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.

11/09/2011

Respect for Marriage Act

Historic Committee Vote Set on DOMA Repeal - Tomorrow

By Ian S. Thompson, ACLU Washington Legislative Office at 4:30pm

Today, the Senate Judiciary Committee will vote on legislation that would fully repeal the discriminatory and unconstitutional so-called Defense of Marriage Act.

10/05/2011

DADT

New Federal Rule Underscores Importance of DOMA Repeal

By Ian S. Thompson, ACLU Washington Legislative Office at 5:23pm

On Friday, the Office of Personnel Management (OPM) published a final rule in the Federal Register to provide eligible federal employees up to 12 workweeks of unpaid leave for "qualifying exigency purposes." Just what are qualifying exigencies, you ask yourself? Well, under the rule, qualifying exigencies arise when the spouse, son, daughter or parent of an employee is on active duty in the Armed Forces, or has been notified of an impending call or order to active duty status.

09/23/2011

Respect for Marriage Act

Effort to Repeal DOMA in Congress Gains Bipartisan Support

By Ian S. Thompson, ACLU Washington Legislative Office at 2:43pm

Early on Friday morning, it was announced that the legislative effort in Congress to repeal the discriminatory and unconstitutional Defense of Marriage Act (DOMA) is now a bipartisan affair.

Rep. Ileana Ros-Lehtinen (R-Fla.) became the first Republican cosponsor of the Respect for Marriage Act (H.R. 1116/S. 598), legislation pending in both the House and Senate that would repeal DOMA in its entirety, as well as provide all married couples certainty that regardless of where they travel or move in the country, they will not be treated as strangers under federal law.

09/20/2011

DADT

The Demise of DADT

By Ian S. Thompson, ACLU Washington Legislative Office at 2:46pm

Today marks the official end of the discriminatory policy known as "Don't Ask, Don't Tell." For nearly 18 years, DADT forced lesbian, gay and bisexual service members to painstakingly hide their true selves, as well as their partners and spouses, or else face the possibility of having their military career brought to an abrupt end.

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;

08/12/2011

Respect for Marriage Act

The Congressional Evolution on DOMA

By Ian S. Thompson, ACLU Washington Legislative Office at 11:19am

There is an intriguing story behind the recent Defense of Marriage Act (DOMA) headlines, one that mirrors trends in public opinion surveys, but involves a group you might not expect — members of Congress who voted for the law in 1996, but now favor its repeal.

Back in July, the Senate Judiciary Committee held a landmark hearing on DOMA, exploring how it impacts married gay and lesbian couples and their families across the country. The hearing got me thinking about the now infamous '96 congressional vote in favor of DOMA. Defenders of the law, exemplified by Judiciary Committee Ranking Member Sen. Charles Grassley (R-Iowa) at the July hearing, often like to tout the original congressional vote totals in support of DOMA (342 in the House and 85 in the Senate) as the end of the story. In essence, they say, why change a law that garnered so many bipartisan votes when it was passed?

07/27/2011

Defense of Marriage Act

The Happiest Day of My Life

By Patrick Plain, ACLU at 5:08pm

It had been five years since Seongman had proposed to me. It's been a long time since we bought and exchanged beautiful rings and registered as domestic partners to publicly show our love and devotion to one another. Since then we've lived a quiet, loving life, shared with our two dogs and two cats in our humble home. Life has been good, but we wanted the validation of marriage.

07/25/2011

Defense of Marriage Act

Marriage For All Comes to New York!

By Sam Ritchie, ACLU at 2:06pm

…and the ACLU was there! From Niagara Falls to New York City, the NYCLU and ACLU were at wedding ceremonies all over New York State yesterday, talking to happy same-sex couples and their families as they finally got to tie the knot.

07/12/2011

Defense of Marriage Act

Landmark Hearing on DOMA Set

By Ian S. Thompson, ACLU Washington Legislative Office at 6:11pm

It’s official! Next week, the Senate Judiciary Committee will hold a landmark congressional hearing on the discriminatory so-called Defense of Marriage Act (DOMA) and how it harms tens of thousands of married gay and lesbian couples and their families each and every day. This will be the first congressional hearing since the law came into being in 1996 to examine the law with a critical eye.

07/12/2011

DADT

Same Old Political Games: Seeking to Delay and Derail DADT Repeal

By Ian S. Thompson, ACLU Washington Legislative Office at 1:38pm

Last week, during consideration of the Department of Defense Appropriations Act in the House of Representatives, congressional opponents of Don't Ask Don't Tell (DADT) repeal succeeded in attaching two anti-gay, political, "red meat" amendments to the legislation. Despite all the political chatter in D.C. over the debt and deficits, what we often see on the floor of the House and Senate are ideological efforts by certain members of Congress to advance a narrow social agenda that is out of step with the American public while at the same time trying to convince that same public that they are focused like a laser on fiscal discipline and job creation. Guess again!

American Civil Liberties Union