"Defense of marriage acts" (DOMA)

Trying to repeal the federal DOMA law

Sponsored link.

Background: U.S. Federal Government "DOMA" Law:

The federal "Defense of Marriage Act (DOMA)" of 1996:

	Prevents same-sex married couples from obtaining the over 1,100 federal benefits routinely given to opposite-sex married couples.
	Excuses states from recognizing legal same-sex marriages contracted in other states.

2009-SEP-15: Bill introduced to repeal federal DOMA:

Reps. Jerrold Nadler (D-NY), Tammy Baldwin (D-WI) and Jared Polis (D-CO), John Conyers (D-MI), John Lewis (D-GA.), Nydia Velazquez (D-NY) and Barbara Lee (D-CA), filed a bill in the U.S. House to create the Respect for Marriage Act. ₁ It initially has 91 co-sponsors.

Its purpose is to repeal the federal Defense of Marriage Act. This would allow all loving committed married couples in the U.S. access to the same 1,100 or so federal programs -- whether they be of the opposite-sex or same-sex. It would also expose the states to the requirement that they follow the "Full Faith and Credit Clause of the U.S. Constitution and require them to recognize same-sex marriages performed elsewhere. ₂

Addressing a Capitol Hill press conference, Nadler called the Respect for Marriage Act:

"... the first step to overturning the Defense of Marriage Act and sending that ugly law into the history books where it belongs. Our bill ensures that all married couples, including lawfully married same-sex couples, will have the same access to federal responsibilities and benefits, including critical programs like Social Security that are intended to ensure the stability and security of American families." ₃

If the bill becomes law, it would only give married same-sex couples access to federal benefits. Couples in civil unions or domestic partnerships would still be denied the benefits. Thus, most loving committed couples would have to go at least temporarily to another state to be married.

The bill contains a "certainty provision" that would allow married same-sex couples to receive the federal benefits even if they relocated to another state that did not recognize their marriage.

Nadler said that he expects supporters of the existing DOMA legislation to make "... false claims that our bill will force same-sex marriage on unwilling states. ... That dishonest [claim] should not stop us from aggressively pushing to end this horrible discrimination now. I?m confident that with a president who is committed to repealing and the broad, diverse coalition of Americans at our side ... we can and we will dump DOMA once and for all."

The Respect for Marriage Act would not interfere with the states' right to remain  in control of specifying which couples can marry in their jurisdiction.

Rep. Tammy Baldwin said that the repeal of DOMA is:

"... long overdue and an important step on the road to full equality for LGBT ₄ Americans. For the federal government to deny any legal married couple the hundreds of benefits and responsibilities that help protect their families is discrimination ? pure and simple."

Barney Frank (D-MA), the longest-serving openly gay member of congress is not among the co-sponsors of the bill. He said that he has a:

"... strategic difference? with those supporting the repeal legislation. ... It?s not anything that?s achievable in the near term. I think getting [the Employment Non-Discrimination Act], a repeal of 'Don?t Ask, Don?t Tell,' and full domestic partner benefits for federal employees will take up all of what we can do and maybe more in this Congress.

Frank also said the inclusion of the "certainty provision," would create problems in Congress. He said:

"The provision that says you can take your benefits as you travel, I think, will stir up unnecessary opposition with regard to the question of are you trying to export it to other states. If we had a chance to pass that, it would be a different story, but I don?t think it?s a good idea to rekindle that debate when there?s no chance of passage in the near term." ₃

He believes that a better approach is through the courts. He feels that the Gay & Lesbian Advocates & Defenders? (GLAD) current lawsuit has a better chance to overturn DOMA by having it declared unconstitutionsl. The lawsuit is Gill v. Office of Personnel Management. It targets the portion of DOMA that prevents the federal government from recognizing same-sex marriages.

The Washington Blade commented:

"In the Senate, activists are lobbying Sen. Russ Feingold (D-WI) to introduce a companion bill that would overturn the law. In a July interview with the Blade, Allison Herwitt, [Human Rights Campaign] HRC?s legislative director, said Feingold is 'the senator that has been ? liaising most with us and the House people' on the issue."

"Others who spoke in favor of the repeal legislation at Tuesday?s press conference were Reps. Barbara Lee (D-CA) and Mike Quigley (D-IL); Joe Solmonese, president of the Human Rights Campaign; Rea Carey, executive director of the National Gay & Lesbian Task Force; Evan Wolfson, executive director of Freedom to Marry; Alan Van Capelle, executive director of New York?s Empire State Pride Agenda; Christopher Anders, senior legislative counsel for the American Civil Liberties Union; and Shannon Minter, legal director for the National Center for Lesbian Rights." ₃

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

1. "Respect for Marriage Act," Scribd, 2009-SEP-14, at: http://www.scribd.com/
2. "Joe My God," "Rep. Jerrold Nadler's DOMA Repeal Bill Filed in U.S. House With 91 Co-Sponsors," 2009-SEP-15, at: http://joemygod.blogspot.com
3. Chris Johnson, "Nadler introduces bill to overturn DOMA," Washington Blade, 2009-SEP-15, at: http://www.washblade.com/
4. "LGBT" refers to individuals who identify themselves as Lesbian, Gay, Bisexual or Transgendered/Transsexual.

Site navigation:

Home > Religious info. > Basic > Marriage > SSM > SSM menu > DOMA > here

Home > "Hot" topics > Homosexuality > SSM > SSM menu > DOMA > here

Copyright © 2009 by Ontario Consultants on Religious Tolerance
Originally written: 2009-SEP-15
Latest update: 2009-SEP-15
Author: B.A. Robinson

Go to the previous page, or to the "DOMA" law menu, or choose:

Web ReligiousTolerance.org