Clinon & Obama - both have called for a repeal of DOMA (AP Photo/Brian Snyder)
New York Congressman Jerry Nadler is expected to introduce a bill in the next few weeks that would either fully or partially repeal the Defense of Marriage Act (DOMA), according to Politico. The bill, which would require the Federal government to recognize same-sex marriages, is expected to get dozens of co-sponsors, but it has yet to be seen just how much of DOMA the bill will actually repeal.
DOMA states that the Federal government will not recognize same-sex marriages, and basically denies same-sex couples 1,138 rights that opposite-sex couples enjoy, including Social Security survivor payments. DOMA also allows individual states to choose how they define the word marriage. Currently under DOMA, states can choose not to recognize same-sex marriages, even if the marriages were legally performed in another state. Proposition 8 would have never been introduced if DOMA did not exist.
The bill could repeal the entire Defense of Marriage Act, or it could focus on solely repealing Section 2, the portion that denies federal recognition. With so much controversy over same-sex marriage, it would probably be ‘easier’ for Congress to pass a bill that only repealed the federal section, and continued to allow individual states to choose how they define marriage.
Interesting turning points have occurred recently in regards to DOMA. Former President Bill Clinton, who signed DOMA into law, spoke out in support of a repeal. So did Bob Barr, the author of the discriminatory law. Even President Obama called for a repeal of DOMA during his campaign; however earlier this year the Department of Justice, under his administration defended the law. The initial brief by the DOJ vigorously defended DOMA to the point where it compared same-sex marriage to incest and underage marriage. The uproar from the public resulted in the DOJ rewording and downplaying their arguments, using words that were less harsh.
Where does this leave the LGBT community? Will the new bill propose a full or partial repeal of DOMA? Will Congress pass the upcoming bill once it’s introduced? Will President Obama ever sign a repeal if it gets to his desk? What are your thoughts? Leave your comments below.
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Comments
It's time.
Joe Mustich, Justice of the Peace,
Washington, Connecticut, USA.
Section 1 clearly violates the Full-Faith and Credit Clause of the U.S. Constitution:
"Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State."(Article IV, Section 1)
Section 2 clearly violates the Equal Protection Clause of the U.S. Constitution:
"no state shall ... deny to any person within its jurisdiction the equal protection of the laws" (Fourteenth Amendment)
Why is it that DOMA is allowed to stand when it is so clear that it violates the U.S. Constitution?
The certain member of general public and members of Congress definitely need a civics lesson.
DOMA shouldn't have to be repealed because it was illegal and unconstitutional to begin with.
I agree that all of DoMA should be repealed. Full equality is the only thing we should accept. That being said, I think we have to be realistic and equality in incremental steps is still leading to full equality. Therefore, I conclude that if Congress can get a reapeal of Section 2 of DoMA quicker and easier than trying to repeal the whole thing, I am all for a partial repeal.
It will never pass. It's too much of a political hot potato right now. Besides, Obama won't take a clear stand.
If he really wants it to happen he has to publically push hard for it. He can't do that and defend it in court too. Plus, a legislator (particularly a democrat) isn't likely to vote on it until he or she knows exactly where Obama stands on it.
God's anger will be heard and felt by all who goes against His Word that marriage should only be between a man and a woman, no same sex-marriages allowed or to receive the same benefits as those that follow God.
It will take the supreme court to render D-O-M-A D-E-A-D. Any act by congress less than full repeal is just a pony show.
Barr is an sicko, who threw the Nov 08 election to Bo. He also hates our military and wants to repeal DADT, which would allow toxic perverts in our military without any mechanism to discharge them.
Cantley
You people still don't get it. Not everyone believes in your god and even fewer belief public law should be based on your religion. This is a democracy, not a theocracy, and it is one where all citizens are guaranteed equal protection under the law. DOMA clearly enshrines exactly the opposite.
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