Re: DOMA

From:richard.socarides@gmail.com To: john.podesta@gmail.com CC: jennifer.m.palmieri@gmail.com, creynolds@hillaryclinton.com, rmook@hillaryclinton.com, nmerrill@hillaryclinton.com, mharris@hillaryclinton.com Date: 2015-10-25 17:53 Subject: Re: DOMA

And finally here are DOMA talking points from several years ago I did for president Clinton, which give a complete historical perspective. (Sorry for all the emails). The 1996 Defense of Marriage Act (DOMA) was a key strategic element of the Republican Party presidential campaign plan of that year. “The vehicle for Mr. Dole's mischief is the so-called Defense of Marriage Act, of which he is a lead co-sponsor in the Senate. …The legislation's only real agenda, of course, is to turn same-sex marriage, hardly the year's most pressing issue, into a flashpoint for a polarizing culture war in which gay people become the Willie Hortons of '96. The bill also forces Mr. Clinton, who says he opposes both same-sex marriage and anti-gay discrimination, into a corner. If he vetoes it, his opponents can portray him as a proponent of same-sex marriage; if he signs it, he endorses the gay-bashing that the bill transparently is. He's presumably praying it will never reach his desk.” Frank Rich, A Gay-Rights Victory Muffled, The New York Times, May 22, 1996. “Meanwhile, Senate Majority Leader Bob Dole is preparing to use President Clinton’s outreach to homosexuals as a wedge issue in the fall campaign” Paul Bedard, Gay ‘marriages’ likely to become hot-button issue in presidential race, The Washington Times, May 2, 1996. “And Republicans thought they had a sure winner in the gay marriage issue.” Howard Fineman, Dulling a Sharp Wedge,Newsweek, June 3, 1996. “…a Bob Dole for President publicity stunt. The Senate majority leader made a political calculation to become an original co-sponsor of [DOMA]… Clearly, Dole is trying to inject this issue into the presidential race…” Press Release, Human Rights Campaign, Anti-Gay Marriage Bill Unconstitutional Federal Intrusion, HRC Says – Largest National Gay Political Group Dubs Congressional Hearing ‘a Bob Dole for President Publicity Stunt,’ May 15, 1996. President Clinton – the first president ever to support gay rights – had also been on record since at least 1992 as opposed to same-sex marriage. “Mr. Clinton has long supported gay rights, solicited financial support from homosexuals and paid a heavy price for his effort to end the ban on homosexuals in the military. …George Stephanopoulos, a senior Presidential adviser who has overseen the issue, said: “It's wrong for people to use this issue to demonize gays and lesbians and it's pretty clear that that was the intent in trying to create a buzz on this issue. But the fact remains that if the legislation is in accord with the President's stated position, he would have no choice but to sign it.”” Todd S. Purdum, President Would Sign Legislation Banning Homosexual Marriages, The New York Times, May 23, 1996. “Bill Clinton’s decision to support a ban on single-sex marriage wasn’t a surprise to gay-rights leaders inside the beltway.” Howard Fineman, Dulling a Sharp Wedge,Newsweek, June 3, 1996. President Clinton was an outspoken critic of the motives behind DOMA. “Clinton said gay marriage “is hardly a problem that is sweeping the country” because no state had legalized it. Republicans, he said, had brought it up as “one more attempt to divert the American people from the urgent need to confront our challenges together.”” Barbara Vobejda, Clinton Defends Record on Gay Rights, Opposition to Same-Sex Marriage, The Washington Post, May 24, 1996 “I have also said I have no intention of being a party to letting this legislation moving through Congress become an excuse for diverting and dividing the American people and getting into a round of gay-bashing. I am bitterly opposed to that. I will not participate in it.” Remarks by President Clinton from the Rose Garden, June 7, 1996 “…gay baiting, pure and simple.” Mike McCurry, White House Press Secretary, July 12, 1996. DOMA passed both houses of Congress by wide, veto-proof margins (there were only 14 “No” votes in the entire Senate). Even in signing the legislation, President Clinton issued a warning. “I also want to make clear to all that the enactment of this legislation should not, despite the fierce and at times divisive rhetoric surrounding it, be understood to provide an excuse for discrimination, violence or intimidation against any person on the basis of sexual orientation. Discrimination, violence and intimidation for that reason, as well as others, violate the principle of equal protection under the law and have no place in American society.”Statement by President Bill Clinton, September 20, 1996 In 2009, Clinton called for the repeal of DOMA, specifically endorsed repeal legislation, and announced his support of full marriage equality. “Throughout my life I have opposed discrimination of any kind," Clinton said in the statement. "When the Defense of Marriage Act was passed, gay couples could not marry anywhere in the United States or the world for that matter. Thirteen years later, the fabric of our country has changed, and so should this policy.” Kerry Eleveld, Respect for Marriage Act Debuts,Advocate.com, September 15, 2009 “So I said, you know, I realized that I was over 60 years old, I grew up at a different time, and I was hung up about the word. I had all these gay friends, I had all these gay couple friends, and I was hung up about it. And I decided I was wrong…. I had an untenable position. ” President Clinton to Anderson Cooper, CNN.com, September 25, 2009 Richard 917-400-6178 > On Oct 25, 2015, at 3:27 PM, Richard Socarides <richard.socarides@gmail.com> wrote: > > Something like this: > > Since I was asked on Friday about the Defense of Marriage Act in an interview on MSNBC, I've checked with people who were involved then to make sure I had all my facts right. It turns out I was mistaken and the effort to pass a constitutional amendment banning same-sex marriage came some years later. The larger point I was trying to make about DOMA, however, is still true. It was neither proposed nor supported by anyone in the Clinton administration at the time. It was an effort by the Republicans in Congress to distract attention from the real issues facing the country by using gay marriage, which had very little support then, as a wedge issue in the election. The legislation passed by overwhelming veto-proof margins in both houses of Congress and President Clinton signed it with serious reservations he expressed at the time. Luckily the country has evolved way beyond this in the last 20 years and most Americans, including the Supreme Court, now embrace LGBT equality. We are a better country for it. Although there is much work that remains, and I'm eager to help advance the day when we are all truly equal. > >> On Sun, Oct 25, 2015 at 3:13 PM, Richard Socarides <richard.socarides@gmail.com> wrote: >> I think it's better to be proactive because this will fester plus she's going to get this question again anyway soon enuf. >> >> I've been speaking with Maya. Best if she says something to a reporter herself. She could call Chris Geidner at BuzzFeed. I know that's hard. >> >> Second best is put out a statement on paper. Either from her or you or Jen. I could help write it. >> >> Third option, possible for somebody to call a reporter on her behalf. Call someone with whom we have a relationship and explain, or I could call and try to explain it but this is definitely not as good as the first two, at least by itself. >> >> Richard >> 917-400-6178 >> >>> On Oct 25, 2015, at 3:06 PM, John Podesta <john.podesta@gmail.com> wrote: >>> >>> Richard, >>> Should we hunker down and not repeat the mistake or do we have to do something more proactive. >>> John >>> >>>> On Sunday, October 25, 2015, Richard Socarides <richard.socarides@gmail.com> wrote: >>>> Below from LGBT political list-serve: >>>> >>>> • Hillary Clinton, you have a problem: >>>> >>>> https://twitter.com/MSignorile/status/658306796797501440 >>>> >>>> http://www.huffingtonpost.com/michelangelo-signorile/bill-clinton-and-doma-the_b_2838666.html >>>> >>>> "That's complete nonsense," Evan Wolfson of Freedom to Marry told Metro Weekly in 2011. "There was no conversation about something 'worse' until eight years later. There was no talk of a constitutional amendment, and no one even thought it was possible -- and, of course, it turned out it wasn't really possible to happen. ... That was never an argument made in the '90s." >>>> >>>> • Hilary Rosen @hilaryr: @BernieSanders is right. Note to my friends Bill and #Hillary: Pls stop saying DOMA was to prevent something worse. It wasnt, I was there. >>>> >>>> • @JoeSudbay: @DavidMixner @MSignorile 96 Clinton campaign's radio ads touting his signature on DOMA undermines this revision too http://www.nytimes.com/1996/10/15/us/ad-touts-clinton-s-opposing-gay-marriage.html >>>> >>>> • @MSignorile: How does story from '96 fit Hillary claim DOMA was for our own good? --> Ad Touts Clinton's Opposing Gay Marriage http://nyti.ms/1LPfkVt >>>> >>>> • @DavidMixner: @MSignorile @sudbay Hillary's version of DADT and DOMA is so wrong. The only 'defensive posture' was for their personal politics not LGBT >>>> >>>> • @MSignorile: Even Elizabeth Birch, former head of @HRC & a Hillary supporter, slammed Bill for DOMA, refuting Hillary's story. http://www.huffingtonpost.com/elizabeth-birch/president-clinton-says-do_b_2840112.html >>>> >>>>> On Sat, Oct 24, 2015 at 10:54 PM, Jennifer Palmieri <jennifer.m.palmieri@gmail.com> wrote: >>>>> Plus Christina >>>>> >>>>> Sent from my iPhone >>>>> >>>>>> On Oct 24, 2015, at 9:27 PM, Richard Socarides <richard.socarides@gmail.com> wrote: >>>>>> >>>>>> Attached expanded TPs which incorporate Qs like when did you actually change your mind on gay marriage. >>>>>> >>>>>>> On Sat, Oct 24, 2015 at 6:24 PM, Jennifer Palmieri <jennifer.m.palmieri@gmail.com> wrote: >>>>>>> Thanks - plus others >>>>>>> >>>>>>> Sent from my iPhone >>>>>>> >>>>>>> > On Oct 24, 2015, at 5:19 PM, Richard Socarides <richard.socarides@gmail.com> wrote: >>>>>>> > >>>>>>> > First we have to remember that while that was only 19 years ago, it was a different time entirely. Luckily the whole country has evolved since then to a much better understanding about what it means to be LGBT. >>>>>>> > >>>>>>> > Bill never supported the defense of marriage act. It certainly was not a proposal made by his administration. And he called it unnecessary even at the time. It was a republican led effort to use a wedge issue against him in the election. It passed both houses of Congress with overwhelming veto-proof majorities and when he signed it, I think it was because he felt he had no other options. Had he vetoed it, his veto would surely have been overridden and it would've become a central issue in the campaign. I know he wasn't happy about it. And he expressed that at the time. Today I'm proud of the fact that he asked the Supreme Court overturn legislation that he himself signed. >>>>>>> > >>>>>>> > Luckily we are more enlightened country now – and I'm hopeful that if I'm elected I can help lead us to an even greater embrace of true equality. I've laid out a very specific plan in this regard. Including passage of the equality act, continued pressure on our allies to view LGBT rights in a human rights context, and perhaps most importantly, making sure that all Americans including young people experience the equality the the Supreme Court envisioned in this regard. >>>>>>> > >>>>>>> > If pressed about whether there was a constitutional amendment issue at the time DOMA was signed: you know, I'm not sure it matters at this point. Luckily we've evolved well beyond that period. Obviously there have been efforts to push a constitutional amendment banning same-sex marriage. Luckily it never came about. >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> > Richard >>>>>>> > 917-400-6178 >>>>>> >>>>>> >>>>>> >>>>>> -- >>>>>> Richard Socarides >>>>>> 917.400.6178 >>>>>> <DOMA.LGBT.TPs.Oct2015.docx> >>>> >>>> >>>> >>>> -- >>>> Richard Socarides >>>> 917.400.6178 > > > > -- > Richard Socarides > 917.400.6178