DOMA, the Defense of Marriage Act has been struck down.
The demonstrated purpose is to ensure that if any State decides to recognize same-sex marriages, those unions will be treated as second-class marriages.
DOMA defines marriage as only between a man and a woman. Consequently, the federal government is unable to recognize same-sex marriages. Legally married same-sex couples will not receive the same federal benefits provided to heterosexual spouses. These can include health insurance, joint tax filing, and employment benefits. Additionally, it also prevents recognition as a spouse. This has far-reaching legal implications.
This raises a most serious question under the Constitution’s Fifth Amendment. (DOMA) humiliates tens of thousands of children now being raised by same-sex couples and makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.
In 1996, President Bill Clinton signed DOMA. With that swipe of his pen, he prevented same-sex couples the same legal rights of hetero married couples.
These were couples who legally married in their home state. The Obama administration defended DOMA.
Finally, in 2011, the Justice Department ceased defense of DOMA.
On the same day as the DOMA ruling, the U.S. Supreme Court sent California’s ban on Proposition 8 down to a lower court. This lifts the ban and makes same-sex marriage legal. This is exciting news for many same-sex couples. It is also great news for the budget of the state of California.
UCLA estimates 37,000 California same-sex couples are likely to marry in the next three years.
Interestingly this is expected to generate more than $490 million in business revenue and $40 million in state taxes.
During an Air Force One Flight President Barack Obama placed a phone call to Prop 8 plaintiffs sharing his thoughts.
The Supreme Court has righted that wrong, and our country is better off for it. This ruling is a victory for couples who have long fought for equal treatment under the law. Families at long last, will get the respect and protection they deserve.
The fight for equal rights and equal benefits and equal protections for all married couples under federal law is not over.
Congressman Nadler explains.
The bill provides a uniform rule for recognizing couples under federal law. We salute today’s ruling. It is a tremendously important victory.
