Support repeal of the Defense of Marriage Act (DOMA)

Legislation introduced, but prospects still weak

Updated: Friday, October 9th, 2009 | By Angie Drobnic Holan

Legislators have introduced a measure in the House of Representatives to repeal the federal law against same-sex marriage. They have 97 co-sponsors so far.

A reader e-mailed us about the measure, wanting to know whether we would move the meter from Stalled to In the Works. A couple of things stop us from changing our rating on this one, though.

The Defense of Marriage Act is a federal law passed in 1996 that says states do not have to recognize same-sex marriages performed in other states, and that the federal definition of marriage is a union of one man and one woman.

Rep. Jerrold Nadler, a Democrat from New York, introduced a repeal measure on Sept. 15. The proposal would repeal the Defense of Marriage Act and says that the federal government will recognize a marriage that is valid in the state it was performed, even if the couple lives in a state where the marriage is not valid.

The White House has not voiced support for the bill. We will be watching to see if President Barack Obama mentions it when he speaks at the annual dinner for the Human Rights Campaign, a gay rights organization, on Oct. 10, 2009.

Additionally, Rep. Barney Frank of Massachusetts, a prominent gay rights supporter, doesn't support the bill because he said it has no chance of passing. His office sent us this statement from Frank when we asked about it:

"I support the repeal of DOMA. But I think it is a mistake to raise the issue of people who are married in one state having legal recognition of any sort in another state. Given that there is no chance of enacting that, I think it will give our opponents a chance to distort things and therefore undercut our efforts on (other) bills we can pass."

We are keeping track of these new developments, but we do not find them significant enough to move the Obameter. The promise remains Stalled.

Sources:

Thomas, To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, accessed Oct. 2, 2009

Human Rights Campaign, Respect for Marriage Act Fact Sheet, accessed Oct. 6, 2009

Associated Press, Backers of gay marriage want to repeal federal law, Sept. 14, 2009

Obama is silent on Defense of Marriage Act repeal

Updated: Monday, June 15th, 2009 | By Angie Drobnic Holan

Supporters of same-sex marriage have expressed disappointment that the Obama administration is defending the Defense of Marriage Act in federal court.

The act, signed into law by President Bill Clinton in 1996, says that states do not have to recognize same-sex marriages performed in other states and that the federal government does not recognize same-sex marriage.

President Barack Obama said during the campaign he would work for the repeal of the act. But the law's constitutionality is being challenged in federal court. On June 11, 2009, the Obama administration defended the law's validity in a 54-page brief that said the law is consistent with equal protection and due process principles and does not violate the right to privacy.

Officials in the Obama administration and the Justice Department said that they are required to defend the law in court as long as it is still on the books. An Obama spokesman told the Los Angeles Times that Obama "remains fully committed" to his proposals on gay rights.

But supporters of gay rights still criticized the administration for the legal filing. 

The Human Rights Campaign said it had "grave concerns" about the arguments put forward in the brief.

"The administration apparently determined that it had a duty to defend DOMA in the courts. The president has just as strong a duty to put his principles into action, and end discrimination against (lesbian, gay, bisexual and transgender) people and our families," said HRC president Joe Solmonese in a statement. "We call on the president to send legislation repealing DOMA to Congress."

"It is time for you to use your leadership to translate these principles into meaningful action," he added.

The group Parents, Families and Friends of Lesbians and Gays also called for Obama to act "immediately" to overturn the law.

We searched the legislative database Thomas and were not able to find any introduced bills that would repeal the Defense of Marriage Act. Bloggers and Web sites on both the left and the right noted last month that language supporting the repeal had disappeared from the White House Web site. We also couldn't find any instances of Obama talking about repealing the act since he took office.

The administration contends it must defend laws that are on the books, but there are few signs of progress that Obama is trying to fulfill his promise. We rate this promise Stalled.

Sources:

PACER, Arthur Smelt and Christopher Hammer vs. United States of America, Justice Department brief in support of motion to dismiss, June 11, 2009 (available via Scribd.com )

Los Angeles Times, L.A. gay pride parade darkened by U.S. stance on marriage , June 15, 2009

Human Rights Campaign, Statement on the Obama Administration’s Defense of the Defense of Marriage Act In the Smelt v. U.S. Case , June 12, 2009

Parents, Families and Friends of Lesbians and Gays, PFLAG Denounces the Department of Justice’s Arguments Supporting DOMA , June 12, 2009

Thomas, The Defense of Marriage Act

Think Progress, White House Eliminated Pledge To Repeal Defense Of Marriage Act From Website , May 4, 2009

Americans for Truth, White House Pulls Obama’s Anti-DOMA Pledge from Presidential Website , May 9, 2009