Gov. Brown urges passage of Respect for Marriage Act, which would overturn Defense of Marriage Act
By mary clark
Nov. 17, 2011 2:10 a.m.
Gov. Jerry Brown recently sent a letter to the Senate Judiciary Committee urging the passage of the Respect for Marriage Act, a bill that would overturn the Defense of Marriage Act.
His letter was accompanied by a separate letter signed by three California mayors, including Los Angeles Mayor Antonio Villaraigosa, and a group of 12 other bipartisan mayors and governors in favor of repealing the 1996 statute that defines marriage as between a man and a woman.
The bill is currently sponsored by Sen. Dianne Feinstein (D-Calif) and cosponsored by 30 other senators.
On Nov. 10, the Senate Judiciary Committee approved the bill 10-8, voting along party lines, and passed it on to the Senate as a whole.
While the bill is pending in both houses, there is no immediate plan for a vote, said Jennifer Pizer, legal director for the Williams Institute.
She said politicians will be hesitant to approach such a controversial subject with an election year just around the corner.
The Defense of Marriage Act, signed by Bill Clinton 15 years ago, prevents same-sex couples from receiving federal rights usually granted to married couples.
Proposition 8, a bill prohibiting same-sex marriage in California, would not be overturned by passage of the Respect for Marriage Act, Pizer said.
Pizer also said passing the Respect for Marriage Act without any changes from the committee was a big step. The Defense of Marriage Act is currently under the scrutiny of numerous federal and state courts in lawsuits involving denial of immigration rights, social security and employment benefits to legally married same-sex couples.
A recent case, Gill v. Office of Personnel Management, filed by Gay & Lesbian Advocates & Defenders in Massachusetts, challenges Section 3 of the Defense of Marriage Act, which prevents same-sex couples from filing their income taxes jointly, forcing some couples to pay more in taxes.
The case resulted in a ruling from a federal trial court declaring DOMA unconstitutional.
But Gill v. Office of Personnel Management is currently being heard again by a federal court of appeals.
The passage of the Respect for Marriage Act would extend benefits to all married couples.
The Respect of Marriage Act, however, would not overturn state laws prohibiting same sex marriage.
If the Respect for Marriage Act passes through a Republican-controlled Congress, the question of legality of same-sex marriage would remain a state-level issue.
Eric Adams, an undeclared second-year student and chair of BlaQue, a black lesbian, gay, bisexual and transgender student group at UCLA, said he is glad to see Brown taking a firm stance on issues involving the LGBT community.
“I didn’t necessarily expect him to be so openly in favor of a lot of these issues, which is great,” Adams said. “But there is also a lot of work that has to be done before we can make even greater gains in the political process.”
The passage of the Respect for Marriage Act would be a significant victory for the LGBT community, but those in favor of same-sex marriage know that the task of changing the legal definition of marriage would remain, Adams said.
“There is a difference between marriage as a religious right and marriage as a civil ceremony,” said Raja Bhattar, director of the LGBT Campus Resource Center.
It is for this reason, Bhattar said, that those opposed to same-sex marriage on religious grounds could still vote in favor of a law that extends basic civil rights to all people, gay or straight.
