[Congressional Record (Bound Edition), Volume 158 (2012), Part 3]
[Senate]
[Pages 3673-3674]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        DEFENSE OF MARRIAGE ACT

  Mr. LEAHY. I am moved today to talk about Frances Herbert and Takako 
Ueda of Dummerston, VT. This loving couple is legally married under the 
laws of Vermont. Yet, like many Americans, they are being hurt by the 
Defense of Marriage Act despite the protections provided them under the 
laws of the State in which they live. Ms. Ueda is a Japanese citizen. 
Recently, her petition to become a lawful permanent resident of the 
United States, as the lawful spouse of a United States citizen, was 
denied for the sole reason that she and her lawful spouse happen to be 
of the same gender. This case underscores not only the harm that 
current Federal law causes to same sex couples, but the additional 
hardship placed upon same sex binational couples whose marriages are 
not recognized as the foundation of a spousal-based green card 
petition.
  Last summer, I chaired a hearing before the Senate Judiciary 
Committee to examine the impact of the Defense of Marriage Act. We 
heard from many different witnesses about how this Federal law has 
singled them and their families out and made them less secure than 
other families protected under State law. That historic hearing 
reflected steady progress toward a better understanding of the way in 
which that law hurts Americans and their loved ones. I have experienced 
profound change in my own views. I voted for the Defense of Marriage 
Act in 1996. And today I will not hesitate to acknowledge that my views 
have changed for the better. My own transformation came in part from 
the State of Vermont's drive towards greater equality for Vermonters. 
The Vermont Supreme Court's opinion in the landmark case of Baker v. 
State first gave rise to legislatively-enacted civil unions in Vermont. 
In Baker v. State, then-Chief Justice Jeffery Amestoy wrote that the 
court's decision was grounded in Vermont's constitution and was ``a 
recognition of our common humanity.'' A few years later, the Vermont 
legislature voted to provide full marriage equality. And other States 
have now followed this march toward equality for all committed couples.
  Our common humanity is what my friend Congressman John Lewis was 
describing when he spoke in opposition to the Defense of Marriage Act 
on the floor of the House of Representatives in 1996, and what he has 
continued to fight for and protect for so many years. Congressman Lewis 
saw this law for what it was with a clarity and conviction that I 
greatly admire. Congressman Lewis wrote in 2003 that we must have ``not 
just civil rights for some but civil rights for all.'' He was speaking 
of the rights of gay and lesbian Americans. I could not agree more.
  Our common humanity is what binds us together. It is what moves 
neighbors to help neighbors without regard to politics or ideology, and 
without judgment. It is what inspired the extraordinary generosity and 
giving spirit of Vermonters who helped each other following the 
devastation of Hurricane Irene, and which I and my family witnessed all 
over Vermont. I can think of few things more worthy of protection and 
respect than the universal bond that human beings form with each other.
  Despite Vermont's exercise of its sovereignty and the legislature's 
expression of the will of the people of Vermont, the Defense of 
Marriage Act stands as an obstacle to the full realization of the 
promise Vermont made to its citizens--just as it does to the citizens 
of every other State that has taken these steps toward justice and 
fairness.
  Frances Herbert and Takako Ueda are two Vermonters who know first 
hand the harm caused by this discriminatory Federal policy. For them, 
the issue is not ideological or political, it is deeply personal. They 
are legally married in the State of Vermont and have been formally 
committed to one another for more than a decade. Despite the fact that 
Vermont considers them to be a married couple, the Federal government 
does not. After many years of lawful presence in the United States, Ms. 
Ueda was faced with the impossible decision of choosing between her 
spouse and leaving the United States. Our Federal laws may split their 
family apart. This is unfair and it is wrong.
  Not only does the Defense of Marriage Act infringe upon the States' 
traditional and historic right to define marriage, it denies many 
Americans

[[Page 3674]]

equal treatment under the law. What good is a Federal law that dictates 
such a result? Ideological purity alone is not sufficient to overcome 
the harm that is caused. As I just acknowledged, my own thinking has 
evolved over the years as I have learned from my constituents and 
fellow Americans. Yet, repealing the Defense of Marriage Act would not 
force any State or individual to recognize a marriage they didn't agree 
with. Instead, it would restore the role that States have historically 
played in determining who can be married under its laws.
  I am confident that justice and fairness will prevail in the end. Our 
Nation is too noble and our sense of liberty too strong to tolerate 
injustice without end. I am heartened by the progress that we are 
seeing across the country. Public consciousness is evolving, and will 
reach the point at which discrimination based on sexual orientation 
becomes another sad relic of our past. I believe we will look back at 
these prejudices with disappointment and regret, just as we have at 
other points in our history. But the capacity of our Nation to evolve 
and progress is a defining characteristic of the American spirit. And 
the American people ultimately come to reject that which is 
fundamentally unfair and unjust.
  Just as Frances Herbert and Takako Ueda are living examples of just 
how devastating the Defense of Marriage Act is for so many Americans, 
there are others in Vermont who are facing and have faced the same 
struggles. Gordon Stewart, who testified before the Judiciary Committee 
in 2009, was compelled to sell his family's farm in Vermont and move 
abroad in order to live lawfully with his partner. Nancy Wasserman was 
compelled to leave Vermont and move to Canada to be able to live with 
her spouse. She can now legally enjoy the benefits of marriage that 
would otherwise be denied to her wife in the United States. Michael 
Upton, a doctor and native of Vermont is forced to live apart from his 
loved one. No Vermonter, and no American, should be forced to make this 
choice.
  In addition to my strong support for the repeal of the Defense of 
Marriage Act, I introduced the Uniting American Families Act to help 
right a part of this wrong. My legislation would grant same-sex 
binational couples the same immigration benefits provided to 
heterosexual couples. Passage of this important legislation would help 
put our country on par with over 25 other developed countries that 
value and respect human rights.
  In the United States, 10 states and the District of Columbia have 
marriage equality laws. The tide continues to swell in favor of same-
sex equality with the New Jersey Legislature passing a marriage 
equality bill this year, which was vetoed by Governor Christie. It is 
clear that Americans are increasingly accepting of same-sex loving 
relationships and marriages, and that more and more Americans are 
putting aside tired stereotypes and their personal preferences to 
support individual freedom and the basic rights of all Americans. Now, 
the Federal Government must respect the sovereignty of these States and 
the protections those States have provided its citizens.
  Having worked over many months to support Takako Ueda and Frances 
Herbert, it is clear to me that the love and devotion that they have 
for one another is no different or less sacred than that which I share 
with my wife, Marcelle. It is no less real, or important, or worthy of 
protection and recognition. I have been blessed to be married for 
nearly 50 years. Marcelle and I have been able to enjoy the family 
unity and the benefits that legal recognition provides, and which I 
hope all Americans would agree is fundamental.
  As the Senate moves through the second session of the 112th Congress, 
I will keep fighting for Takako Ueda and Frances Herbert, for Gordon 
Stewart, Nancy Wasserman, and Michael Upton, and for all Americans who 
face discrimination as the result of the Defense of Marriage Act. I 
know that justice is on our side.

                          ____________________