Defense of Marriage Act Declared Unconstitutional

The Obama Administration announced on Wednesday that it has instructed the Justice Department to stop defending the Defense of Marriage Act (“DOMA”) in court.  Passed in 1996, DOMA bars federal recognition of same-sex marriage by defining 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.”  In calling DOMA unconstitutional, the White House and Justice Department have acknowledged that classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.  In opposing this law, the City Bar has maintained that it is unconstitutional, as DOMA nullifies the Full Faith and Credit Clause of the United States Constitution and offends core states’ rights in defining family law. States have historically determined, consistent with federal and state constitutions, the criteria to enter into a marriage and the resulting legal status of the parties. As a result of DOMA, same-sex couples who can legally marry under state law are stripped of the important legal rights they derive from their marriages, including but not limited to health insurance benefits, tax benefits, social security benefits, custodial rights, and protections in housing and employment.  While the City Bar welcomes the Obama Administration’s announcement, it will continue to urge that DOMA be repealed. 

February 24, 2011