BOSTON — The federal government will be forced to recognize gay “marriage” and to provide benefits to such same-sex couples if a lawsuit filed March 3 in federal court against the Defense of Marriage Act (DOMA) is successful.
Under the suit, the government would have to recognize “marriages” between homosexuals in Massachusetts, Connecticut and any other state where gay “marriage” is legalized in the future. The suit could have a far-reaching impact on other states.
It is the first major suit against the 1996 law, which was passed by votes of 342–67 in the House and 85–14 in the Senate, signed by President Clinton. The law prohibits the federal government from recognizing gay “marriage” and gives states the option of doing the same.
The lawsuit was filed by the New England-based Gay and Lesbian Advocates and Defenders, the same group that successfully sued in Massachusetts and Connecticut to have gay “marriage” legalized. It is the first lawsuit against DOMA by a major homosexual activist group and could eventually end up before the U.S. Supreme Court.
DOMA was passed when Hawaii’s Supreme Court appeared on the verge of legalizing gay “marriage.” The fear at the time among the law’s supporters was that not only would the federal government be forced to recognize gay “marriage” but that also under the Constitution’s Full Faith and Credit Clause — which says states are to recognize “public acts, records and judicial proceedings” from other states — gay “marriages” in Hawaii would be exported and lead to a nationwide redefinition of marriage.
Fear that that could happen led approximately 40 states — including Hawaii — to pass laws defining marriage in the traditional sense. In recent years — and in light of the court ruling in Massachusetts — a significant number of states also put the definition of marriage in their state constitutions. Thirty states have passed the amendments by an average margin of 68 percent to 32 percent. (TAB)
Share with others: