The Defense of Marriage Act has been a topic of debate since the news hit late Wednesday night, February 23, 2011. President Obama’s Department of Justice decided not to defend the Defense of Marriage Act and in doing so declared their belief that the law is unconstitutional, according to nytimes.com. This development helps the LGTB community in their fight for equality because it could prove to be a step towards the legalization of same-sex marriage. In 1996, a Hawaii court ruled in Baehr vs. Lewin that: “The state's prohibition of same-sex marriages amounted to discrimination on the basis of sex. Under the state's Equal Rights Amendment, the state would have to establish a compelling state interest supporting such a ban, a fairly strict standard” (Findlaw). This one case lead to an uprising, and the government struck back. Although President Bill Clinton reached out to the gay community when he was campaigning to be president, he signed several bills that discriminated against the gay community during his presidency. One of those acts was the Defense of Marriage Act.
According to domawatch.org, “ (DOMA) defines marriage as a legal union between one man and one woman for purposes of all federal laws, and provides that states need not recognize a marriage from another state if it is between persons of the same sex”. When the law was implemented, its consequences had a horrendous impact on the gay community. This meant that the federal government would not consider any same-sex couple to be legally “married” even if that couple is legally married in their state. When Hawaii opened the door to the possibility of same-sex marriage, they unintentionally set back the LGTB community by at least 15 years. 15 years after President Bill Clinton Signed the act that discriminated against the LGTB community, President Obama’s Department of Justice has determined that DOMA is unconstitutional. After looking at the Full Faith and Credit Clause, I have also come to the same conclusion.
DOMA is a clear violation of the Full Faith and Credit Clause, provided in Article IV of the US constitution. This clause “requires states to give full faith and credit to the public acts, records, and judicial proceedings of the other states” (Findlaw Legal Dictionary). The clause in DOMA that allows states not to recognize marriages from other states if it’s between persons of the same sex is a clear violation of this clause. If in the clause all public acts are required to be recognized in other states, then same-sex marriage should be recognized in other states outside of the state the marriage took place. Also, it is clearly discrimination by a person based on sexual orientation. Before this decision was made by Obama’s Department of Justice, the LGTB community was not considered a protected class. However, this decision will help to give precedent for the LGTB community to be considered a protected class, and possibly open the door for many rulings that favor the LGTB community.
The implications of Obama’s decision are not really clear. Right now, there are two cases going on in the second Circuit Court of Appeals that are dealing with the constitutionality of DOMA (scpr.org). If the Attorney General is not going to defend the cases, it makes it questionable whether someone else will defend the case. This is a giant leap forward for the LGTB community. The fact that Obama’s Justice Department is taking a stand on this issue shows the country is heading in a different direction with regards to the rights of the LGTB community. If respected public figures continue to show their acceptance of the LGTB community, the hop for equality may someday not just be a dream for many, but reality.
References
"1993: The Hawaii Case of Baehr v. Lewin - Divorce & Family Law Center." Divorce, Child Custody, Child Support, Marriage, Adoption - FindLaw Family Law Center. Web. 25 Feb. 2011. <http://family.findlaw.com/same-sex-couples/case-of-baehr-v-lewin.html>.
"Constitutional Principles behind Obama's DOMA Decision | 89.3 KPCC." Home | 89.3 KPCC. Web. 25 Feb. 2011. <http://www.scpr.org/programs/airtalk/2011/02/24/legal-aspects-of-doma/?c=58968>.
Defense of Marriage Act (DOMA): Legal Resources and Information. Web. 25 Feb. 2011. <http://www.domawatch.org/index.php>.
"Full Faith and Credit Clause: Definition of Full Faith and Credit Clause. Define Full Faith and Credit Clause." Dictionary of Law. Define Legal Terms at FindLaw. Web. 25 Feb. 2011. <http://dictionary.findlaw.com/definition/full-faith-and-credit-clause.html>.
Shear, Michael D. "Obama Decision on Marriage Act Has 2012 Implications - NYTimes.com." Politics and Government - 2012 Presidential Watch - The Caucus Blog - NYTimes.com. Web. 25 Feb. 2011. <http://thecaucus.blogs.nytimes.com/2011/02/24/obama-decision-on-marriage-act-has-2012-implications/?scp=1&sq=DOMA&st=cse>.
I did not know that it was Clinton who signed the Defense of Marriage Act. So crazy with all the other issues going on in the world that people are still focusing on what two consenting adults do. I have always liked the saying 'Against gay marriage? Don't marry one.' From what I have seen same-sex marriage is 'wrong' based solely on religious roots. Doesn't the bible also say not to judge? If it is so offensive against God then let him deal with it when a person who is homosexual has to 'answer' to him in front of those pearly gates.
ReplyDeleteThe controversy over gay and lesbian rights is the civil rights movement of our era. People who identify themselves as homosexual are still people. I think its astonishing how long it is taking for us to recognize that all people regardless of their lifestyle choices deserve the same rights. The ban on gay marriage effects homosexual couples on a deeper level than just the title of marriage. If gay couples are recognized by the government then insurance companies will be forced to recognize them too. This recognition will enable gay couples to be put on eachothers medical insurance plans as a spouse. The medical situation in America is in shambles and can financially ruin anyone who is unprepared for a crisis. By restoring the rights of the gay community we will be increasing the quality of life for countless couples who wish to do nothing more than live out their lives in a peaceful and joyous manner. Hopefully, as our government shifts to more modern thinking, these injustices will be rectified.
ReplyDeleteTo Teej-
ReplyDeleteYou are right, The Bible does say not to judge, and I really agree with you on that. It is a major religious controversy that that is going on in our country right now. I really hope that people will come to understand that the LGTB community can not help their actions, which they are born the way they are. I really enjoyed your comments!
To Chest-
ReplyDeleteIt seems like you are thoroughly informed about the politics involving the LGTB community. I like the point you made about spouses being put on insurance plans. This is something that many couples utilize and homosexuals are not able to do. Thank you for your comments!