Gay rights attorney Evan Wolfson, who heads the same-sex marriage advocacy group Freedom To Marry, said congressional passage of the Domestic Partnership Benefits and Obligations Act would take precedent over DOMA in the area of federal employee benefits. Thus approval of that measure would enable the Obama administration to provide full federal personnel benefits to same-sex partners of federal employees without the repeal of DOMA.Leonard Hirsch has posted a personal reflection on his recent life-threatening illness and the President's action here (PDF document).
"A more recent bill would undo or at least limit the other one," Wolfson said.
Hirsch of Federal GLOBE said White House officials kept his group informed of the administration's efforts to prepare the presidential memorandum during the past several months. He said the plan all along was to issue the memorandum during LGBT Pride Month in June. He said the memorandum's signing shortly after the administration issued its controversial defense of DOMA in federal court, in response to a lawsuit challenging DOMA, was coincidental.
Hirsch and Solmonese of HRC each called the presidential memorandum a small but important first step in the ongoing effort to provide equal rights and treatment of LGBT people who work for the federal government.
According to Hirsch, a presidential memorandum has the same force of law as a presidential executive order, with the memorandum used more often in federal personnel matters. Hirsch and White House officials noted that some news accounts claiming that a presidential memorandum expires at the end of a president's term in office are incorrect. A presidential memorandum remains in effect indefinitely unless another president rescinds it, just as presidents can rescind executive orders issued by their predecessors.
Solmonese pointed to a statement by Berry in a phone conference for reporters, in which the gay OPM director said the president's memorandum would give him greater authority to prohibit workplace discrimination against LGBT employees.
"Although today's actions are only the beginning in what will be a multi-step process towards achieving real and tangible equality for our community, it is no doubt an important first step," Solmonese said. " We commend President Obama and his administration for taking this action to provide some basic benefits for same-sex partners of federal employees and his endorsement of legislation that would provide domestic partner health benefits."
Kameny is the first known gay person to challenge the federal government after he was fired for being gay from his job as a civilian astronomer with the Army the late 1950s, He called Obama's presidential memorandum an important development.
"There's been a great deal of adverse criticism of the president in recent weeks because people got the feeling that things they wanted to see weren't happening," Kameny said. "My feeling is he made clear that he's on the right side, he's with us, things are moving as fast as he can get them to move, and I feel very satisfied."
Related links:
Federal GLOBE - Gay, Lesbian, Bisexual, and Transgender Employees of the Federal Government
GLIFAA - Gays and Lesbians in Foreign Affairs Agencies
Noted in the GLIFAA press release:
President Obama's announcement today follows earlier news reports that Secretary Clinton would soon expand the State Department's definition of "Eligible Family Member" (EFM) to include same-sex and opposite-sex domestic partners and their children. Presently, domestic partners are classified as "Members of Household" (MOHs), a term that denies critical protections to family members, including those separated from their employee partners who have served in Iraq and Afghanistan. The Foreign Service Act of 1980 grants the Secretary of State exclusive authority to define the term EFM, and GLIFAA has pushed for years to update the definition of the term. GLIFAA also thanks Congresswoman Baldwin, Congressman Berman, Congresswoman Ros-Lehtinen, Congressman Ackerman, Senator Feingold, and Senator Wyden, who repeatedly wrote Secretary Rice and Secretary Clinton to remind them of the hardships facing lesbian, gay, bisexual, and transgender (LGBT) families serving overseas.What I Say: You wonder why the doctor or nurse, with hypodermic in hand, didn't just give the other dad the shot and keep quiet about it; lie if necessary. You wonder what kind of fricking tight-ass bureaucrat down in Mexico would sacrifice those kids' dad for the sake of a petty homophobic rule.
As soon as she took office, Secretary Clinton received a letter from over 2,200 current and former employees of the State Department and other foreign affairs agencies asking her to treat all families equally: "We question the logic of leaving same-sex partners to fend for themselves during an emergency evacuation of a high danger post. We are embarrassed when the Department will reimburse a variety of moving expenses, including the cost of transporting a pet, when an employee is assigned overseas, but will not do the same for a same-sex partner... Madam Secretary, we believe that no colleague of ours is a second-class colleague, and no colleague's family is a second-class family." Ninety-two percent (92%) of the letter's signers did not have an MOH family member but signed because, like Secretary Clinton, they know that leaving families vulnerable and without diplomatic protections while in service to the U.S. Government abroad is wrong.
The impact of H1N1 influenza on one GLIFAA family highlighted the second-class status suffered by MOHs. In Mexico, tests confirmed that one Foreign Service Officer's two sons had contracted H1N1. The Health Unit quickly sprang into action and gave Tamiflu to the children and to the employee father. However the Health Unit would not provide Tamiflu to the other father -- even though it was unavailable locally -- because he was an MOH, and not an EFM. It took the personal intervention of the Chargé d'Affaires before the Health Unit took this basic public health measure. Once regulations are revised based on the administrations guidance, no Embassy children will have to watch their parents bear this discrimination again, because all family members will have access to Tamiflu when medically appropriate.
You wonder why the God of all Creation, the God who is Love as "the Bible says," would get all huffed up and indignant and rain down fire and brimstone over something like this, like some backwoods shyster multimillionaire TV preacher with a shit-eating grin and a hateful arrogant self-righteous heart as hard as board.
Shove it up your ass, Pat Robertson.
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