New York Times: Time to Repeal DOMA

Despite the huge victory in New York State for marriage equality, same sex couples who marry in New York and in other states (and the District of Columbia) who marry continue to be second class citizens - as opposed to 4th class citizens like those of us in Virginia - and are discriminated against in literally hundreds of ways because the federal government refuses to recognize their marriages because of the Defense of Marriage Act ("DOMA") which wrote religious based bigotry in bold face into the federal laws. DOMA makes a mockery of the U.S. Constitution's promise of freedom of religion for all, not just bigots like Albert Mohler and Archbishop Timothy "Porky Pig" Dolan of New York. Be it on immigration mattes, federal benefits and tax law issues, same sex couples are subjected to discrimination virtually daily. The New York Times says in it main editorial today that DOMA needs to go. Here are some highlights:
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Last month, with almost no fanfare, the federal government did a very decent thing: It canceled the deportation of a Venezuelan man after he married an American man in Connecticut and claimed legal residency as a spouse. But the government did not say that it was formally recognizing their marriage, because it cannot. The Defense of Marriage Act, which ranks with the most overtly discriminatory laws in the nation’s history, remains on the books, prohibiting federal recognition of legal same-sex marriages.
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The deportation dismissal was an isolated act of kindness by the Immigration and Customs Enforcement agency. It is heavily outweighed by the continuing inequality imposed on thousands of same-sex couples who have been legally married in the five states — plus the District of Columbia — where it is already allowed. Likewise, the many couples who will take advantage of New York’s new marriage equality law will not be married in the eyes of Washington.
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That means they cannot receive Social Security benefits for spouses, as can the straight couple next door. They cannot file joint federal income tax returns or take advantage of the larger estate tax exemption for married couples. Federal laws like those giving the right of family leave do not apply to them. If they work for the federal government, they cannot extend their health insurance policy to their spouses. A childless soldier with a same-sex spouse will not receive the housing allowance for dependents, even after “don’t ask, don’t tell” is fully repealed.
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And, because the law allows states to ignore a same-sex marriage performed elsewhere, spouses may not be able to visit each other in a hospital if they are traveling.
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Last year, a federal judge in Massachusetts said the law’s definition of marriage as only between a man and a woman violated the equal-protection provisions of the Constitution. In June, a federal bankruptcy court in California said the law was unconstitutional. Other cases have been filed in New York and Connecticut, and the Justice Department, having agreed that the marriage definition is unconstitutional, has refused to defend it in those court cases. (The House hired its own lawyer to defend the law.)
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The issue will eventually reach the Supreme Court, possibly in the next term. In the meantime, many married couples will have to hope for the kindness of strangers.