October 20, 2021

Reps. Castro, Cicilline, Titus and Congressional Members Urge State Department to Rescind Policy Prohibiting Diplomats from Defending Marriage Equality

WASHINGTON, DC – Congressmembers Joaquin Castro (TX-20), David Cicilline (RI-01), Dina Titus (NV-01) and 58 other members of Congress sent a letter to Secretary Antony Blinken, urging the State Department to update a policy that prohibits U.S. diplomats from discussing constitutional rationale in favor of marriage equality in countries engaged in active public debate.

“The State Department maintains a “neither for nor against” policy, whereby our diplomats are barred from addressing marriage or partnership rights for same-sex couples,” the members wrote. “While we recognize that many countries are not at the point of legal partnership recognition, and that far too many countries continue to criminalize same-sex couples rather than recognizing their right to marry, the legal landscape is quickly evolving. There are now 29 countries, including in Asia and in Central America, that affirm marriage for same-sex couples. Where marriage is a significant public issue abroad, we trust you would want your Administration to be standing on the right side of history.”

The letter is also signed by Representatives: Jake Auchincloss, Carolyn Maloney, James McGovern, Paul Tonko, Juan Vargas, Ted Deutch, Chrissy Houlahan, Andy Levin, Ilhan Omar, Peter Welch, Ted Lieu, Ann Kirkpatrick, Sara Jacobs, Earl Blumenauer, Abigail Spanberger, Mark Takano, Bonnie Watson Coleman, Dwight Evans, William Keating, Mark Pocan, Jim Costa, Mondaire Jones, Colin Allred, Dean Phillips, Jan Schakowsky, Ritchie Torres, Chris Pappas, Sharice Davids, Barbara Lee, Adriano Espaillat, Albio Sires, Jerrold Nadler, Lois Frankel, Madeleine Dean, Angie Craig, Tom Malinowski, Danny Davis, Nikema Williams, Scott Peters, Jennifer Wexton, Sean Maloney, Norma Torres, Jackie Speier, Grace Meng, Kathy Manning, Alan Lowenthal, Raja Krishnamoorthi, Anna Eshoo, Bill Foster, Linda Sánchez, Joe Neguse, Suzanne Bonamici, Jahana Hayes, Adam Schiff, Josh Gottheimer, Mike Doyle, John Yarmuth and Brian Higgins.

Full letter text is available below and here.

Dear Secretary Blinken,

We write on an issue that we believe to be dear to your heart, the fundamental right to marriage equality for same-sex families. We write now because we believe the same moral leadership is important on the world stage, and unfortunately the State Department is operating under an outdated policy by which U.S. diplomats are prohibited from even discussing our country’s own constitutional rationale in favor of marriage in countries where the issue is under active public debate.

The State Department maintains a “neither for nor against” policy, whereby our diplomats are barred from addressing marriage or partnership rights for same-sex couples. While we recognize that many countries are not at the point of legal partnership recognition, and that far too many countries continue to criminalize same-sex couples rather than recognizing their right to marry, the legal landscape is quickly evolving. There are now 29 countries, including in Asia and in Central America, that affirm marriage for same-sex couples. Where marriage is a significant public issue abroad, we trust you would want your Administration to be standing on the right side of history.

President Biden’s February “Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World” calls on the United States “to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world.”  Part of that example means that our diplomats should have the ability to explain why our Supreme Court found marriage equality to be a constitutional right. And why, in the words of Justice Kennedy, the Court based its ruling on the recognition that “[n]o union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.”  

We do not ask the State Department to speak to marriage in every country or context. But we do ask the Department to provide the opportunity to U.S. personnel to defend our values and the dignity of our LGBTQI families at appropriate moments when the power of our example might make a meaningful difference. The Administration’s February Memorandum also calls on agencies to review and rescind inconsistent policies. The State Department’s outdated policy of mandated indifference should be rescinded as a matter of urgency.