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Defense of Marriage Act - Wikipedia
The Defense of Marriage Act DOMA is a United States federal law passed by the th United States Congress and signed into law by President Bill Clinton. It defines marriage for federal purposes as the union of one man and one woman, for gay marriage essay, and allows states to refuse to recognize same-sex marriages granted under the laws of other states. All of the act's provisions except those relating to its short title were ruled unconstitutional or left effectively unenforceable by Supreme Court decisions in the cases of United States v.
Windsor and Obergefell v. Hodgeswhich means the law itself has been practically overturned, for gay marriage essay. Same-sex marriage emerged as an issue in the late s, drawing opposition especially from socially conservative groups.
Congressman Bob Barr and Senator Don Nicklesboth members of the Republican Partyintroduced the bill that became DOMA in May It passed both houses of Congress by large, veto-proof majorities, with opposition coming from approximately one-third of the Democratic caucus in both the House of Representatives and the Senate. Clinton criticized the law as "divisive and unnecessary," but nonetheless signed it into law in September Section 2 of the act allows states to deny recognition of same-sex marriages conducted by other states.
Section 3 codifies non-recognition of same-sex marriages for all federal purposes, including insurance benefits for government employees, social security survivors' benefits, for gay marriage essay, immigration, bankruptcy, and the filing of joint tax returns.
It also excludes same-sex spouses from the scope of laws protecting families of federal officers, laws evaluating financial aid eligibility, and federal for gay marriage essay laws applicable to opposite-sex spouses.
After its passage, DOMA was subject to numerous lawsuits and repeal efforts, for gay marriage essay. In United States v. Windsorthe U. Supreme Court declared Section 3 of DOMA unconstitutional under the Due Process Clausethereby requiring the federal government to recognize same-sex marriages conducted by the states.
In Obergefell v. Hodgesthe Court held that same-sex marriage was a fundamental right protected by both the Due Process Clause and the Equal Protection Clause. The ruling requires all states to perform and for gay marriage essay the marriages of same-sex couples, leaving Section 2 of DOMA as superseded and unenforceable.
The issue of legal recognition of same-sex marriage attracted mainstream attention infrequently until the s. A sympathetic reporter heard several gay men raise the issue in and described it as "high among the deviate's hopes". Nelson that limiting marriage to opposite-sex couples did not violate the Constitution. Baker later changed his legal name to Pat Lynn McConnell and married his male partner inbut the marriage was not legally recognized. Episcopal Church considered a ban on the ordination of homosexuals as priests.
The New York Times said the question was "all but dormant" until the late s when, according to gay activists, "the AIDS epidemic brought questions of inheritance and death benefits to many people's minds. Gary Bauerhead of the socially conservative Family Research Councilpredicted the issue would be "a major battleground in the s". Bowers withdrew a job offer to a lesbian who planned to marry another woman in a Jewish wedding ceremony.
The Conference of Bishops responded, "There is basis neither in Scripture nor tradition for the establishment of an official ceremony by this church for the blessing of a homosexual relationship, for gay marriage essay.
In Baehr v. For gay marriage essaythe Supreme Court of Hawaii ruled that the state must show a compelling interest in prohibiting same-sex marriage. The House Judiciary Committee 's Report called for DOMA as a response to Baehrbecause "a redefinition of marriage in Hawaii to include homosexual couples could make such couples eligible for a whole range of federal rights and benefits".
The main provisions of the act were as follows: [13]. Georgia Representative Bob Barrfor gay marriage essay, then a Republican, authored the Defense of Marriage Act and introduced it in the House of Representatives on May 7, Senator Don NicklesR Oklahoma, for gay marriage essay, introduced the bill in the Senate. Code to make explicit what has been understood under federal law for over years; that a marriage is the legal union of a man and a woman as for gay marriage essay and wife, and a spouse is a husband or wife of the opposite sex.
Nickles said, "If some state wishes to recognize same-sex marriage, they can do so". He said the bill would ensure that "the 49 other states don't have to and the Federal Government does not have to. Patricia Schroeder said, "You can't amend the Constitution with a statute. Everybody knows that, for gay marriage essay. This is just stirring the political waters and seeing what hate you can unleash. The Republican Party platform endorsed DOMA, referencing only Section 2 of the act: "We reject the distortion of [anti-discrimination] laws to cover sexual for gay marriage essay, and we endorse the Defense of Marriage Act to prevent states from being forced to recognize same-sex unions.
I believe marriage is an institution for the union of a man and a woman. This has been my long-standing position, and it is not being reviewed or reconsidered. The bill moved through Congress on a legislative fast track and met with overwhelming approval in both houses of the Republican -controlled Congress. On July 12,with only 65 Democrats and then Rep.
Bernie For gay marriage essay I-VT and Rep. Steve Gunderson R-WIin opposition, members of the U. House of Representatives— Republicans and Democrats—voted to pass DOMA. All Republicans in both houses voted for the bill with the sole exception of the one openly gay Republican Congressman, Rep. Steve Gunderson of Wisconsin.
While his stated position was against same-sex marriage, Clinton criticized DOMA as "unnecessary and divisive", [26] and his press-secretary called it "gay baiting, plain and simple". Years later, he said that he did so reluctantly in view of the veto-proof majority, both to avoid associating himself politically with the then-unpopular cause of same-sex marriage and to defuse momentum for a proposed Federal Amendment to the U.
Constitution banning same-sex marriage. InMike McCurrythe White House press secretary at the time, recalled that Clinton's "posture was quite frankly driven by the political realities of an election year in Ambassadordescribed the reaction from the gay community to Clinton signing DOMA as shock and anger.
Thus his signing of DOMA was viewed by much of the community as a great betrayal. Clinton did not mention DOMA in his autobiography. He spoke out against the passage of California's Proposition 8 and recorded robocalls urging Californians to vote against it. On August 13,during Netroots Nation, when confronted by LGBT activist Lane Hudson, Clinton explained that for gay marriage essay had to sign DOMA in order to prevent for gay marriage essay constitutional amendment that would proscribe same-sex marriage: "We were attempting at the time, in a very reactionary Congress, to head off an attempt to send a constitutional amendment banning gay marriage to the states.
And if you look at the eleven referenda much later—inin the election—which the Republicans put on the ballot to try to get the base vote for President Bush up, I think it's obvious that something had to be done to try to keep the Republican Congress from presenting that. In an op-ed written on March 7,for The Washington PostClinton again suggested that DOMA was necessary in order to preclude, at that for gay marriage essay, the passage of a constitutional amendment banning same-sex marriage and urged the Supreme Court, which would shortly hear arguments on United States v.
Windsorto overturn DOMA. Clinton's explanation for signing DOMA has been disputed by gay rights activist Elizabeth Birch: "InI was President of the Human Rights Campaign, and there was no real threat of a Federal Marriage Amendment. That battle would explode about eight years later, inwhen President Bush announced it was a central policy goal of his administration to pass for gay marriage essay an amendment. Evan Wolfson, who in ran the National Freedom to Marry Coalition, while an attorney at Lambda Legal, has also criticized the suggestion that DOMA was stopping something worse: "That's complete nonsense.
There was no conversation about something 'worse' until eight years later. There was no talk of a constitutional amendment, and no one even thought it was possible—and, of course, it turned out it wasn't really possible to happen. So, the idea that people were swallowing DOMA in order to prevent a constitutional amendment is really just historic revisionism and not true.
That was never an argument made in the '90s. However, political discussion of the possibility of using a constitutional amendment to restrict marriage rights was not unheard of in the s, for gay marriage essay.
In Januaryfor example, the House Judiciary Committee for the state of Hawaii voted 12—1 in favor of passing bill HBwhich was aimed at amending the constitution of Hawaii to define marriage as involving one man and one woman. state, for gay marriage essay, [44] though it was not until that a federal marriage amendment was first introduced in the U.
The General Accounting Office issued a report in identifying "1, federal statutory provisions classified to the United States Code in which benefits, rights, and privileges are contingent on marital status or in which marital status is a factor". Education loan programs and agriculture price support and loan programs also implicate spouses. Financial aid to "family farms" for example, is restricted to those in which "a majority interest is held by individuals related by marriage or blood.
Because the federal Employee Retirement Income Security Act ERISA controls most employee benefits provided by private employers, DOMA removed some tax breaks for employers and employees in the private sector when it comes to health care, pension, and disability benefits to same-sex spouses on an equal footing with opposite-sex spouses. ERISA does not affect employees of state and local government or churches, nor does it extend to such benefits as employee leave and vacation.
Under DOMA, persons in same-sex marriages were not considered married for immigration purposes. citizens and permanent residents in same-sex marriages could not petition for their spouses, nor could they be accompanied by their spouses into the U. on the basis of a family or employment-based visa. A non-citizen in such a marriage could not use it as the basis for obtaining a waiver or relief from removal from the U. Following the end of the U, for gay marriage essay.
military's ban on service by open gays and lesbians, " Don't ask, don't tell ," in Septemberfor gay marriage essay, Admiral Mike MullenChairman of the Joint Chiefs of Staffnoted that DOMA limited the military's ability to extend the same benefits to military personnel in same-sex marriages as their peers in opposite-sex marriages received, notably health benefits.
The Republican Party platform endorsed DOMA in general terms and indicated concern about judicial activism : "We support the traditional definition of 'marriage' as the legal union of one man and one woman, and we believe that federal judges and bureaucrats should not force states to recognize other living arrangements as marriages. InPresident George W. Bush endorsed a proposed constitutional amendment to restrict marriage to opposite-sex couples because he found DOMA to be vulnerable: "After more than two centuries of American jurisprudence and millennia of human experience, a few judges and local authorities are presuming to change the most fundamental institution of civilization.
Their actions have created confusion on for gay marriage essay issue that requires clarity. senators thought DOMA would survive a constitutional challenge.
President Barack Obama 's political platform endorsed the repeal of DOMA. United Statescontinuing its longstanding practice of defending all federal laws challenged in court.
On February 23,Attorney General Eric Holder released a statement regarding lawsuits challenging DOMA Section 3. He wrote: [59]. After careful consideration, for gay marriage essay, including a review of my recommendation, for gay marriage essay, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.
The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional, for gay marriage essay. Given that conclusion, the President has instructed the Department not to defend the statute in such cases.
He also announced that although it was no longer defending Section 3 in court, the administration intended to continue to enforce the law "unless and until Congress repeals Section 3 or the judicial for gay marriage essay renders a definitive verdict against the law's constitutionality. In a separate letter to Speaker of the House John BoehnerHolder noted that Congress could participate in these lawsuits.
On February 24, the Department of Justice notified the First Circuit Court of Appeals that it would "cease to defend" Gill and Massachusetts as well.
Teacher Blocks Gay Marriage Essay
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