Senate holds first-ever hearing on DOMA repeal bill

Patrick Leahy

WASHINGTON, D.C. – The Senate has held the first ever Judiciary Committee hearing on the Respect of Marriage Act, a bill that would repeal the discriminatory Defense of Marriage Act (DOMA) that denies federal recognition to legally married same-sex couples. The hearing was called by Chairman Patrick Leahy (D-Vt).

“I’m concerned that DOMA has served to create a tier of second-class families in states like Vermont. This runs counter to the values upon which America is founded, to the proud tradition we have in this country of moving toward a more inclusive society,” said Leahy.

DOMA prevents any of the more than 1,100 federal rights, benefits and responsibilities of marriage from being afforded to legally married same-sex couples. These include Social Security survivor benefits, federal employee health benefits for spouses, protections against spouses losing their homes in cases of severe medical emergencies, the right to sponsor a foreign born partner for immigration, the guarantee of family and medical leave and the ability to file joint tax returns, among many others.

This is the first time the issue of repealing DOMA has had a hearing in Congress since its enactment nearly 15 years ago. Additionally, under Sen. Feinstein’s leadership this Congress marks the first time a DOMA repeal bill has ever been introduced in the U.S. Senate.

Testifying before the Senate Committee, Rep. John Lewis (D-Georgia) equated DOMA to racism and his personal experiences with discrimination.

“As a child, I tasted the bitter fruits of racism and discrimination, and I did not like it. And in 1996, when Congress passed the Defense of Marriage Act, the taste of that old bitter fruit filled my mouth once again,” Lewis said. “The Defense of Marriage Act is a stain on our democracy. We must do away with this unjust, discriminatory law once and for all. It reminds me of another dark time in our nation’s history, in many years when states passed laws banning blacks and whites from marrying. We look back on that time now with disbelief. And one day we will look back on this period with that same sense of disbelief.”

But Republicans attacked the Respect for Marriage Act and defended the constitutionality of DOMA. Rep. Steve King (R-Iowa) said, “Traditional marriage is a sacred institution and serves as the cornerstone of our society. We cannot afford to devalue it with legislation like S. 598, and we must oppose any effort that would diminish the definition of marriage.”

HRC President Joe Solmonese who himself testified at the hearing said, “Today’s hearing proved that married same-sex couples share the same values and needs as other married couples but are constantly hamstrung in their ability to protect themselves because of the discriminatory Defense of Marriage Act. The federal government shouldn’t be in the business of picking which marriages it likes and which it doesn’t, but that’s exactly what DOMA does.”

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