CONTACTStaffCAREER OPPORTUNITIESADVERTISE WITH USPRIVACY POLICYPRIVACY PREFERENCESTERMS OF USELEGAL NOTICE
© 2024 Pride Publishing Inc.
All Rights reserved
All Rights reserved
By continuing to use our site, you agree to our Private Policy and Terms of Use.
The so-called defense of marriage act, as the bill's author, former Georgia congressman Bob Barr, asserted in testimony before the Senate Judiciary Committee in 2004, was never intended to "dictate morals from Washington." But the Clinton-era bill has done just that. Denying federal recognition to legal marriages from California or Massachusetts or New Hampshire not only has its measurable consequences -- the spousal benefits denied, the citizen sponsorship opportunities nixed -- but also carries with it broad implications of state-sanctioned discrimination, now a buzz phrase among gay and lesbian rights advocates. Whatever backflips antigay groups do to justify their positions, disapproval still has its roots in disgust and fear -- of showering with a gay service member, perhaps, or sharing restroom facilities with a transgender person.
Atty. Gen. Eric Holder's February announcement that the Obama administration won't defend section 3 of the law -- which defines marriage for federal purposes to the exclusion of gay people -- was a sea change with respect to LGBT rights, even if it may have been an inevitable one for this president: Legal challenges to DOMA in the jurisdiction of one federal court of appeals forced the hand of the administration to determine whether laws discriminating on the basis of sexual orientation warrant greater scrutiny.
"There is, regrettably, a significant history of purposeful discrimination against gay and lesbian people, by governmental as well as private entities, based on prejudice and stereotypes that continue to have ramifications today," Holder said. He went on to quote the landmark U.S. Supreme Court opinion in Lawrence v. Texas: "Indeed, until very recently, states have 'demean[ed] the existence' of gays and lesbians 'by making their private sexual conduct a crime.' " This is a thoughtful assessment for a Justice Department that until recently had deemed DOMA to be an adequate compromise for a "still-evolving understanding of the institution of marriage."
In March, House Democrats reintroduced legislation to repeal DOMA, accompanied by a first-ever companion bill in the Senate, sponsored by a healthy coterie of senators including Dianne Feinstein of California, Kirsten Gillibrand of New York, and Patrick Leahy of Vermont, chairman of the Senate Judiciary Committee. (Be on the lookout for the Senate's first hearing on the issue, should legislators put some muscle behind the bill.) Though the DOMA repeal bill doesn't stand a chance in the Republican-controlled House, its introduction is nevertheless an important step toward equality.
What's yet to be seen is whether President Obama will mitigate the harmful, everyday effects of a 15-year-old legislative mistake. "The administration took a middle-road position by acknowledging DOMA's unconstitutionality but continuing to enforce it until the courts or Congress invalidate or repeal it," Pizer says. "And yet there likely are many situations in which the administration legitimately can and should reduce the harmful effects of DOMA. We already have seen some examples, and I believe we will see more in the coming months."
Want more breaking equality news & trending entertainment stories?
Check out our NEW 24/7 streaming service: the Advocate Channel!
Download the Advocate Channel App for your mobile phone and your favorite streaming device!
From our Sponsors
Most Popular
Here Are Our 2024 Election Predictions. Will They Come True?
November 07 2023 1:46 PM
17 Celebs Who Are Out & Proud of Their Trans & Nonbinary Kids
November 30 2023 10:41 AM
Here Are the 15 Most LGBTQ-Friendly Cities in the U.S.
November 01 2023 5:09 PM
Which State Is the Queerest? These Are the States With the Most LGBTQ+ People
December 11 2023 10:00 AM
These 27 Senate Hearing Room Gay Sex Jokes Are Truly Exquisite
December 17 2023 3:33 PM
10 Cheeky and Homoerotic Photos From Bob Mizer's Nude Films
November 18 2023 10:05 PM
42 Flaming Hot Photos From 2024's Australian Firefighters Calendar
November 10 2023 6:08 PM
These Are the 5 States With the Smallest Percentage of LGBTQ+ People
December 13 2023 9:15 AM
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
Watch Now: Advocate Channel
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Latest Stories
Tennessee Senate passes bill making 'recruiting' for trans youth care a felony
April 14 2024 11:17 AM
Italy’s prime minister says surrogacy ‘inhuman’ as party backs steeper penalties
April 14 2024 10:36 AM
After decades of silent protest, advocates and students speak out for LGBTQ+ rights
April 13 2024 10:52 AM
11 celebs who love their LGBTQ+ siblings
April 13 2024 10:33 AM
The 10 most challenged books of last year
April 13 2024 10:06 AM
Mary & George's Julianne Moore on Mary's sexual fluidity and queer relationship
April 13 2024 10:00 AM
Investigation launched after man screams homophobic slurs at queer couples on D.C. metro
April 13 2024 9:59 AM
Germany makes it easier to change gender and name on legal documents
April 12 2024 6:06 PM
A youth's call to action on this Day of NO Silence
April 12 2024 5:00 PM
Democrats introduce resolution in support of LGBTQ+ youth
April 12 2024 4:35 PM
Colton Underwood is hoping to create a gay reality TV dating show
April 12 2024 4:28 PM