Conservatives Try To Block Lesbian Nominee To Hud Post

WASHINGTON - On paper at least, Roberta Achtenberg should be a shoo-in for confirmation as an assistant secretary of housing and urban development.

A civil-rights lawyer, San Francisco supervisor and mother of a 7-year-old boy, Achtenberg was the first elected official in California to endorse Bill Clinton's presidential candidacy. But her nomination to become a HUD official is under attack, despite a 14-4 recommendation from a Senate committee.

The reason: She is a professed lesbian and a fierce champion of gay causes who has attacked the Boy Scouts of America for barring openly homosexual members and Scout leaders.

With the support of conservative interest groups, Sen. Jesse Helms, R-N.C., has maneuvered to delay consideration of Achtenberg's nomination. But White House officials and Democratic Senate aides believe Helms has little chance of preventing the confirmation of the first avowed homosexual ever nominated for a federal senior executive post.

But Helms, who used his senatorial prerogative to delay a routine vote on Achtenberg's nomination two weeks ago, seemed intent on mounting a rear-guard action against her confirmation.

Senate aides said there was no way to tell how long the delay would last and whether it would be resolved in behind-the-scenes discussions or go to a floor debate.

The controversy over the nomination marks the second time in Clinton's presidency that the administration has been caught in a

political fight over homosexuals. The White House is still involved in the battle over Clinton's promise to end the military's ban on homosexuals.

The issue comes at a time of heightened awareness of gay issues, particularly after last month's gay-rights march, in which Achtenberg participated.

Most damaging to the 42-year-old lawyer's prospects in the Senate has been her opposition to the Boy Scouts' anti-gay admissions policy.

Last year, she supported a resolution requiring San Francisco to withdraw $6 million in deposits from the Bank of America because the bank contributed to the Boy Scouts. She also supported efforts to bar the Scout movement from using school facilities to promote its "learning for life" program as long as the movement refused to admit openly gay Scouts and troop leaders.

"These sorts of cases show that she will use a position of influence to fight anyone who disagrees with her agenda," said Elizabeth Law, spokesman for the Family Research Council of America, which opposes Achtenberg's appointment.

Achtenberg has declined to give interviews while her confirmation is pending. But friends have said that if she is confirmed, her "life partner," Mary Morgan, who is a San Francisco municipal judge, and their 7-year-old son, will move to Washington. Benjamin is the biological child of the couple, according to a close friend who would not say which woman bore the child.

As an assistant secretary in charge of fair housing and equal opportunity, Achtenberg would supervise 700 employees and earn $115,700 a year, compared with the $24,000 she has earned as a San Francisco supervisor.

A major issue in her appointment as HUD's chief enforcement official is likely to be her interpretation of the Fair Housing Act, which seeks to eradicate discrimination in the availability of housing on the basis of race, gender, national origin, disability or familial status.

Questioned during her confirmation hearing on whether she intended to interpret the law as providing protection for gay rights, she replied that her job was simply to carry out the law and that any change to the law would be made by Congress, not by her.

But she left open the question of interpretation. "I will bring to this task every bit of ingenuity I possess, a demonstrated willingness to persevere against the odds, and a fervent commitment to work hard . . . to make this nation's fair housing dream a reality for those who have been pushed aside and forced to live separate and apart," she said.

Aside from her activities relating to the Boy Scouts issue, as a San Francisco supervisor, Achtenberg supported a plan to give health benefits to the partners of gay city employees. She also sponsored legislation that supported the rights of families with children to have equal access to housing.

Before joining the Board of Supervisors, Achtenberg served as executive director of the National Center for Lesbian Rights.

Gay activists make no secret of the importance they attach to Achtenberg as a trailblazer.

"She is a role model for our community," said William Waybourn, head of the Gay and Lesbian Victory Fund, a political-action committee for homosexual candidates. "We really want to show that gays and lesbians can fulfill jobs throughout the administration in a responsible manner."