A Supreme Court Showdown On DOMA

With six federal courts ruling that the Defense of Marriage Act  ("DOMA") is unconstitutional and major medical and mental health associations filing an amicus brief urging that DOMA be struck down and countering Christofascist claims that gay marriage and gay parenting harms children, the U. S. Supreme Court can no longer easily avoid the call to strike down DOMA.  I would argue that if the Supreme Court fails to strike down DOMA, its credibility will be severely damaged.  Only anti-gay animus fueled by religious extremism supports the legislation.  If there's any doubt, one need only look at the religious based statements made by many members of Congress during the debates leading to DOMA's enactment.  The New York Times weighed in yesterday with a call that DOMA be tossed on the trash heap of history.  Here are excerpts:

Six federal courts have ruled on the Defense of Marriage Act and reached the same conclusion: the 1996 law violates the Constitution by denying same-sex couples, who are legally married under state law, federal benefits afforded to heterosexual couples for no good reason. The issue has now officially landed at the Supreme Court.

Last week, the Obama administration asked the justices to review two court decisions — one by the United States Court of Appeals for the First Circuit and one by a Federal District Court in San Francisco — striking down the law’s denial of benefits on equal protection grounds. 

The administration agrees with those rulings but has asked the Supreme Court to decide the constitutional question authoritatively. House Republicans retained private counsel to defend the 16-year-old law because the Obama administration has declined to defend it in court. They have asked the justices to overturn the First Circuit ruling and uphold the law. 

It is a strong bet that the justices will take the appeal when they return from their summer break. The Justice Department is right that firmly resolving the issue is of great importance to the country and to tens of thousands of gay people denied benefits like the right to file joint tax returns and to receive spousal Social Security payments. We hope the justices will review the cases and issue a strong ruling striking down this noxious law.

The Defense of Marriage Act also heaps particular inequities on married gay service members and their families. Under the law, same-sex spouses are denied benefits granted to other military spouses, including medical and dental insurance, treatment in military medical facilities, discounted housing and surviving spouse benefits. This policy is completely at odds with the military’s goal of building a culture of openness and equality following the demise of “don’t ask, don’t tell.” 

Congress has no authority to enact unconstitutional laws that violate equal protection, disrespect valid marriages and mistreat gay people and their families. As the nation moves toward greater acceptance of same-sex marriage, there should be at least five justices willing to say that.