Director of the Office of Personnel Management, John Berry, addresses the attendees at the memorial service for Frank Kameny. (Washington Blade photo by Michael Key)

In a memorial service on Capitol Hill Tuesday night, three members of Congress, an Obama administration official, and a Yale Law School professor described the late gay rights leader Frank Kameny as a major figure in the U.S. civil rights movement who changed the course of history for LGBT Americans and the nation.

More than 200 people turned out for the service, which was held in the historic caucus room at the Cannon House Office Building across the street from the U.S. Capitol.

“His life cleared the path that I and countless others followed into public service,” said John Berry, the director of the U.S. Office of Personnel Management, who in 2009 became the Obama administration’s highest-level gay appointment.

“His unrelenting and unceasing fight for gay rights enabled other Americans to step out of the closet and into the full light of equality,” Berry told the gathering. “But most importantly, his long battle and eventual triumphs show the miracles that one person wrought upon the world.”

Berry’s sentiment was echoed by gay U.S. Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wisc.), Congressional Delegate Eleanor Holmes Norton (D-D.C.), and Yale Law School Professor William Eskridge Jr. Each told of how Kameny’s 50-year tenure as the nation’s preeminent gay rights strategist and advocate changed the course of the nation’s history and improved the lives of LGBT people and other Americans.

Rep. Barney Frank also made remarks at the service. (Washington Blade photo by Michael Key)

Gay rights advocate and Kameny friend Charles Francis said he and others who organized the memorial service chose to hold it on Nov. 15 to commemorate the 50th anniversary of Kameny’s co-founding of the Mattachine Society of Washington, D.C. Gay historians consider Mattachine of Washington to be D.C’s and the nation’s first homosexual civil rights organization.

Francis noted that Kameny and fellow activist Jack Nichols started the organization in 1961 not long after the Cannon Caucus Room, where Kameny’s memorial service was being held, was the site of the House Un-American Activities Committee’s widely publicized hearings in which communists and homosexuals were said to be a threat to the nation.

Eskridge praised Kameny’s role as a legal strategist and noted that Kameny waged one of the first effective efforts to repeal state sodomy laws, which classified gay sex as a crime. Eskridge and Norton, who called Kameny a civil rights champion, each compared the gay rights leader to American civil rights heroes in the black civil rights movement such as Rosa Parks and Thurgood Marshall.

Norton said that Kameny’s decision to become the first known gay person to fight his dismissal on grounds of homosexuality from his federal government job as an astronomer in 1957 was similar to Rosa Parks’ refusal to sit in the back of the bus as an act of defiance of the South’s segregation laws.

“He wore that dismissal as a badge of honor,” Norton said. “It is Frank’s lonely act of defiance that sets him apart” at a time when it was unthinkable for gays to stand up for their rights, she said.

Eskridge said Kameny’s work to advance legal rights for LGBT people in the early years of his activism in the 1960s was especially remarkable because he wasn’t a lawyer.

He said that in 1961 Kameny became the first in the U.S. civil rights movement to argue that sexual orientation should be treated the same as race in connection with laws and policies that ban discrimination.

“Those were remarkably good arguments,” said Eskridge. “Today they can get you tenure at a university. But back then they could land you in jail.”

Rep. Frank said Frank Kameny was an inspiration and role model for him at a time when he grappled with how his own status as a gay man would impact his plans to enter the realm of politics and run for public office in Massachusetts.

Frank said one of Kameny’s many accomplishments in the gay rights movement was his self-confidence and aggressive and assertive demeanor in informing the world that his cause was just and right.

“He was certainly the opposite of the stereotype of a gay person as a shrinking violet,” Frank said.

Baldwin said she, too, considered Kameny a role model in her own coming out as a lesbian interested in becoming involved in public affairs and politics.

“My own introduction to Frank came when I was in college,” she said. “I was just coming out. I sought everything I could find to read about our LGBT leaders… And what I learned about Frank Kameny, the Mattachine Society and so many other pioneers made me incredibly proud,” she said.

Attendees of Frank Kameny's memorial. (Blade photo by Michael Key)

Berry, who delivered the main eulogy for Kameny at the memorial service, said he had the honor as head of the U.S. Office of Personnel Management to extend to Kameny a formal apology on behalf of the government for Kameny’s dismissal from government service in 1957.

“The apology closed an important cycle in his life’s work,” said Berry, who noted that it came more than 50 years after Kameny has been credited with initiating and living to see a long list of changes that have improved the lives of LGBT people.

An end to a government ban on granting security clearances to gays, the end of the ban on gays from serving in the military, the elimination of anti-gay sodomy laws, and the removal of the psychiatric profession’s classification of homosexuality as a mental disorder are all actions that Kameny played a key role in bringing about, Berry said.

“We have lost one of the great champions of truth. His life was long and full, his victories many and great. He has left his mark upon the world, and its stewardship falls to us now,” Berry told the gathering.

“The end of Frank’s avenue must not be the end of ours. We must continue on the journey forward. It is up to us to carry on the battles yet un-won, to write history and guard the future and to morn this great soul.”

Among those attending the Kameny memorial service were gay U.S. Reps. Jared Polis (D-Colo.) and David Cicilline (D-R.I.), who, along with Norton, Frank, and Baldwin, served as official congressional hosts for the event. Also attending were Gautam Raghavan, associate director of public engagement at the White House, who serves as White House liaison to the LGBT community; White House press spokesperson Shin Inouye; and D.C. Council members David Catania, Jim Graham, and Mary Cheh.

Friends and allies of the late gay rights leader Frank Kameny have scheduled a national memorial service to honor his life and accomplishments to be held Tuesday, Nov. 15, at the Cannon House Office Building next to the U.S. Capitol.

Organizers said the event will take place at 4:30 p.m. in Room 345, which is the building’s main caucus room. The congressional hosts of the event include D.C. Congressional Delegate Eleanor Holmes Norton (D-D.C.) and the Congressional LGBT Equality Caucus members Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wisc.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.).

“Friends and allies of Dr. Kameny, and members of the general public, need no invitation to attend this service on Capitol Hill, capacity permitting,” organizers said in a statement. “This spacious and historic venue was made available through the generous support from leaders of the Congressional LGBT Equality Caucus, allies in LGBT equality and national service.”

Members of Congress and officials with the Obama administration are expected to be among the speakers at the event, said co-organizer Bob Witeck, a longtime friend and colleague of Kameny’s.

Witeck said the event will also commemorate the 50^th anniversary of Kameny’s role as co-founder of the Mattachine Society of Washington, the city’s first gay rights group.

Caspian Julius (photo courtesy office of Rep. Jared Polis)

Rep. Jared Polis (D-Colo.) has become the first openly gay father in Congress.

In an e-mail to supporters on Friday, Polis, 36, announced that he and his partner, Marlon Reis, 29, had welcomed into their family their child, Caspian Julius. Upon his birth on Sept. 30, Caspian weighed 8 lbs. and 12 oz.

“Baby and parents are doing well, baby has learned to cry already!” the announcement reads. “No gifts please, just nice thoughts for Caspian, humankind, the planet, and the universe!”

Polis announced to media in June that he was expecting a child and said further details, including whether he was having a child through a surrogate pregnancy or adoption, would be kept under wraps.

Jennifer Chrisler, executive director of the Family Equality Council, said her organization is “so thrilled” for Polis and his partner.

“Little Caspian Julius is so lucky to have two wonderful and loving dads,” Chrisler said. “On behalf of America’s growing number of LGBT parents, we want to send the family our warmest wishes.”

Rep. Jared Polis said he expects a Senate committee to vote on SNDA in June. (Blade file photo by Michael Key)

A crucial vote on a non-discrimination measure for LGBT students could take place next month when a key Senate committee takes up education reform legislation.

Rep. Jared Polis (D-Colo.), a gay lawmaker who works on education issues, said Monday the Senate panel with jurisdiction over education reform is set to consider the Elementary & Secondary Education Act reauthorization in June.

“It’s a very complex area of law, and it’ll begin with Senate markups in June as Chairman [Tom] Harkin has indicated he plans to hold,” Polis said during a conference call hosted by the Center for American Progress.

Anti-bullying advocates have been pushing for the inclusion of SNDA, which Polis sponsors in the House, as part of larger education reform. SNDA prohibits public schools and school programs from discriminating against LGBT students.

Polis predicted Harkin’s initial mark for Elementary & Secondary Education Act reauthorization wouldn’t contain the pro-LGBT measures and suggested a vote would take place in committee to include SNDA in the larger bill.

“Although we don’t expect to see SNDA in the chairman’s mark of the initial bill, we are optimistic we can amend the ESEA because all but one of the Democrats on the committee are co-sponsors of the Student Non-Discrimination Act,” Polis said.

In the Senate, Sen. Al Franken (D-Minn.) sponsors SNDA. He’s a member of the Senate HELP committee, so any amendment to include this measure as part of Elementary & Secondary Education Act reauthorization would likely come from him.

As of last week, Sen. Kay Hagan (D-N.C.) was the sole Democrat on the Senate Health, Education, Labor & Pensions Committee who wasn’t a co-sponsor of SNDA.

But Stephanie Allen, a Hagan spokesperson, said her boss this week signed on as co-sponsor for the student non-discrimination bill.

Hagan’s co-sponsorship means Democrats on the HELP committee are unanimous in their support for SNDA. Additionally, her support brings the total number of SNDA supporters on the panel to 12, the majority needed for passage in committee.

Despite Polis’ remarks, Capitol Hill observers said the plan for proceeding in the Senate with education reform and SNDA haven’t yet been settled.

Shawn Gaylord, director of public policy for Gay, Lesbian & Straight Education Network, said he’s also heard that Harkin wants to proceed with education reform in June, but plans for SNDA inclusion haven’t yet been settled.

“You hear conflicting opinions on how that’s going to move forward,” Gaylord said. “I would imagine in the next two weeks, we’ll learn a little more about what the real strategy is, but at the moment I still think there’s viewpoints about what’s happening.”

Spokespersons for Democratic senators wouldn’t confirm that plans are in place to amend the Elementary & Secondary Education Act reauthorization to include SNDA during a markup in June.

Justine Sessions, a HELP committee spokesperson, was mum on the components that would be included in education reform as she acknowledged the committee is working on crafting a bi-partisan package.

“We are continuing to work to craft a comprehensive, bipartisan bill to reauthorize ESEA, and are not commenting on any specific elements of the legislation,” Sessions said.

Alexandra Fetissoff, a Franken spokesperson, said SNDA is a “big priority” for her boss, but plans for the legislation remain unclear.

“Right now the status of the bill is in flux and we’re still working very hard to get it included,” Fetissoff said. “As of today, every Democratic member of the HELP committee is a cosponsor of SNDA, which demonstrates its strong support in the committee. Beyond that we can’t comment on ongoing negotiations.”

Whether a vote on an amendment would also take place during the committee markup to include the Safe Schools Improvement Act, another anti-bullying bill, remains unclear.

In the Senate, Sen. Bob Casey (D-Pa.) sponsors SSIA which, among other things, would require public schools to establish codes of conduct explicitly prohibiting bullying and harassment.

Larry Smar, a Casey spokesperson, said plans to pursue SSIA in education reform are similarly not yet pinned down at this point.

“We don’t yet know what will be in the base bill,” Smar said. “Sen. Casey has urged Senator Harkin to include SSIA in the ESEA reauthorization. Since so much is unknown at this point I can’t get into exact strategy.”

SSIA doesn’t enjoy the same level of support in the HELP committee as SNDA, so adoption of the Casey bill as part of education reform may be more challenging.

Three Democrats on the panel aren’t co-sponsors of SSIA: Sens. Hagan, Jeff Bingaman (D-N.M.) and Michael Bennet (D-Colo.).

Jude McCartin, a Bingaman spokesperson, said his boss sometimes supports bills even though he doesn’t co-sponsor them.

“Sen. Bingaman supports [and] hopes the reauthorization of ESEA contains strong anti-bullying [and] non-discrimination provisions, though at this point in the negotiations it is unclear what those might be,” McCartin said.

Adam Bozzi, a Bennet spokesperson, said his boss believes that SNDA is the best way to end anti-gay harassment of students.

“Sen. Bennet supports addressing bullying in our schools, particularly as it relates to GLBT students,” Bozzi said. “He believes the best approaches include the Student Non-Discrimination Act, which he has co-sponsored in the Senate.”

Given that Hagan, Bingaman and Bennett are co-sponsors for SNDA and voted in favor of “Don’t Ask, Don’t Tell” repeal last year, their support for the SSIA is likely should the measure come up in committee.

Additionally, Sen. Mark Kirk (R-Ill.) was an original co-sponsor for SSIA, so his affirmative vote could make up for any single Democrat that doesn’t support the measure. Additionally, Kirk’s co-sponsorship may encourage other GOP members of the panel to vote in favor of the bill.

The extent to which the White House will lobby for passage of an LGBT-inclusive ESEA reauthorization package also remains to be seen.

The White House hasn’t yet enumerated support for either the SNDA or the SSIA, although it has called for safer schools as part of education reform without specifically mentioning anti-LGBT bullying.

Shin Inouye, a White House spokesperson, said the administration will work with Congress to produce education reform legislation that provides protections against harassment.

“When the Elementary and Secondary Education Act is being considered, we look forward to working with Congress to ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment,” Inouye said.

Gaylord said the White House has expressed support for the anti-bullying policy, but hasn’t been visible in working to pass LGBT-inclusive education reform.

“What they might be doing behind the scenes, I don’t know,” Gaylord said. “I suspect one possibility may be that they’re waiting for stronger signals that this is really moving forward and, again, that could all become clear in the next week or two because it does seem like there’s some new activity happening.”

But the biggest challenge in passing LGBT-inclusive education reform legislation is ensuring that the enumerated protections meet majority approval in the Republican-controlled House.

Rep. John Kline (R-Minn.), chair of the House Committee on Education & the Workforce, has said he envisions education reform as a series of smaller bills as opposed to one larger piece of reform legislation.

Last week, Rep. Duncan Hunter (R-Calif.) introduced the first of these bills: the Setting New Priorities in Education Spending Act. The bill proposes to cut 43 education programs, many of which were already defunded in the final FY-2011 budget agreement signed into law by President Obama.

Alexandra Sollberger, a spokesperson for the House Committee on Education & the Workforce, was non-committal in response to an inquiry on whether Kline would be open to pro-LGBT elements in education reform.

“We are holding ongoing discussions with minority committee staff on the content of these bills,” Sollberger said.

But Sollberger said any provision dealing with safe schools would come up last in Kline’s plan for education reform legislation.

“The education reform bills will each address a different theme, such as flexibility, teachers, and accountability,” she said. “Any efforts to address safe school issues will likely come into play with the accountability legislation, which is likely to be the last piece of the puzzle.”

Polis said SNDA advocates in the House will work to build the number of co-sponsors for the legislation to enhance its chances for passage as part of education reform.

“Our work in the meantime … is to simply increase the number of sponsors and show that this piece of legislation will have among the top number of sponsors and supporters than any other legislation for ESEA,” Polis said.

As of deadline, the legislation has 132 co-sponsors — including two Republicans — which is more than the bill had in the last Congress when Democrats were in control of the House.

Another pending bill that would help LGBT students is the Tyler Clementi Higher Education Anti-Harassment Act, which would require colleges to establish policies against harassment.

Polis said the legislation is focused on higher education so wouldn’t be part of Elementary & Secondary Act reauthorization.

“It wouldn’t be included in ESEA,” Polis said. “That’s just the K-12 grade piece, so it would be a different area of federal law.”

Rep. Jerrold Nadler (D-N.Y.) reintroduced UAFA on Thursday (Blade photo by Michael Key)

Lawmakers initiated on Thursday a two-pronged approach to stop the separation of bi-national same-sex couples in the United States by introducing legislation and sending a letter to the Obama administration urging executive action.

Rep. Jerrold Nadler (D-N.Y.) reintroduced in the House the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the United States, while Sen. Patrick Leahy (D-Vt.) reintroduced companion legislation in the Senate.

Meanwhile, Rep. Zoe Lofgren (D-Calif.), ranking Democrat of the House Judiciary subcommittee on immigration, sent a letter to the Justice Department and the Department of Homeland Security — along with 47 other U.S. House members — urging administration officials to stop the deportations of foreigners in legally recognized same-sex marriages in the United States.

During a news conference Thursday, Nadler touted his newly reintroduced legislation, which has been languishing in Congress in various versions for more than a decade, as a means to “remove a wantonly discriminatory policy” in U.S. immigration code.

“Today, thousands of committed same-sex couples are needlessly suffering because of unequal treatment under our immigration laws, and this is an outrage,” Nadler said. “The Constitution guarantees that no class of single people will be singled out for differential and invidious treatment — and LGBT Americans should not, and must not, be excluded from that guarantee.”

In a statement, Leahy said UAFA is necessary because a key tenet of U.S. immigration policy is maintaining “family unity” — even for LGBT people — whom he said are often forced to choose between the country they love and the person they love.

“I hear from Vermont couples who face this difficult decision every year,” Leahy said. “No American should face such a choice. I hope that my colleagues who supported this important civil rights reform will join me in calling for fairness and equality in our immigration laws.”

Under current immigration code, straight Americans can sponsor their spouses for residency in the United States through the green card application process if their spouses are foreign nationals. The same rights aren’t available to gay Americans because they cannot marry in many places in the United States. Even where gay nuptials are recognized, Americans can’t sponsor their same-sex spouses for citizenship because the Defense of Marriage Act prohibits federal recognition of marriage equality.

Consequently, foreign nationals who are in committed relationships with gay Americans may have to leave the country upon expiration of their temporary visas or face deportation.

“It’s not only the partners in committed relationships that suffer, it’s their children, their extended families,” Nadler said. “Their communities and employers are all hurt when families are broken up.”

Shirley Tan (right) and Jay Mercado (left) with their two children and Rep. Jerrold Nadler (center) (Blade photo by Michael Key)

Shirley Tan, a Philippines native and lesbian Pacifica, Calif., resident, put a face to the need for passing UAFA during the news conference when she recounted how she was arrested in January 2009 by Immigrations and Customs Enforcement and threatened with deportation away from her partner for nearly 25 years, Jay Mercado, and their two children: Jashley and Joriene.

“When I think of UAFA, I am reminded of what that ICE officer told me when I was picked up — that if Jay is a man, this wouldn’t have happened,” Tan said. “Same-sex couples should be given the right to petition for their partners. It is just plain discrimination that until now, this great country cannot have equality among their citizens.”

Sen. Dianne Feinstein (D-Calif.) has since introduced private legislation to keep Tan and Mercado together in the United States with their children temporarily, and is expected to do so again during the 112th Congress. The bill must be reintroduced every two years. If not, or if Feinstein leaves the Senate, Tan would again face deportation.

UAFA has provisions that would impose penalties on those who would seek the exploit the opportunities provided under the legislation should it become law. Any person found to have entered into a fraudulent, permanent partnership for the purposes of obtaining a visa for another individual could be subject to five-year imprisonment or a $250,000 fine, or both. UAFA also requires bi-national couples to provide proof that they are partners as defined in the legislation.

Representatives from LGBT advocacy groups who were present at the news conference — including Human Rights Campaign President Joe Solmonese and National Gay & Lesbian Task Force Executive Director Rea Carey — commended Nadler for introducing the legislation and said the bill is badly needed to eliminate the inequities that bi-national same-sex couples face.

Rachel Tiven, executive director of Immigration Equality, expressed optimism about the chances of action from either Congress or the administration to provide relief to bi-national same-sex couples.

“Everything is coming together for LGBT Americans with foreign national partners,” Tiven said. “This is the time that have been waiting for. We are so close, we are so close at last to having truly equal rights for all American families — and LGBT immigrant families at the center of that change.”

The White House’s support for UAFA isn’t as strong as it is for other pro-LGBT legislation, such as the Employment Non-Discrimination Act.

Shin Inouye, a White House spokesperson, said President Obama “supports the goals of this legislation,” but didn’t explicitly endorse UAFA.

“He believes that Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country and thus we will work closely with Congress to craft comprehensive immigration reform legislation,” Inouye added.

The 100 co-sponsors that the House legislation had as of Thursday include the four openly gay members of Congress — Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.) — as well as House Minority Leader Nancy Pelosi (D-Calif.) and Reps. Mike Honda (D-Calif.), Sheila Jackson-Lee (D-Texas) and Jackie Speier (D-Calif.).

A proponent of comprehensive immigration reform, Polis during news conference said the inability of gay Americans to sponsor their foreign partners under current law is “just another example of how our broken immigration system is tearing apart.”

“Instead of continuing to discriminate against same-sex marriage, we should welcome immigrants who help grow our economy and make our country stronger,” Polis said. “Regardless of which side of the aisle one stands on, we all agree that our immigration system should reflect the values that our country hold dear. It should reward those who work hard and support families; instead, we have a system that breaks up families by deporting the loved ones of Americans.”

Movement on the UAFA in the House is expected to be difficult — to say the least — with Republicans in control of the chamber. Neither the office of U.S. House Speaker John Boehner (R-Ohio) nor the office of House Judiciary Committee Chair Lamar Smith (R-Texas), who’s known for anti-gay views, responded to the Washington Blade’s request to comment on the legislation.

During the news conference, Nadler said he’s spoken with Smith about having a hearing or a markup on UAFA, but added the Texas lawmaker was “non-committal.”

A House Democratic aide, who spoke on condition of anonymity, expressed pessimism about passage of UAFA both in the House Judiciary Committee and on the House floor because of the anti-gay Republican positions.

“The chairman has pretty strong stand against LGBT equality and against comprehensive immigration reform, so this might be the best Judiciary Committee to get optimistic about,” the aide said. “I don’t see Boehner bringing it up and I don’t see where you get enough Republicans [for passage] — even if you held the entire Democratic caucus together.”

No Republicans have signed on as co-sponsors for UAFA. Nadler said he’s spoken to some GOP lawmakers who have told him they’re “thinking about” signing on in support, although he declined to identify which lawmakers made these comments.

“We’d love to work with the Republicans on it, and we’re reaching out to see who we can get,” Nadler said.

In the Senate, where Democrats remain in control following the 2010 election, UAFA is seen as having as having brighter prospects, although challenges remain.

A Senate Democratic aide, who spoke on condition of anonymity, said Republican support would be needed to make progress on UAFA in the Senate despite Democratic control of the chamber.

“It is difficult to advance immigration-related legislation, and particularly difficult to do so without bipartisan support, and so we are focused right now on shoring up more support for the bill,” the aide said.

In the Senate, UAFA had 18 co-sponsors as of Thursday, including Assistant Majority Leader Dick Durbin (D-Ill.) as well as Sens. Ben Cardin (D-Md.), Bob Casey (D-Pa.), Kirsten Gillibrand (D-N.Y.) and Chuck Schumer (D-N.Y.). As in the House, the Senate version of the legislation has no Republican co-sponsors.

UAFA supporters have long advocated that comprehensive immigration reform is the best vehicle from moving the legislation forward in both chambers of Congress. Earlier this year, media reports emerged that key players for immigration reform in the Senate, including Schumer, had begun talks about comprehensive immigration reform legislation — intriguing LGBT advocates about the possibility of UAFA inclusion.

Rep. Luis Gutierrez (D-Ill.), a UAFA co-sponsor and leading proponent of comprehensive immigration reform, said during the news conference he’s heard about the immigration inequities facing LGBT people — as part of his “Campaign for American Children and Families” tour, which is aimed to address broader immigration and deportation concerns — and believes language to protect bi-national same-sex couples should part of any larger immigration package that passes Congress.

“If deportations or an inflexible visa system or any of the problems our immigration system are holding back and splitting up American families, it’s holding back gay and lesbian families as much or even more,” Gutierrez said. “That is why we need UAFA, and why it needs to be part of immigration reform.”

But whether immigration reform can pass both chambers of Congress — especially with Republicans in control of the House — remains to be seen, even though Obama mentioned it as legislative priority during the 2011 State of the Union address. Polis has told the Washington Blade passage is “unlikely” this Congress will pass immigration reform because many members of the Republican ran against it in their 2010 campaigns.

During the news conference, Nadler said he doesn’t know what the prospects are for passing comprehensive immigration reform in the 112th Congress, but said UAFA supporters will “press ahead” whether or not the larger bill goes forward.

As the new effort was launched to pass legislation, lawmakers also made their case with the Justice Department and the Department of Homeland Security to stop the separation of foreign nationals in legally recognized same-sex marriages administratively.

Lofgren announced at the news conference on Thursday that she and 47 other Democratic lawmakers sent a letter to the departments asking the Obama administration to take action — as she denounced the current situation under U.S. immigration law.

“Changing the law takes time, and that is something that so many of these families, including U.S. citizens, spouses and children, do not have,” Lofgren said. “Our administration, like all prior administrations, has the ability under current law to avoid the senseless destruction of families while the validity of the Defense of Marriage Act is tackled in the courts and in Congress.”

The letter maintains that the Obama administration has the authority to stop the deportations of foreign nationals in legally recognized same-sex marriage now that the president has found that DOMA is unconstitutional. On Feb. 23, U.S. Attorney General Eric General announced that Obama determined DOMA was unconstitutional and that the Justice Department would no longer defend the anti-gay law against litigation in court.

To the Department of Homeland Security, the lawmakers ask U.S. Citizenship & Immigration Services to hold the denial of green card applications for married same-sex couples until Congress repeals DOMA or the courts make a determination on the law’s constitutionality.

“We further ask that Immigration and Customs Enforcement (ICE) exercise its existing prosecutorial discretion in removal proceedings with respect to lawfully-married foreign nationals who would be eligible for immigration relief but for DOMA,” the lawmakers write. “ICE already exercises prosecutorial discretion and promotes efficient use of government resources by dismissing without prejudice certain cases in which a foreign national appears to be eligible for relief from removal on the basis of a pending petition or application.”

Adam Fetcher, a Department of Homeland Security spokesperson, said his department plans to respond to the lawmakers, but continues to enforce DOMA as directed by the Justice Department.

“The administration will respond to the members of Congress directly,” Fetcher said. “Pursuant to the attorney general’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including DHS, will continue to enforce it unless and until Congress repeals it or there a final judicial determination that it is unconstitutional.”

To the Justice Department, the lawmakers ask that the Board of Immigration Appeals and the Executive Office of Immigration Review issue a moratorium on removing married foreign nationals in same-sex marriages “who would be eligible to adjust their status to lawful permanent residence but for DOMA.”

Tracy Schmaler, a Justice Department spokesperson, said her department is reviewing the letter and will respond.

The letter from U.S. House members comes on the heels of a similar letter that Sen. John Kerry (D-Mass.) and 11 other U.S. senators sent last week to Obama administration seeking restitution for married bi-national same-sex couples. Rep. Rush Holt (D-N.J.), who is among the co-signers of the Lofgren letter, also last week sent a similar missive to the Obama administration.

Rep. Jared Polis (Blade photo by Michael Key)

Rep. Jared Polis (D-Colo.) announced support on Monday for an executive order that would protect LGBT people against bias in the workforce by prohibiting the federal government from contracting with companies that don’t have non-discrimination policies based on sexual orientation and gender identity.

“I would applaud that step,” Polis said. “I think that would show a lot of courage on behalf of the administration and demonstrate that they’re committed to moving to a discrimination-free workplace environment.”

The executive order endorsed by Polis during a Washington Blade interview has been seen as an interim alternative to passage of the Employment Non-Discrimination Act — legislation that would would bar job discrimination against LGBT people in most situations in the private and public workforce — while Republicans are in control of the House and progress on the measure is unlikely.

Polis’ announcement comes as House introduction of ENDA was expected this week. Harry Gural, a spokesperson for gay Rep. Barney Frank (D-Mass.), said his boss would announce when the legislation would be introduced on Wednesday, although the exact day for the debut of the bill isn’t yet final.

Polis has a dim view of the chances of passing ENDA — as well as other pro-LGBT legislation — for at least the next two years with House Speaker John Boehner (R-Ohio) in charge of the chamber.

“ENDA had several Republican co-sponsors, but I don’t think it’s likely the Republicans will advance employment non-discrimination,” Polis said

In the meantime, Polis said supporters in Congress should try to educate the public on the issue of job protection and grow the number of co-sponsors for ENDA.

“Nationally, we just need to continue to educate other members of Congress and their staff on what it means,” Polis said.

As he dismissed the prospects of passing pro-LGBT bills during the 112th Congress, Polis said the LGBT community will instead for this period have to focus on beating back anti-gay measures.

“I think we’ll be playing defense,” Polis said. “Certainly there are members of the Republican caucus that want to go after and attack some of the progress that’s been made [in the few] last years. I wouldn’t be surprised if we have to work hard to maintain that progress.”

Among the anti-gay measures that Polis said could emerge during the 112th Congress is revocation of “Don’t Ask, Don’t Tell” repeal and repeal of hate crimes protections legislation — both measures that were passed during the 111th Congress when Democrats had control of both the House and the Senate.

“Those are the two main pieces of progress that we made in the last [Congress], both of which nearly all the Republicans opposed,” Polis said.

Still, Polis expressed optimism about the Student Non-Discrimination Act — a measure he introduced earlier in March in the House along with Sen. Al Franken (D-Minn.) in the Senate.

The legislation, which as of Monday had 103 co-sponsors in the House, would prohibit discrimination, including harassment, against LGBT students in public schools throughout the country.

Polis predicted the number of co-sponsors for the legislation would continue to grow and would see increased support from both Democrats and Republicans.

“I think it’s one thing that conservatives and liberals can agree on — people should feel safe in school,” he said.

Polis noted that supporters of the legislation have been pushing for its inclusion — along with the Safe Schools Improvement Act, a measure requiring schools to set up anti-bullying policies — as part of education reform legislation, or Elementary & Secondary Education Act reauthorization, which President Obama has been calling on Congress to pass this year.

“It’s tied into the fate of ESEA reauthorization, and so if this Congress moves forward with reauthorization of the federal education law, I’m optimistic that we’ll be able to implement protections against bullying in the bill,” Polis said.

Still, Polis said he couldn’t at this point estimate the chances for the success of passing education reform — with or without anti-bullying or anti-discrimination language.

Polis said while the Democratic-controlled Senate intends to pursue broader education reform legislation, Republican leadership in the House is only “looking at a couple of changes rather than a full-out reauthorization.”

“It’s too early to tell whether the 112th [Congress] will issue major changes in federal education policy,” Polis said.

President Obama has yet to enumerate support for the Student Non-Discrimination Act, even though the Obama administration has taken steps to address bullying in schools, such as holding a summit on the issue in March. Polis said he hopes to work with the White House to obtain an endorsement for his bill.

“We’re working closely with the administration to fine tune these bills and help the administration deliver on its promise to reduce and end bullying,” Polis said.

Another larger vehicle that advocates are hoping to use to pass a pro-LGBT measure during the 112th Congress is comprehensive immigration reform.

As talks have reportedly begun again on Capitol Hill related to immigration, LGBT rights supporters are seeking to ensure this larger legislation would incorporate language that would allow gay Americans to sponsor foreign partners for residency within the United States. In the 111th Congress, standalone legislation that would have had this effect was known as the Uniting American Families Act.

But Polis dismissed the possibility of passing comprehensive immigration reform for the next two years — with or without UAFA-like language — given the current makeup of Congress.

“I don’t see much hope for comprehensive immigration reform given the fact that most of the members of the current majority ran against it, so it’s unlikely this Congress,” Polis said.

Still, Polis said he welcomed the decision from U.S. Citizenship and Immigration Services to hold in abeyance the deportation of foreign nationals who are seeking green cards through a same-sex American spouse, although he noted the limitation of this move.

“It’s certainly a step in the right direction, but keep in mind that those individuals would still be unable to work in this country and be unable to access various services legally, so it’s not really a solution,” Polis said.

Polis said he was unsure about prospects for another piece of expected legislation that would eliminate the federal tax on employer-provided health coverage for same-sex couples. In the previous Congress, the legislation was known as the Tax Equity for Health Plan Beneficiaries Act.

With the GOP in control of the House, Log Cabin Republicans has said it would push for the legislation and has maintained it has a shot at passage because it relates to lowering taxes, an effort that Republicans traditionally favor.

Polis said he supports the legislation, but deferred to Republican leadership on the chances of the bill passing over the course of the next two years.

“I think it’s unfair that same-sex couples have disparate treatment, but you’d have to ask the question to the Republican majority to see if they support it,” Polis said.

On “Don’t Ask, Don’t Tell” repeal, Polis said he’s awaiting certification for ending the law as the Pentagon implements training for open service in the U.S. military.

The repeal law that President Obama signed in December allows for repeal only after 60 days pass when the president, the defense secretary and the chair of the Joint Chiefs of Staff certify that the U.S. military is ready for open service. Servicemembers Legal Defense Network has called for expedited training to implement repeal more quickly in the armed forces.

Asked whether he thinks the training is proceeding at a satisfactory pace, Polis replied, “The proof will be in the pudding and we all look forward to the certification of the process — hopefully in the weeks or the very few months ahead when the policy formally is repealed.”

LGBT advocates have been calling on President Obama to issue an executive order that would provide explicit protections for gay service members who feel they’ve experienced discrimination in the armed forces. The White House hasn’t explicitly endorsed or rejected the idea, but has noted policy guidance stating that harassment or abuse based on sexual orientation would be unacceptable in the military.

Despite this call, Polis stopped short of endorsing such an executive order for the U.S. military.

“The military is not my area of expertise,” Polis said. “I’ve been on the board of the Air Force Academy for two years. I’m learning a lot more about defense issues, but I don’t really have an opinion on that yet.”

While expressing skepticism about the chances for  federal progress on LGBT issues in this Congress, Polis was optimistic about the prospects for a pro-LGBT bill in his home state of Colorado: a measure that would legalize civil unions.

“It passed the Senate and has the governor’s support, so hopefully it’ll pass the House,” Polis said.

Polis said lawmakers are pursuing civil unions instead of same-sex marriage legislation because no lawmaker introduced a measure to expand marriage in the state to include gay couples.

Obama hasn’t come out in favor of same-sex marriage, although in December he said he’s been “wrestling” with the issue. Many LGBT advocates have been calling on the president to continue his evolution and back marriage equality.

Asked whether support for same-sex marriage from the president would open the door for gay nuptials in Colorado, Polis replied, “I think the president’s journey is similar to the journey of many people here in Colorado. Many people aren’t quite sure what to think on this issue. They’ve come a long way from where they are or were a decade or two ago, and, of course, the younger generation is already there.”

“Just as the president is wrestling with this issue, many mainstream Americans are wrestling with this issue,” Polis added

Evaluating Obama’s work on LGBT issues as a whole, Polis said the president is “doing a great job” and emphasized Obama can’t enact legislation that members of the LGBT community have been pushing for on his own accord.

“Keep in mind that the president can’t initiate legislation,” Polis said. “It has to pass the House and the Senate. But with regard to his executive orders and his legal strategy — not defending [the Defense of Marriage Act] — I applaud his efforts. I think this administration has been working closely with the LGBT community on the issue of equality.”

U.S. Rep. Jared Polis (center) (Washington Blade photo by Michael Key)

One of the openly gay members of Congress on Thursday reintroduced legislation aimed to protect LGBT students against bullying and discrimination in school.

In the U.S. House, Rep. Jared Polis (D-Colo) introduced the Student Non-Discrimination Act — as Sen. Al Franken (D-Minn.) introduced companion legislation in the Senate — at a time when bullying of LGBT students is receiving considerable attention.

In a statement, Polis said “education is the right of every student” regardless of their actual or perceived sexual orientation or gender identity.

“It becomes more apparent with each case that this is a problem that is not going away — sometimes even teachers and administrators contribute to the problem,” Polis said. “The alarming increase in teen suicides has shown us just how far we are from making our children’s schools safe spaces.  We must take action to protect the safety of our students and enshrine the values of equality and opportunity in our classrooms.”

Modeled after Title IX of the Education Amendments of 1972, the Student Non-Discrimination Act would establish a comprehensive federal prohibition against discrimination in public schools against LGBT students. Additionally, the measure would also forbid schools from discriminating against based on the sexual orientation and gender identity and prohibit them from ignoring harassing behavior.

If enacted into law, violating the Student Non-Discrimination Act would lead to the loss of federal funding and give victims a legal cause of action for discrimination in public schools.

The lawmakers introduced the legislation on the same day President Obama held a White House conference to speak out and devise strategies against bullying in schools. Earlier in the week, Sen. Bob Casey (D-Pa.) introduced the Safe Schools Improvement Act in the U.S. Senate, which would require schools to establish anti-bullying policies.

Bullying against LGBT students received renewed attention late last year when several young men who were gay or perceived to be gay took their own lives after they were reportedly bullied. Among them was Tyler Clementi, a Rutgers University student, who leaped off the George Washington Bridge in September after a video was posted online of him reportedly having a sexual encounter with another man in his dorm room.

In a statement, Franken decried the bullying of gay students and said he’s committed to passing legislation that would remedy the situation.

“Unchecked bullying of LGBT students is unacceptable,” Franken said. “The high suicide rate for LGBT youth — as witnessed across the country over the past year — shows that we are falling drastically short in our efforts to protect our kids,” Franken said.

First introduced in the 111th Congress, the Student Non-Discrimination Act currently has 99 co-sponsors in the House and 27 co-sponsors in the Senate.

In a statement, Joe Solmonese, president of the Human Rights Campaign, praised Polis and Franken for reintroducing the legislation in Congress.

“Every child deserves an equal education free from discrimination, harassment and bullying,” Solmonese said. “Unfortunately, LGBT students have historically been alienated, harassed, and bullied in their schools, with little or no intervention from school personnel. Far too many of these students have underperformed or dropped out in response to the lack of safety and support.”

Download a copy of the Senate version of the bill.

Rep. David Cicilline (D-R.I.) (Blade photo by Michael Key)

He joins gay Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wisc.) and Jared Polis (D-Colo.), who were reelected in November.

“I am thrilled to be the next congressman from Rhode Island’s First District and so grateful to the members of the LGBT community who supported my campaign,” Cicilline said on election night. “I look forward to going to Washington and fighting for the issues important to all of us — creating good jobs, protecting Social Security, working to fight global climate change and, of course, fighting for full equality for our community.”

The former Providence mayor succeeds Rep. Patrick Kennedy, who retired. He ran in a Democratic stronghold and was a powerhouse fundraiser. According to Federal Election Commission reports, Cicilline raked in nearly $1.7 million over the course of his campaign.

Cicilline earned the endorsement of many national LGBT organizations, including the Human Rights Campaign and the Gay & Lesbian Victory Fund.

“This is an historic day for LGBT Americans, and another step toward a government that truly reflects our country’s diversity,” said Chuck Wolfe, president and CEO of the Victory Fund.

Michael Cole, an HRC spokesperson, said on election night that he was “thrilled” that Cicilline will join the 112^th Congress.

“No doubt he will carry on the record of retiring Rep. Patrick Kennedy in ensuring Rhode Island’s first district is represented by an effective congressman in promoting equality for all people,” Cole said.

Cicilline defeated John Loughlin, a Rhode Island State Assembly member, who was accused by some of using gay-baiting tactics late in the campaign. Loughlin ran ads emphasizing that he’s a husband and a father — possibly a reference to the fact that Cicilline is gay and single — and defended “Don’t Ask, Don’t Tell” during a debate.

Cicilline was the only one of three prominent openly gay congressional candidates to emerge victorious in a tough night for Democrats. Steve Pougnet, who’s gay and mayor of Palm Springs, Calif., lost his bid to unseat six-term incumbent Rep. Mary Bono Mack (R-Calif.). And Ed Potosnak, a schoolteacher and former staffer for Rep. Mike Honda (D-Calif.), lost his bid to unseat Rep. Leonard Lance (R-N.J.), a one-term incumbent.

2010 was an eventful year for the LGBT community in Washington. Here are some of the more enduring images in the Blade archive of events from July to December.

To see part one, click here.

(Washington Blade photos by Michael Key)

Rep. Jared Polis (Blade photo by Michael Key)

The outgoing U.S. House speaker who lost her position as a result of the Republican wave on Election Day has already earned an endorsement to stay on as Democratic leader from one of three openly gay members of Congress.

In a statement on Friday, Rep. Jared Polis (D-Colo.) announced that he’s backing U.S. House Speaker Nancy Pelosi in her bid to become House minority leader in the 112th Congress.

“I strongly support the Speaker and her decision to run for Democratic Leader,” he said. “She has been a longstanding and ardent supporter of the LGBT community and I will do anything to help continue her leadership.  The Speaker has led the Democrats out of the wilderness before and I am confident she can do it again.”

Pelosi announced her intention to pursue the position of House minority leader on Friday in a statement staying she wanted to remain head of the Democratic caucus to protect the advances her party made under her leadership.

“As a result of Tuesday’s election, the role of Democrats in the 112^th Congress will change, but our commitment to serving the American people will not,” she said. “We have no intention of allowing our great achievements to be rolled back. It is my hope that we can work in a bipartisan way to create jobs and strengthen the middle class.”

Pelosi said she based her decision to seek the position as minority leader on conversations she’s had with Democratic colleagues as well as “the urgency” of protecting achievements such as health care reform, financial reform, Social Security and Medicare.

After the start of the lame duck session in the week of Nov. 15, the new Democratic caucus will vote on who would become leader of the party in the U.S. House. As of the time of this posting, no other Democratic member had officially announced an intention to challenge Pelosi for the role.

The Blade will have a more complete report on Pelosi’s bid to become House minority leader next week.

CORRECTION: An earlier version of this posting incorrectly stated that the Democratic caucus would vote on who would become minority leader next year.