GOP Lobbyist Joins Strategy to Repeal DOMA 

When DOMA was being written in 1996, Lehman oversaw the execution of all the subcommittee’s work, including the drafting and passage of the antigay law.



Though some GOP presidential candidates seem to think otherwise, an anti–gay marriage position is not a winning electoral strategy, Deutsch and Lehman argue, and it’s a clear turn-off to the pivotal independent voters. For starters, six states and the District of Columbia already allow same-sex marriages and have not seen the disastrous societal effects that anti–marriage equality forces continue to predict. Multiple national polls analyzed in a July Freedom to Marry report by George W. Bush pollster Jan van Lohuizen and Obama campaign adviser Joel Benenson indicate that support for marriage equality not only is growing but also has accelerated significantly in recent years.

The conversations with members and high-level staffers are often as much about rallying their support for repeal as they are about educating those who have not considered the devastating effects of DOMA on gay couples (lack of health care benefits, immigration sponsorship rights, and tax advantages being among them).

As Cooper, an Army reserve captain, explains in meetings, the recent repeal of “don’t ask, don’t tell” will only further highlight DOMA’s consequences.

“I think that on a very real level, they have not heard this before from anyone,” Deutsch said. “Hearing it from Kathryn and hearing it from Clarke, it’s a rude awakening. In almost every conversation, at some point the member will say, ‘But I really still do believe that marriage is between a man and a woman.’ But what has fascinated me is that in no office have they said, ‘Well, can’t we just go the civil union route?’ No one has brought up civil unions. It’s a vehicle, an out, that you can take to get away from the marriage piece, and no one’s going that route.” 

Rep. Ileana Ros-Lehtinen of Florida may not have been the first Republican to conclude that DOMA has to go, but she was the first one bold enough to step forward and cosponsor the bill to repeal it. Last month, a few days after she released prepared remarks written for a Log Cabin awards dinner in which she stated that “defining marriage is not part” of the federal government’s role (she did not ultimately give the speech), Ros-Lehtinen became the 125th cosponsor of the House bill, introduced by New York Democrat  Jerrold Nadler. (California senator Dianne Feinstein is the Senate sponsor.) “I voted against the constitutional amendment defining marriage [in 2006], so I’m pleased to cosponsor the repeal of DOMA and work with my colleagues on marriage equality,” Ros-Lehtinen said in a statement.

The most senior female Republican House member, Ros-Lehtinen has stepped out on LGBT issues before, but never on one this divisive.

“I suspect that Ileana's cosponsorship of the repeal legislation may be a catalyst for some other [Republicans] to support it,” former congressman Barr wrote in an email response.

That’s certainly what Lehman and Deutsch are hoping.

Deutsch, Cooper, and Torrey Shearer, a colleague of Lehman’s at Holland & Knight, had met with Ros-Lehtinen’s legislative director in July. The team has visited about 15 to 20 GOP offices, in both the House and Senate. Ros-Lehtinen has been attacked by the usual suspects for her decision — Family Research Council and National Organization for Marriage being the chief antagonists — but response has been mostly positive. “Her role is a welcomed sign of true and rare leadership, and her change of heart on gay marriage is also a story about what our children teach us about humanity,” journalist Fabiola Santiago wrote in a September op-ed for The Miami Herald.

“We’ve called every office that we’ve gone to see, to make sure they know that the door is now open, that thanks to Ileana, the water’s fine. Come on in,” Deutsch said. “I had a couple of good discussions [last month] from member staffs who understand that we’re talking about a whole new picture now.”

Those who can’t see that new picture — or won’t yet support DOMA repeal even if they can — are being lobbied to at least oppose antigay amendments to appropriations bills. In June the House passed the annual defense spending bill with several amendments that broaden the reach of DOMA in the military, including one by Rep. Todd Akin of Missouri that would bar military chaplains from acting in their official capacity to perform same-sex weddings and stop ceremonies from being performed on bases. (The Pentagon announced Friday that it would allow military chaplains to officiate the weddings anyway and that bases are “sexual orientation neutral” when it comes to private ceremonies.)

Freedom to Marry’s federal program will expand into a Beltway salon series this fall and winter, featuring Democratic and Republican operatives, as well as “Third Party right-of-center think-tank leaders,” according to the organization.

“On one level, it’s been like anything else,” Lehman said of her marriage lobbying compared to her day-to-day practice, which includes lobbying on appropriations and federal regulations. “But I just feel an obligation to educate [Republicans] on this issue, on how my views have changed. ... There’s an opportunity for momentum, and we’re trying to capture that opportunity to move forward.”


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