DEFENSE OF MARRIAGE ACT

A new brief by an attorney in the Justice Department was filed on August 17th, 2009.  The attorney, Scott Simpson, declared that the Obama administration, "does not support the Defense of Marriage Act (DOMA) as a matter of policy and believes that the act is discriminatory and should be repealed by Congress."  In a written statement, President Obama said, " long held that DOMA prevents lesbian, gay, bisexual and transgendered couples from being granted equal rights and benefits."  As an Illinois senator, Obama stated his support for 'the complete repeal of the DOMA."

 

DOMA declares marriage is between one man and one woman.  Another provision of DOMA provides that states are not forced to accept homosexual marriages performed in other states where it is legal.

 

If DOMA was declared unconstitutional, the individual states are at grave risk.  Presently 30 states have constitutional amendments protecting traditional marriage.  The full faith and credit clause of the U.S. Constitution would override any state law to the contrary - even if it is a voter approved amendment to a state constitution.