From: DennyCLU@aol.com Date: Tue, 10 Sep 1996 16:11:09 -0400 Subject: ACLU News: Senate Passes DOMA, Rejects ENDA ============================================= AMERICAN CIVIL LIBERTIES UNION http://www.aclu.o rg ============================================= News from the ACLU... ============================================= 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 ============================================= National Office 132 W43 St. NYC 10036 (212) 944-9800 x414