Subject: ACLU News: Senate Passes DOMA, Rejects ENDA
From: [email-masked]
Date: Tue, 10 Sep 1996 16:11:09 -0400

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                  AMERICAN CIVIL LIBERTIES UNION
                               <A HREF="http://www.aclu.org">http://www.aclu.o
rg</A> 
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                              News from the ACLU...
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      ACLU Blasts Senate Passage of Anti-Gay Marriage Ban; 
    Calls Vote a "Deplorable Act" and Vows Legal Challenge

FOR IMMEDIATE RELEASE                              
Tuesday, September 10, 1996

WASHINGTON -- The American Civil Liberties Union today denounced the
Senate for passing a bill designed to ban same-sex marriages, calling
the vote a deplorable act of hostility toward lesbian and gay
Americans and pledging to challenge the measure in court.

    In a separate vote today, the Senate also rejected 49-to-50 legislation
to
outlaw employment discrimination  on the basis of sexual orientation. 
Despite its popular and broad support, the Employment Non-Discrimination 
Act has been stifled since its introduction in 1994, but the ACLU and other 
gay rights advocates -- emboldened by the narrowing margin  -- vowed to 
press for the measure again next term.

    "The Senate turned its back on an important measure that would
have ensured fairness in the workplace for all Americans, straight and
gay," said Matt Coles, director of the ACLU's National Lesbian and Gay
Rights Project.   "Instead, Americans will continue to have to fend
for themselves in the 41 states where it is perfectly legal to fire
someone simply because of their sexual orientation."

    But in the day's major action, the Senate passed by a 85-to-14
vote the so-called "Defense of Marriage Act" that would define
marriage in Federal law for the first time as a "union between one man
and one woman," and allow states to ignore same-sex marriages
performed in other states.  The measure now goes to the President, who
has already signaled his intention to sign it.

    "This vote is a deplorable act of hostility," Coles said. "It is
one of the worst things any Congress has done to gay Americans. This
vote will go down in history as a low point in our nation's struggle
against bigotry."
 
    "This bill does nothing to  defend' marriage," added Coles.  "Its
only purpose and effect is to bash lesbian and gay Americans, and to
pick up a couple of votes along the way."

    The ACLU said that the measure violates several constitutional
guarantees, and will look to bring a legal challenge if and when a
couple has standing under the law.  No state currently recognizes the
right of lesbian and gay couples to marry.                                 

    The anti-gay marriage bill consists of two main parts.  The ACLU
said the "Federal" part of the bill, specifying the gender
requirements of spouses, would have the effect of treating all lesbian
and gay
couples as strangers under Federal laws and programs, without any
regard to the depth or intimacy of their relationship.

    The second provision of the bill would attempt to carve a "gay
exception" to the Constitution's full faith and credit clause by
allowing states to reject marriages performed in sister states.  That
clause requires, among other things, that the court judgements of one
state will be honored by other states. 

    The ACLU, which submitted testimony before the House and Senate
on the bill, said that the provision, as it relates to court rulings
on marriage, absolutely violates the Constitution's full faith and
credit clause, and is prepared to make its arguments in court when the
opportunity arises.  The entire bill, the ACLU added, violates the
Fifth Amendment's equal protection guarantee by branding all same-sex
marriages with second-class status.

    "This bill is an unmistakable violation of the Constitution,"
Coles said.  "It ignores core principles of our Constitution, in
addition to creating an unworkable patchwork of government rules about
who is and isn't married."  
    
    The issue of same-sex marriages have been raised in response to
a Hawaii Supreme Court ruling in May 1993 that strongly suggested that
the state's equal protection guarantee requires Hawaii to grant
marriage licenses to lesbian and gay couples.  Ironically, the case
went back to trial today before a state district judge, but a final
decision is not expected until late 1997 or early 1998.  

    While many states were already debating responses to the court's
expected ruling (fifteen states have passed laws banning recognition
of those Hawaii marriages), conservative extremists worked with
lawmakers to introduce a Federal bill that would, in effect, preempt
those statewide battles and hand conservatives a political wedge
issue.

    The House passed the bill on July 12 with a 342-to-67 margin and
sent it to the Senate, where a bipartisan coalition sought to attach
ENDA, the non-bias job bill, as an amendment to the anti-gay marriage
bill.  After pressure from the coalition and gay rights advocates,
Republican leaders agreed to allow the non-bias measure on the Senate
floor for a separate vote. 

    Coles concluded: "Congress has knowingly acted on the worst of
political calculations to single out lesbian and gay relationships for
naked mistreatment." 

                              -- 30 --

[NOTE TO REPORTERS: A backgrounder detailing both DOMA and ENDA, as
well as the ACLU's position, is available by calling (212) 944-9800
ext. 414, or by downloading it through our Internet web address
(http://www.aclu.org) or on American Online (keyword: "ACLU").]

Contact:  Denny Lee, (212) 944-9800 ext. 424

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National Office 132 W43 St. NYC 10036  (212) 944-9800 x414