Defense of Marriage Act

The Defense of Marriage Act (DOMA) is a federal law passed in 1996 that both created a federal definition of marriage as being between a man and a woman and expressly gave states permission to refuse to recognize marriages entered into by same-sex couples in other jurisdictions. The part of DOMA that defines marriage at the federal level – known as Section 3 – was a radical departure from 220 years of federal practice, which was to rely on each state to define marriage and to recognize any marriage legally entered into under state law as a valid marriage for federal purposes.

We are challenging Section 3 of DOMA on behalf of our client Edie Windsor in Windsor v. United States, which is currently pending before the Supreme Court of the United States. In June, the Court will rule on whether DOMA violates equal protection by treating married gay couples as unmarried in over 1,100 federal programs.

03/26/2013

Marriage for Same-Sex Couples

How the ACLU Helped Get Us To Today's Marriage Moment

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 12:06pm

As the Supreme Court takes up the challenge to California's Prop 8 today, and the ACLU's challenge to DOMA tomorrow, it's clear that we've reached a tipping point on marriage for same-sex couples. Public opinion on this issue has reached approval levels that couldn't have been imagined just a few years ago – it seems like every time you open the paper there's another person or organization expressing support for the freedom to marry. On Sunday, New York Times columnist Frank Bruni pointed out that March 2013 will likely be recalled as "the month when the political balance on this issue shifted unmistakably from risky to safe."

03/18/2013

Voices Against DOMA

Voices Against DOMA: We've Got Friends

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 2:38pm

We're almost there – next week, on March 27, the Supreme Court will hear arguments regarding the constitutionality of the Defense of Marriage Act (DOMA) in Edie Windsor's case. Essentially DOMA requires the federal government to treat legally married same-sex couples differently from all other married couples. In June, the Court will rule on whether DOMA violates equal protection by treating married gay couples as unmarried in over 1,100 federal programs.

07/03/2012

Defense of Marriage Act

New Legislation Addresses Need for Equal Treatment of Military Spouses

By Ian S. Thompson, ACLU Washington Legislative Office at 2:41pm

Just in time for Independence Day, Rep. Adam Smith (D-Wash.), the senior Democrat on the House Armed Services Committee, has introduced the Military Spouses Equal Treatment Act (H.R. 6046). This important legislation would ensure equality in military and veteran benefits for all military spouses. It has already garnered the support of 11 additional Democratic members of the Armed Services Committee, as well as Rep. Bob Filner (D-Calif.), the senior Democrat on the House Veterans’ Affairs Committee.

03/22/2013

Marriage for Same-Sex Couples

Marriage in New Mexico, Civil Unions in Colorado – The Wave Continues!

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 10:36am

It seems like every time you turn around these days, someone is announcing new support for the freedom to marry, which is the result of years of groundwork that the ACLU and other organizations have laid to get us to this incredible place.

Yesterday in New Mexico, we filed a new state court lawsuit seeking the freedom to marry for same-sex couples. We have partnered with the National Center for Lesbian Rights for the litigation, and both organizations have also joined forces with Equality New Mexico and Freedom to Marry on a related public education campaign to help New Mexicans show their neighbors why the freedom to marry is so important. We're riding a wave of enthusiasm in New Mexico, as the Mayor and City Council in Santa Fe announced earlier this week that there's good reason to believe that state law already allows same-sex couples to marry. We think that's right, but know that we're going to need guidance from the courts to get a final answer, so we've filed this case both to present the issue to the courts and to illustrate why denying the freedom to marry is so unfair.

08/13/2012

LGBT News

Working Towards an LGBT-Inclusive Platform

By Ian S. Thompson, ACLU Washington Legislative Office at 4:28pm

On Thursday evening, BuzzFeed reported that the draft 2012 Democratic National Platform includes, as part of an overall endorsement of the freedom to marry for same-sex couples, a call for passage of the Respect for Marriage Act in Congress. This important legislation would completely repeal the discriminatory so-called Defense of Marriage Act (DOMA) and provide married gay and lesbian couples with certainty that, regardless of where they travel or move in the country, they will not be treated as legal strangers under federal law.

11/15/2011

Respect for Marriage Act

"Repeal DOMA" Prominent Governors and Mayors Urge Congress

By Ian S. Thompson, ACLU Washington Legislative Office at 6:09pm

This week, a group of prominent state governors and big city mayors from across the country urged Congress to repeal the Defense of Marriage Act.

11/10/2011

Respect for Marriage Act

DOMA Repeal Vote Represents a Critical Shift

By Ian S. Thompson, ACLU Washington Legislative Office at 4:36pm

The Senate Judiciary Committee voted 10-8 in support legislation that would fully repeal the Defense of Marriage Act (DOMA).

08/15/2011

Defense of Marriage Act

NOM Marriage Pledge: A Discriminatory, Tone-Deaf Pitfall

By Ian S. Thompson, ACLU Washington Legislative Office at 5:45pm

The anti-gay National Organization for Marriage (NOM) has been asking presidential hopefuls to sign a pledge stating, among other things, that they would:

support an amendment to the U.S. Constitution barring recognition of marriages involving same-sex couples;

• defend the discriminatory and unconstitutional Defense of Marriage Act (DOMA) against federal court challenges;

03/22/2013

Voices Against DOMA

A Conservative Rabbi's Case for Marriage Equality

By Jan Uhrbach, Rabbi at 2:09pm

I'm a rabbi, so I support marriage equality. My support of marriage equality is an expression of my faith...

06/08/2012

Defense of Marriage Act

"Honey, We Did It!" – Edie Windsor Says Thank You

By Robyn Shepherd, ACLU at 4:41pm

Yesterday, Edie Windsor visited the ACLU and NYCLU offices to address the media after her amazing victory in her challenge against the discriminatory Defense of Marriage Act. Edie filed a lawsuit with the help of the ACLU and the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP against the government after the death of her spouse and partner of 44 years, Thea Spyer.

Edie told the press about her lifelong love with Thea during which they were engaged for 40 years, and officially married for two. After Thea’s death, Edie was forced to pay over $363,000 in federal estate taxes that she would not have had to pay if she were married to a man. The government regarded Edie and Thea as legal strangers.

American Civil Liberties Union