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Diane Feinstein to Seek Repeal of Defense of Marriage Act (DOMA)
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by NowPublic Staff | February 23, 2011 at 02:28 pm
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US Senator Diane Feinstein to Introduce Bill to Repeal Defense of Marriage Act
Diane Feinstein (D-CA) will introduce a bill to the US Congress that would repeal the Defense of Marriage Act (DOMA). The Defense of Marriage Act, passed in 1996, defines marriage as between a man and a woman (the 5th and 14th Amendments of the US Constitution guarantee equal protection under the law).
Encouraging Feinstein's attack on the DOMA is that President Barack Obama has put his authority behind the Defense of Marriage Act's repeal; the President said the the bill is unconstitutional in that it discriminates against homosexuals. The Department of Justice will not defend the DOMA on a federal level, but won't attack it at the state level.
Feinstein: 'DOMA Was Wrong Then & Wrong Now'
"My own belief is that when two people love each other and enter the contract of marriage, the federal government should honor that," she said. "I opposed the Defense of Marriage Act in 1996. It was the wrong law then; it is the wrong law now; and it should be repealed."
It also puts the Administration in front of the Supreme Court, which has yet to decide whether gays and lesbians should get the same kind of protection that women or, even, that minorities get. If the Court ultimately agrees with the Justice Department on using a tougher standard, in practice that means pretty much any law treating gays and lesbians differently than everyone else will almost always be unconstitutional.
Note that Obama has never come out in favor of gay marriage, and said that his stance on the DOMA was based on legality alone.
Carney maintained the president’s position on DOMA “has been consistent” and said he’s “long opposed it as unnecessary and unfair.” Full repeal of DOMA was among Obama’s campaign promises in 2008.
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at 15:59 on February 23rd, 2011
Good for her! I know the Republicans in Congress are going to want to defend DOMA in court, but really do they want to? Do they want to go against an 81 year old widow? Spend the resources of the government to defend something that won't make any difference to the average American who needs a job? Really? Why would they do such a thing when it can so easily be thrown in their faces in the next election? Instead of working on getting middle class and poor families on their feet by promoting job growth, they'd be spending their time and tax payer's money on a lawsuit against a little old lady! NOT a good position to take. Better to let everyone in a LEGAL relationship marry if they want to, as they aren't breaking any laws, and let the states collect the marriage revenue!