Barney Frank Won’t Co-Sponsor Jerrold Nadler’s DOMA Repeal

Saying he has a “strategic difference” with NY Rep. Jerrold Nadler and other Congress members signing on to Nadler’s DOMA repeal bill, Rep. Barney Frank will not be signing on as a co-sponsor. Frank objects to a portion of the bill that would allow gay couples who marry out of state to file for federal benefits in their home states which don’t recognize same-sex marriage. Via Washington Blade:

“It’s not anything that’s achievable in the near term,” he said. “I think getting [the Employment Non-Discrimination Act], a repeal of ‘Don’t Ask, Don’t Tell,’ and full domestic partner benefits for federal employees will take up all of what we can do and maybe more in this Congress.” Frank also said that advocacy for the “certainty provision,” as described by Nadler, would create “political problems” in Congress. “The provision that says you can take your benefits as you travel, I think, will stir up unnecessary opposition with regard to the question of are you trying to export it to other states,” he said. “If we had a chance to pass that, it would be a different story, but I don’t think it’s a good idea to rekindle that debate when there’s no chance of passage in the near term.”

Nadler defended the legislation in a statement, saying that claims made by repeal opponents shouldn’t prevent the bill’s introduction. “Mr. Frank knows better than anyone that our opponents will falsely claim that any DOMA repeal bill ‘exports marriage’ in an effort to generate fear and misunderstanding,” Nadler said. “But the dishonest tactics of our opponents should not stop us from aggressively pushing to end this horrific discrimination now, as is the consensus of the nation’s top LGBT groups who all support this approach.” Nadler emphasized that the proposed bill wouldn’t force any state to marry gay couples or recognize same-sex couples under state law. “Our bill allows states to continue deciding those questions, while ensuring uniform access to critically important federal responsibilities and rights that hinge on marriage and upon which all married couples should be able to rely,” he said.

Frank cites a federal lawsuit filed by the Gay & Lesbian Advocates and Defenders as having a better chance of overturning DOMA.