier this year. Alston, an early co-sponsor of the bill, later changed her mind and voted against it. "

    (me) ummmmm…. >I …Ronnie

  • 34. Don in Texas  |  September 23, 2011 at 4:48 pm

    Domingo: Not to put too fine a point on it, but there was no DOMA "constitutional amendment" at the federal level in 2006, although several states have enacted such an amendment to their state constitutions.

    The Defense of Marriage Act is a law passed by Congress and does not have the supremacy of a constitutional amendment. DOMA can be repealed by Congress with a simple majority vote (unless the Republicans filibuster in the Senate.) A constitutional amendment is beyond the reach of Congressional repeal action. Just sayin'.

  • 35. Fluffyskunk  |  September 26, 2011 at 9:03 pm

    There was an effort to put DOMA in the Constitution in 2006, which is what Domingo is referring to. The amendment would not only have banned marriage on the federal level but also prohibited states from recognizing marriage between same-sex individuals. It failed, thank Athë.

  • 36. MichGuy  |  September 23, 2011 at 4:56 pm

    DOJ Asks Court to Dismiss Case Seeking Equal Severance Pay for Service Members Discharged for Being Gay

    The Department of Justice has asked a federal court to dismiss a lawsuit seeking equal severance pay for members of the military discharged for being gay, the AP reports:

    Read more:

    (This is not a challenge to DADT for those that may be confused as to what this case is about. This is a challenge to a "policy" of the obama administration that can easily be changed by Obama at any moment without congressional approval.)

  • 37. Sagesse  |  September 23, 2011 at 5:58 pm

    In North Carolina…

    Gay Marriage Ban On Ballot Omits Sentence From Bill

  • 38. Sagesse  |  September 23, 2011 at 6:41 pm

    For Santorum Gays In The Military Reveals Commander In Chief Inadequacy

  • 39. Sagesse  |  September 23, 2011 at 6:59 pm

    Power and Bullies: Why Gay Kids Need School Choice

  • 40. Reformed  |  September 23, 2011 at 8:22 pm

    "Sex is not an issue. It should not be an issue," Santorum said. "Leave it alone, keep it – keep it to yourself, whether you're a heterosexual or a homosexual."

    Ok, lets think about this. Gay soldiers were thrown out of the military who hid who they were unsuccessfully. Yet heterosexual soldiers could keep their wedding rings on chains around their neck and pictures of their families (if not pornography?)

    If that wasnt the stupidest debate answer by Santorum. I have to say it. Santorum really is a frothy

  • 41. Reformed  |  September 23, 2011 at 8:22 pm

    mix, that is.

  • 42. Reformed  |  September 23, 2011 at 8:30 pm

    Why dont these debate moderators ask some followup questions? Like, Mr. Santorum, do actually mean to say that heterosexuals should be dismissed from the military when it is discovered that they are heterosexuals (with families and everything). Or is it just the homosexuals that have lie and pretend to be unexplicably single.

  • 43. Fluffyskunk  |  September 26, 2011 at 9:05 pm

    Debate moderators should be required to have law degrees. 🙂

  • 44. loaferguy  |  September 23, 2011 at 8:45 pm

    She really is the gift that keeps on giving.

    Maggie Gallagher to Head Up NOM's New 'Marriage Anti-Defamation Alliance': VIDEO:

  • 45. Sagesse  |  September 24, 2011 at 5:35 am

    Commentary on the GOP debate.

    Don’t Ask

  • 46. Ronnie  |  September 24, 2011 at 7:34 am

    NFL Protects Sexual Orientation


  • 47. Sam_Handwich  |  September 24, 2011 at 10:27 am

    …not that there's anything at all gay about burly sweaty men in tight pants fighting over a ball in a pig pile and smacking each other on the butt.

  • 48. Rich  |  September 25, 2011 at 5:56 pm

    What fun: The NOM blog site is all a' twitter. The usual fundamentalist homophobes all of a sudden got very upset after Chuck Colson exclaimed: "Shame on us. Because we should be shaping ideas, proclaiming truth from our pulpits and from every platform we have – from the neighborhood cookout to the school board meeting." Their complaint? Too many "parasites" were being allowed to post on their web site. Oh, the venom is flowing tonight. Colson has brought out the "best" in NOM's Christians. As I wrote in a blog (which was, of course, deleted): "One suggestion: ditch your ideologues Rick Perry, Michele Bachman and Rick Santorum…they're sinking fast and Republican stalwarts are turned off by their religious zealotry and homophobia. If you don't believe me listen to Pat Buchanan, Bill Kristol, Kathleen Parker, George Will, Tim Carney and so many others. The Chuck Colson plea to shape ideas and silence the opposition is not working with mainstream America who won't buy into the fear mongering of the fundamentalist right."

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