June 26th, 2013: Declared ‘unconstitutional’ by the Supreme Court, the misleadingly-titled Defense of Marriage Act (DOMA) was forced to pack its archaic bags and close the door the behind it, as a triumphant crowd that had been waiting years roared in delight. But how did DOMA get so far, asks CHRIS GEN.
Signed by President Clinton in 1996, DOMA essentially shut the door on same-sex couples, denying the same crucial rights that were awarded to their heterosexual counterparts, such as tax exemptions, social security benefits and the right to be notified as next of kin. Can you imagine how truly distressing that would be? Your loved one has suffered a terrible accident but, according to DOMA, your marriage isn’t real enough for you to be informed first. DOMA also meant that the married partners of gay Americans were not recognized under the immigration system; a major player in thousands of heartbreaking splits between couples of different nationalities.
After a 5-4 majority voted in favor repealing DOMA, the federal government will now be forced to recognize these couples and acknowledge the life they’ve built together. Once a Federal appeals court lifts the ban on gay marriage, estimated by California Governor Jerry Brown to take less than a month, this victory will pave the way for the restoration of gay marriage in California.
It truly was a beautiful day in America (well, unless you’re Texas) but DOMA has always brought up issues and questions with me. The main one being ‘didn’t the Defense of Marriage Act somewhat contradict the almighty Fifth Amendment?‘ It essentially told federal officials, as well as the friends, family and children of same-sex couples that their marriage is less respected than the marriage of a heterosexual couple. I don’t know enough about the tangled-web of American politics to make fair comment though, but I would like it to be explained to me adequately how DOMA was considered in any way constitutional.
There are those who question “how could Clinton even sign such an Act?” Well, if you look at how far gay rights in America have come in the past 17 years you’re bound to be astounded. When Clinton signed DOMA he, like most Democrats then (and the majority of the American voters) was against gay marriage, but wasn’t enthusiastic about the act. It was more likely the pressures he was facing at the time (the Monica Lewinsky scandal for example) that swayed his hand; a way to show the public he supported marriage and family life.
President Obama stated that this was an historic step in history and promised that the ruling would be implemented swiftly and smoothly – such a speedy, positive response from a delightful liberal president was most welcome, I’m sure. However like most matters in America, the Republicans had something to say. Sucks to be a reactionary bigot while the world moves on without you, doesn’t it? I do find the Teabag reaction to the ruling somewhat amusing – who’d have thought that some of the Republican wingnuts would be kicking up such a fuss over the destruction of a law ‘introduced’ by Clinton?
This week showed that policies or laws can be changed through education, effort and engagement. Equality for all seems to be a simple statement that’s hard to fathom, but by declaring that gay people are entitled, and deserving, of equal rights and protecting under the constitution it’ll make it a lot harder to pass discriminatory laws in the future.