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Nadler: President’s Extension of Benefits to Same-Sex Partners of Federal Employees a Good Step, But Falls Far Short of Solving the Problem

Today, Congressman Jerrold Nadler (D-NY), chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, voiced support for President Obama’s willingness to extend some benefits to same-sex partners of federal employees, but expressed strong disappointment that health care, retirement and other key benefits are excluded. Nadler issued the following statement:

“I thank President Obama for reiterating his commitment to repealing the Defense of Marriage Act (DOMA). And I commend the President for his willingness to address the issue of equal employment benefits for lesbian and gay employees, but I am extremely disappointed that health care, retirement and other key benefits for their partners have been left out of the package. Health care coverage is, in particular, a critical employment benefit. The President’s reluctance to extend these benefits because of the Defense of Marriage Act (DOMA) is unfortunate, particularly in light of recent rulings rejecting the argument that DOMA prevents extension of health benefits to the same-sex partners of federal employees and holding that the continued denial of those benefits violates government nondiscrimination policies.

“Today’s announcement, while a fine first step, falls dramatically short of what federal employees need, and, of course, does not at all provide the LGBT community the recognition and equal treatment under the law that are long overdue. To many of my constituents, today’s memorandum unfortunately feels less like real progress for civil rights, and more like a reactive effort to reassure gay and lesbian Americans and their supporters who were recently angered by the Justice Department’s offensive and unnecessary arguments in a case challenging DOMA.

“Speaking personally, I have gay and lesbian staff members who are being denied these rights, even, in some cases, after decades of service to the federal government. They cannot, as my straight staff members and many LGBT employees of America’s top companies can, provide health care or retirement security to their partners. This is unconscionable.

“LGBT federal employees deserve fully equal workplace benefits and LGBT Americans and their families deserve equal protection under the law. I hope that the President and Congress will go further in ensuring these rights. For my part, I have long objected to DOMA as unfair and unconstitutional, and I am working toward a legislative solution that will ensure security and equality for all American families. I urge my colleagues to contact me and join the effort toward equality for LGBT Americans.”
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