On May 7, 15 years ago, President Bill Clinton signed the Defense of Marriage Act and since then, the law mandates discrimination against same-sex couples in numerous ways. Today, courts are hearing several cases involving DOMA and the Obama administration has stated that it no longer plans to defend the law in the courts. We believe the demise of DOMA is near as public opinion is shifting in support of marriage equality.
DOMA was launched in 1996, during Clinton's re-election campaign. As reporter Chris Geidner recounts in his article in Metro Weekly , the lagging campaign of Clinton's GOP opponent, then-Senator Bob Dole, latched on to same-sex marriage as a classic wedge issue – and what a wedge it turned out to be. Fifteen years later, same-sex couples are flatly denied benefits that heterosexual couples receive through marriage. Same-sex couples can't get married, except in five states. And even when they do tie the knot in those states – Massachusetts, Connecticut, New Hampshire, Vermont, and Iowa – same-sex couples still do not receive the federal benefits reserved for opposite-sex married couples. So, although we can get married in those states, we are still not equal.
It might be funny if the consequences weren't so serious. Many of those who supported DOMA in 1996 no longer do; and that goes to the very heart of what's wrong with the law: the federal government should not be in the business of dictating who can and cannot marry. Same-sex couples are singled out for financial inequities, including tax filings, access to health insurance, and many more benefits. Tellingly, Bob Barr, a former Georgia Republican congressman who authored the bill and was a Libertarian candidate for president in 2008, now believes it should be repealed. "I've wrestled with this issue for the last several years and come to the conclusion that DOMA is not working out as planned," Barr wrote in a 2009 op-ed in the Los Angeles Times. "In testifying before Congress against a federal marriage amendment, and more recently while making my case to skeptical Libertarians as to why I was worthy of their support as their party's presidential nominee, I have concluded that DOMA is neither meeting the principles of federalism it was supposed to, nor is its impact limited to federal law."
Barr was right, of course, in realizing that DOMA remains a primary barrier to full equality. This year, shortly after the Obama administration's announcement that it would no longer defend the law, bills were introduced in the House and Senate to repeal DOMA. Both Houses should act swiftly and vote on the legislation in the coming months. If they were honest about their rhetoric Republicans who control the House would see that supporting DOMA contradicts their party's own mantra for smaller government. They must realize that ending this discriminatory law is in the best interest of the country.
GOP members of Congress must move past the standard party line and make their own decisions. In California, legislators who supported marriage equality bills in recent years have not been voted out of office, which goes to show that lawmakers can vote for equality and not be punished for it. Public opinion supporting same-sex marriage is quickly changing, even among conservatives. Just this week, a Washington Post poll of 1,180 adults in Virginia, a conservative state, found that 47 percent favor legalizing same-sex marriage, while 43 percent are opposed.
Most people are far more concerned with the tepid economy and rising gas prices than they are about wedge issues like marriage equality. When Senator Dianne Feinstein (D-California), who is a moderate Democrat, can announce that she's a lead sponsor of the bill to repeal DOMA, you know times have changed. To her credit, Feinstein was one of a handful of senators who voted against DOMA 15 years ago, and she must use her considerable influence in the Senate to move the bill.
Uganda anti-gay bill lives another day
It was reported Wednesday morning that a vote on the proposed Anti-Homosexuality Bill in Uganda's parliament was postponed until Friday.
The bill, derisively known as the "Kill the Gays" law, is truly horrific. It would imprison for life anyone convicted of "the offense of homosexuality," punish with the death penalty "aggravated homosexuality" (repeat offenses, or having gay sex while being HIV-positive), forbid "promotion of homosexuality" and incarcerate gay-rights defenders, and jail individuals in positions of authority for up to three years if they fail to report within 24 hours the existence of all LGBT people or sympathizers known to them.
Countries around the world have condemned the legislation. President Barack Obama, Secretary of State Hillary Clinton, and numerous administration officials have voiced their opposition to the bill. Gay rights leaders and our allies have been outspoken in condemning the bill, which if passed would be a gross violation of international human rights standards. Out Congressman Barney Frank this week sought and received approval of an amendment urging the Treasury Department to oppose any financial assistance from multilateral institutions to countries that persecute people on the basis of sexual orientation, gender identity, or religious beliefs.
We strongly oppose the efforts by Ugandan politicians who are working to bring this bill to a vote this week. It is clearly a step backward. The U.S. government must implement a plan for severe sanctions if this bill is approved in any form, including, as Frank has proposed, opposing aid to Uganda from the World Bank or other international financial institutions.