On Fri. June 12, the U.S. Justice Department filed a brief in Federal Court asking for a dismissal of a lawsuit intended to overturn the Defense of Marriage Act (DOMA).
An LGBT couple brought the original case to court, seeking to overturn Proposition 8 in California and DOMA. Their case argues that these laws violate the full faith and credit clause and the equal protection clause of the U.S. Constitution.
DOMA was passed overwhelmingly by both houses and signed into law by Democratic President Bill Clinton on Sept. 21, 1996. It was a reactionary measure proposed after the Hawaii Supreme Court ruled that denying marriage benefits to same-sex partners was unconstitutional in that state. The DOMA sought to prevent states from having to recognize same-sex marriages performed in other states where it may be legal. It also prevented the federal government from recognizing any same-sex union, denying same-sex partners over 1,000 benefits provided to the heterosexual married counterparts.
President Obama campaigned on a promise to repeal the DOMA. He was embraced by many within the LGBT community and won a significant amount of votes from within the community.
Since Obama was elected and inaugurated, the LGBT community has been at the forefront of a number of battles in a civil rights movement that pivots on, but is not excluded to, same-sex marriage rights. During this time, the Obama administration has been silent.
The DOJ brief constitutes a betrayal of the LGBT community by the Obama administration. The briefing states that DOMA is a valid exercise of Congress’ power, is consistent with equal protection or due process principles and does not infringe upon rights that are recognized as fundamental.
The government argues that it does have the ability to deny marriage rights on moral grounds. The government refers to denying marriage rights to cousins or other close relatives as evidence of their ability to deny same-sex marriage rights. This harkens back to the arguments used by the Bush administration, and still used by fundamentalist Christian groups, to deny LGBT civil rights.
The briefing also creates a new argument indicating that the federal government has a vested financial interest in denying same-sex marriage rights. Marriage is associated with a number of economic benefits, including tax benefits. The brief states that the government needs to remain “neutral” in regards to same-sex couples so that federal tax money is not used to support legally recognized same-sex partners in their home states. There is nothing “neutral” about denying tax benefits to same-sex couples.
The DOJ brief also argues that the courts should not consider the historic Loving vs. Virginia case, which overturned bigoted laws preventing inter-racial marriage. In essence, the Obama administration’s argument states that LGBT and African American civil rights should be considered separately and do not apply when looking for a precedent in law.
If this language is upheld and validated in federal court, it could have far-reaching consequences for other legal battles in the fight for LGBT equality and sets a dangerous precedent for legal recourse.
The DOJ came out with a statement shortly after the brief was made public, claiming they had no choice but to defend the laws on the books. They reiterated that Obama wants to overturn DOMA, but until the legislature overturns it their hands are tied.
This is an outright lie. The DOJ has the ability to fight against laws the sitting administration deems unconstitutional. Not only can the DOJ file against legislation, but every administration since Reagan has done so.
The Party for Socialism and Liberation recognizes that the struggle for same-sex marriage rights is fundamentally a struggle for equality. The LGBT community has the right to enjoy the same economic and civil rights as everybody else.
We call on the Obama Administration to introduce legislation immediately repealing the Defense of Marriage Act. For far too long the LGBT community has suffered tremendous discrimination. We call for full equality in all areas of the law. The PSL stands committed to fight in the streets and support legislative battles until we achieve victory.
