This piece is the sixth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
Growing up as a gay woman in a conservative Salvadoran household was like being the protagonist in one of the telenovelas that I used to watch with my Maminena, my grandma. Thankfully, here in Maryland, being gay is no longer an obstacle to marrying the love of my life.
After a hard-fought battle, my girlfriend and I now have the right to say, “I do.”
Unlike most economic development initiatives, tax increases, and transportation projects, our ability to marry was taken to the polls and put to a vote. Marriage for same-sex couples is still treated like an earned privilege rather than a given right. While we won the right to marry in Maryland, thanks to DOMA our marriage would not be recognized under federal law.
My relationship, under this law, does not count. DOMA is a vehicle for discrimination and it hurts our families.
When thinking about equality, whether it’s equal protection under federal law, marriage equality or equal protection for our transgender community, two words come to mind: unconditional love.
Unconditional love. That is what equality means to me: unconditional love for our community, constituents, neighbors, co-workers, schoolmates, friends, family members. Because when you truly love, you don’t let discrimination and injustice take place in your community – or in your country.
The Defense of Marriage Act is just as outdated as the concept of “traditional marriage” being restricted to heterosexuals only. It’s time to dump DOMA – let unconditional love take its place.
Alumna of affiliate People For the American Way Foundation’s Front Line Leaders Academy
Last week the Equal Justice Task Force of the African American Ministers Leadership Council, a program of People For the American Way Foundation, joined with a broad coalition of organizations in filing amicus briefs for the marriage equality cases being considered by the Supreme Court. These cases – Hollingsworth v. Perry, which challenges California’s Proposition 8, and Windsor v. U.S., which challenges Section 3 of the Defense of Marriage Act (DOMA) – represent landmark opportunities for our nation to move toward making marriage equality a reality for all Americans.
“As African American faith leaders, we feel it is our responsibility to question hatred and discrimination wherever it happens – and especially in our laws,” said Minister Leslie Watson Malachi, Director of the African American Ministers Leadership Council. “Laws singling out and preventing same-sex couples from getting married are blatantly discriminatory and they hurt our communities. These amicus briefs voice our support for equal rights and equal justice for all of God’s children.”
The amicus brief for the Hollingsworth case, a continuation of the 2010 brief PFAW Foundation submitted when the 9th Circuit Court of Appeals reviewed the case, exposes the discriminatory nature of the supposedly “moral” rationales for Proposition 8:
This Court has refused for three-quarters of a century to uphold laws disfavoring minority groups based on religious or moral disapproval alone—with the one, now-discredited exception of Bowers v. Hardwick, 478 U.S. 186 (1986). And for good reason: Time and again throughout our nation’s history, laws that disadvantaged or degraded particular groups have been justified by resort to morality and religion. And time and again, our society has come to see those laws as repugnant, and the religious and moral disapproval justifying them as little more than a means to enshrine the status quo.
Likewise, the amicus brief for the Windsor case points out:
This Court has long implicitly acknowledged the connection between religious justifications and the Equal Protection guarantee. The Court’s decision overturning Virginia’s law forbidding marriage between persons of different races is illustrative. In Loving v. Virginia, the Court dismissed the Virginia trial judge’s proffered religious-based rationale, which cited God’s hand in creating different races, recognizing instead that “[t]here is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.” 388 U.S. 1, 11 (1967). Ultimately, the Court recognized that the anti-miscegenation law served no secular purpose, and was based on nothing more than racial discrimination—even if disguised as a moral or religious belief.
As these briefs highlight, discrimination – even if cloaked in the language of religious or moral beliefs – is still discrimination.
This piece is the fifth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
Is it wrong for committed couples to share retirement and medical benefits? Is it wrong for Americans to expect to receive equal justice under the law?
No, but it is wrong for our government to dictate who we can love and who we cannot. It is wrong for our government to recognize some married couples and not others. But that is exactly what the Defense Of Marriage Act does.
Marriage equality doesn’t hurt anybody or take away anybody’s freedoms. But DOMA does both of those things. Supporters of DOMA sound dangerously like those who said we should outlaw interracial marriages in the previous century. It’s time for this country to say we are done with DOMA and dump it.
Reverend Charles Williams II
Member of People For the American Way’s African American Ministers In Action
This piece is the fourth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
Attending weddings is always an interesting phenomenon for queer Americans. We might celebrate in the festivities, box out our cousins for the bouquet or present a toast. Yet, for most queer people, myself included, there remains the thought in the back of our minds that -- try as we might -- a federally-recognized marriage is largely beyond our grasp. While I’m not sure when or if I’ll ever try to marry, I am committed to ensuring that American society treats all partnerships as equally valid under the law. Under the Defense of Marriage Act of 1996 (DOMA), the federal government denies married same-sex couples every one of the 1,000+ federal legal protections that marriage affords and institutionalizes a negative stigma of lesbian, gay, bisexual, trans, and queer/questioning (LGBTQ) people. For these reasons alone, DOMA is antithetical to a “free” America where all citizens are seen as equal under the law.
DOMA’s effects extend even further, however. For instance, the repeal of DOMA is also an issue of economic justice. Because DOMA prevents queer couples from filing their taxes together and sharing health benefits, these couples often pay more than heterosexual couples for the same services and opportunities. DOMA not only prevents same-sex couples from taking on the full benefits and responsibilities of marriage, it penalizes them financially.
The question of whether to “Dump DOMA” is clear for me. As more and more Americans favor marriage equality and as courts reject its reasoning, it’s only a matter of time before all Americans are afforded equal marriage rights under the law. I believe the “arc of history bends towards justice,” and I believe this is a time for all Americans to stand with their queer family, friends, and community members against injustice. DUMP DOMA TODAY!
Erik Lampmann, University of Richmond
Member of affiliate People For the American Way Foundation’s Young People For Program
DOMA’s Days Are Over
This piece is the third in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
All Americans deserve equal treatment under the law. The President has acknowledged that, as have the nine states (plus the District of Columbia) that allow gays and lesbians to marry. A number of other states offer some form of relationship recognition status. But thanks to DOMA, the federal government doesn’t recognize all legally married couples, and states can refuse to recognize same-sex marriages from other states. And in Montana, same-sex couples can’t get married to begin with. That's why I care about dumping DOMA.
I'm queer and would like the chance to marry the person I love someday. Heck, I've got a master's degree and was elected to the City Council at age 28, but I'm not to be trusted with a lifelong commitment? All loving couples should have access to the legal protections they need to take care of each other, and I don't feel like I should have to move to a city to be myself and have the kind of life I want.
I'm a fourth generation Idahoan and now a proud Montanan, and I want to raise my kid in a place where they can hike, climb, backpack, fish, and hunt just a few minutes from home. Most Montanans value fairness and dignity. They judge you more by how you treat your neighbor than what you do in the privacy of your own bedroom. They believe in following the law. I think my fellow Montanans will come around when they see the sky doesn't fall when committed same-sex couples tie the knot.
So let's do it. Let's dump DOMA, and allow all Americans to pursue happiness by marrying the person they love.
Caitlin Copple, Missoula, MT City Councilmember
Member of affiliate People For the American Way Foundation’s Young Elected Officials Network
She Deserves to Be My Wife
This piece is the second in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
Love. The love of the one who makes us smile, the one who makes us laugh, the one who makes us feel like we are the only person in the world. The one who makes us wonder, why did God wait to bring this person in our lives? The one who makes our toes curl and shiver every time we think about them, hear their voice, see their face, or have intimate moments. Yes, love is what every human being should be afforded while on this earth and on this journey called life. And once we find that true love, we want to make it official and spend the rest of our days enjoying them and experiencing life with them. However, it seems that some people only believe that this bliss or joy should be extended to those of different genders.
The first time I heard the word “partner” for same-sex couples, my friend referred to her mate in that way. I must admit, I questioned how could this term be appropriate for same-gender loving couples. Was it a business relationship? To me, partner is so formal, while wife or husband is so personal. And who refers to the one they love in a formal way? The ones we love we call “baby,” “sweetie,” “honey,” “sugar,” “darling,” and “my dear.” It seems to me that this “partner” term was given to those same-gender loving couples to diminish the true love and awesome power that they experience when being with one another. Yes, there is a partnership involved. But I think it’s time to recognize that same-sex couples are as “qualified” for marriage as heterosexual couples. Love in my faith tradition is represented in heart, soul and spirit. It is that love – that love that binds and unifies heart to heart and spirit to spirit that obligates me to say to my friend, “Yes, you have a partner and you also have a wife.”
We are in the 21st century, and the way I see it, it’s time to dump DOMA simply because it discriminates against those who deserve to have their relationships recognized in whatever way they choose – which should include as marriages. It’s time to dump DOMA because it hurts and humiliates those who know love and who practice showing it each and every day. It’s time to dump DOMA because it alienates and afflicts those who love with their heart and are simply in need of their rights being extended to them. It’s time to dump DOMA and celebrate the manifestation of love in every relationship. It’s time to afford every human the opportunity to marry and be respected as loving families who contribute to the wonderful world that God created and are a part of making it go around.
Dump it, and create a better world for all human-kind!
Bishop Allyson Abrams
Member of People For the American Way’s African American Ministers In Action
This piece is the first in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
Jon Stewart once said he was fine with gay people getting married, and even fine with them having children, but…“two Jewish mothers?”
I am the twin sister of a brilliant, if sometimes hard to understand, Princeton computer science and philosophy major. I am a product of the New York City public school system and a junior at Oberlin, a small liberal arts college in Ohio. I am a twenty-year-old woman and I am the daughter of two strong and courageous Jewish women.
Since the Supreme Court announced it would take the case of 83-year-old Edith Windsor, a case challenging the federal Defense of Marriage Act, many wonder if marriage equality is in the near future. Edie Windsor, a widow after 40 years with her partner Thea Spyer, was saddled with a federal estate tax bill of $363,000 when her partner Thea passed away. This story is deeply moving and familiar in the concerns it raises. My family also deals with what we call the “gay” tax. We pay thousands of extra dollars each year so one of my moms can be covered by the other’s health insurance plan. If they were married, it would be free. Both of my moms had to buy extra life insurance, because if one died we wouldn’t be able to afford the "gay" federal estate tax imposed on us from the ownership transfer of our apartment. If my parents were married, it would be inherited with no taxes at all.
People ask me all the time what it was like growing up with two moms and I always answer the same way. Instantly defensive, as the self-proclaimed spokesperson for what my moms call the “first generation of gaybies,” I say that growing up with two moms is not different at all. I was lucky, I reply, to have two loving parents at all, and their parenting – not their gender – is what has made the most difference in my upbringing.
And I mean it.
But the truth is, it’s also different – the differences are just harder to talk about. Having two moms has meant that people have questioned my sexuality and my brother’s sexuality. It has meant that people have questioned the way I was raised. It has meant that people feel justified in openly discussing and sharing their opinions about my personal life. It has meant having to consciously decide in every new group whether to cautiously mention ‘my moms’ or to safely and cowardly stick with ‘my parents.’ It has meant hiding part of my identity.
When Mitt Romney said that he “didn’t know they had families,” referring to same-sex couples, I was shocked and then horrified. How could a man running for president not know families like mine exist? How could he erase families like mine from his view of America?
We need to dump DOMA now to let the whole of the United States know that such discrimination and misinformation is harmful to LGBT families. Legal advocates sometimes point to unfair taxation to explain why DOMA is unconstitutional, but the problem goes beyond monetary inequality. DOMA has to go, not just because of my family or because of extra taxes, but because of the bigger message it sends. DOMA has to go because it teaches that our country can devalue some people while taxing them more. It teaches that gay families do not matter.
Sam Paltrow, Oberlin College
Member of affiliate People For the American Way Foundation’s Young People For Program
On Friday, the Supreme Court agreed to hear two landmark cases on marriage equality. Yesterday, Justice Antonin Scalia reminded us again why gay rights advocates, to put it mildly, aren’t counting on his vote.
Scalia is the Supreme Court’s most outspoken opponent of gay rights. He led the dissent to the two major gay rights decisions of his tenure on the Court, the decisions to strike down Texas’ criminal sodomy law and to overturn Colorado’s ban on local anti-discrimination measures. And in his spare time, he minces no words about his uncompromising opposition to gay rights. Here are seven of his most egregious anti-gay statements:
A conservative George H. W. Bush nominee on the 2nd Circuit Court of Appeals authored a strong decision today declaring section 3 of the discriminatory Defense of Marriage Act unconstitutional. Earlier this year, a federal district court judge in Connecticut, that one a Bush-43 nominee, also declared the law unconstitutional. So did a unanimous panel of the First Circuit Court of Appeals.
The case before the 2nd Circuit was that of Edith Windsor, an octogenarian in New York who lost her wife in 2009; they had been together for forty years. The New York Civil Liberties Union, which is representing Windsor, described her case in a press release this summer:
Windsor and Spyer lived together for more than four decades in Greenwich Village. Despite not being able to marry legally, they were engaged in 1967. In 1977, Spyer was diagnosed with multiple sclerosis, and Windsor helped her through her long battle with that disease. They were finally legally married in May 2007.
When Spyer died in 2009, she left all of her property to Windsor. Because they were married, Spyer's estate normally would have passed to Edie as her spouse without any estate tax at all. But because of DOMA, Windsor had to pay more than $363,000 in federal estate taxes. Payment of the federal estate tax by a surviving spouse is one of the most significant adverse impacts of DOMA since the amount owed, as was true in this case, is often quite substantial.
"Edie Windsor, who recently celebrated her 83rd birthday, suffers from a serious heart condition," said Roberta Kaplan, a partner at Paul Weiss and counsel to Windsor. "Because the District Court's ruling in her favor is entitled to an automatic stay of enforcement, Edie cannot yet receive a refund of the unconstitutional estate tax that she was forced to pay simply for being gay. The constitutional injury inflicted on Edie should be remedied within her lifetime."
The 2nd Circuit opinion leaves no ambiguity as to the discriminatory harm done by section 3 of DOMA. Ian Millhiser at Think Progress pulls out this paragraph of the decision:
[W]e conclude that review of Section 3 of DOMA requires heightened scrutiny. The Supreme Court uses certain factors to decide whether a new classification qualifies as a quasi-suspect class. They include: A) whether the class has been historically “subjected to discrimination,”; B) whether the class has a defining characteristic that “frequently bears [a] relation to ability to perform or contribute to society,” C) whether the class exhibits “obvious, immutable, or distinguishing characteristics that define them as a discrete group;” and D) whether the class is “a minority or politically powerless.” Immutability and lack of political power are not strictly necessary factors to identify a suspect class. Nevertheless, immutability and political power are indicative, and we consider them here. In this case, all four factors justify heightened scrutiny: A) homosexuals as a group have historically endured persecution and discrimination; B) homosexuality has no relation to aptitude or ability to contribute to society; C) homosexuals are a discernible group with non-obvious distinguishing characteristics, especially in the subset of those who enter same-sex marriages; and D) the class remains a politically weakened minority.
That’s an unambiguous indictment of DOMA and of all laws that discriminate against gays and lesbians. Nevertheless, House Speaker John Boehner, who has now spent $1.5 million taxpayer dollars in an attempt to defend DOMA, is likely to appeal the case to the Supreme Court. But the easier option, as PFAW president Michael Keegan points out in a statement today, would be for Congress just to repeal DOMA. It’s done enough harm to millions of people like Edie Windsor, and its effects will become clearer as more and more gay and lesbian couples are allowed to marry, and find that their marriages aren’t recognized by the federal government.
It has been known for years that Chick-fil-A supports right-wing groups. The company has given out gift cards at the Family Research Council’s Values Voter Summit. At a recent Religious Right gathering, a speaker talked about how wonderful it was to live and work in Atlanta, where, he said, there’s a Baptist church on every corner and the streets are paved with Chick-fil-A.
So I am no fan of Chick-fil-A, but I’m a big fan of freedom, and that includes Chick-fil-A’s freedom to open its restaurants, even in cities where progressive political leaders don’t like the reactionary politics promoted by the company and its owners.
There’s been a robust campaign by advocates for LGBT equality to call more attention to Chick-fil-A’s contributions to “traditional family” groups, which total in the millions of dollars. But the feathers really flew when company president Dan Cathy made comments in an interview with Baptist Press bragging about his company’s position on marriage – “guilty as charged” -- and his comments to an Atlanta radio station.
I think we are inviting God’s judgment on our nation when we shake our fist at him and say, ‘We know better than you as to what constitutes a marriage,’” said Cathy.
I pray God’s mercy on our generation that has such a prideful, arrogant attitude to think that we would have the audacity to try to redefine what marriage is all about,” he added.
It’s no surprise that Cathy’s comments have stirred supporters of LGBT equality to respond. Much of that response has been in the best traditions of free speech and protest. In Washington, D.C., this week, the Human Rights Campaign organized a protest in front of a Chick-Fil-A food truck. Other activists have rallied outside Chick-Fil-A stores and some students have protested the company’s presence on their campuses.
In addition, a number of political leaders have spoken out in defense of marriage equality and in opposition to the company’s support for discrimination. Twenty years ago, I would never have imagined elected officials taking the time to publicly criticize a business on behalf of the ability of same-sex couples to get married. It’s a good thing – a sign of amazing progress.
But a couple of politicians have gone too far – suggesting that the power of government should be used to prevent the company from opening restaurants based on its political donations and the positions of its owners. That’s not a good thing. As a matter of principle, the government shouldn’t treat individuals differently based on their political or religious beliefs, or companies based on the political activities and contributions of their owners. As others have noted, we wouldn’t want cities or states to have the power to prevent the opening of stores whose owners support LGBT equality or other progressive causes.
People For the American Way’s headquarters is located in the District of Columbia, where elected officials have recognized that LGBT people should be treated equally under the law. DC’s progressive public policies stand in stark contrast to the anti-equality work of groups like the Family Research Council, but we would never suggest that the DC government could or should have prevented FRC from planting its headquarters in the center of downtown DC. Our commitment to freedom and equality should extend to those who don’t share it.
Congressman Allen West (R-FL) is out with a new ad this week. Set to soaring, dramatic music, the Congressman tells the story of his upbringing and how describes how his father gave him the opportunity live the American Dream. He runs through typical Republican talking points calling for tax cuts and slashing services, and laments the failings of Washington. It’s standard campaign-ad fare, and he concludes by stating “I’m just getting started; that’s the American Way.”
However, West’s record suggests that his notion of the “American Way” is rather at odds with the Constitution’s promise of freedom and equality for all.
The First Amendment guarantees the freedom of religion for all Americans, and Article VI of the Constitution states that “no religious test shall ever be required as a qualification to any office or public trust under the United States.” But West thinks that Representative Keith Ellison (D-MI), a practicing Muslim, represents the "antithesis of the principles upon which this country was established." He also harbors some vehemently anti-Islamic ideas.
America is a country that values free speech and open debate. Yet West has a habit of resorting to calling his colleagues who disagree with him Communists. Liberals, he said, can just “Get the hell out of the United States of America.”
Freedom of the press doesn’t seem to be high on his list either. He once called for censoring American news agencies for publishing information about the government’s activities.
West believes America is a land of opportunity – something to which he owes his own success – but “equality” and “fairness” somehow fly in the face of liberty. Marriage equality, he says, is not only un-American but will destroy society as we know it.
Congressman West may have produced a slick ad, but the agenda he pushes in Congress would increase inequality, harm working families, destroy core constitutional liberties and cripple Americans’ ability to address pressing problems through government. That’s not the American Way.
This afternoon, the full 9th Circuit Court of Appeals declined to hear an appeal of the Prop 8 case. In February, a three-judge panel of the 9th Circuit struck down Prop 8, finding California's revocation of the right of same-sex couples to marry same-sex marriage ban to be unconstitutional. The 9th Circuit's decision means that either the Supreme Court will take up the case or the 9th Circuit’s decision striking down the law will stand.
The appeals court ruling is on narrow grounds unique to California, where same-sex couples were left with all the state rights of marriage but not the name. It found that taking away gay and lesbian couples’ designation of “marriage” while leaving their rights unchanged did not serve any of the purposes put forth by its defenders. Instead, its only purpose and effect was to lessen a targeted group’s status and dignity by reclassifying their relationship and families as inferior. The Court did not address the larger question of whether gays and lesbians have a constitutional right to marry. While the Supreme Court will be presented with the narrower question as framed by the Ninth Circuit, it is impossible to tell, if it agrees to hear the case at all, whether they will rule on this principle or more broadly on the ability of states to deny lesbians and gays the right to marry.
A federal appeals court in Boston today upheld a lower court ruling that called the key section of the so-called “Defense of Marriage Act” unconstitutional. Section 3 of DOMA bans the federal government from recognizing legal marriages between people of the same sex, meaning that it willfully discriminates against a set of married people when it comes to Social Security benefits, joint-filing tax breaks, military spousal benefits and immigration. When DOMA was passed in 1996 no states allowed gay and lesbian couple to marry – its provisions were purely theoretical. Today, marriage equality exists in six states and the District of Columbia, and DOMA actively harms thousands of married Americans – 100,000 couples, according to the court.
In its decision concluding that DOMA violates the Constitution, the unanimous First Circuit panel – two out of three of whom were nominated by Republican presidents – was cautious. The panel said that under First Circuit precedent DOMA doesn’t trigger “heightened scrutiny” – a tougher standard for the federal government to meet. It also declined to address any arguments based on the premise that lesbians and gays have a constitutional right to marry (as opposed to having their existing marriages recognized by the federal government).
But the court was clear that Section 3 of DOMA does not meet the “rational basis” test for upholding a federal law that denies equal protection to a group long subject to discrimination – in other words, there’s just no good reason for DOMA to do the harm that it does.
The court looked at several justificiations offered for the law by DOMA’s supporters and found that each comes up short. Supporters say DOMA will save the federal government money (reports say that it actually costs the government money…and saving money isn’t a good enough reason for legal discrimination in the first place); that allowing lesbians and gays to marry harms children (it doesn’t, and Section 3 of DOMA doesn’t affect these couples’ rights to raise children anyway); and just plain moral disapproval (Supreme Court precedent says this isn’t enough of a reason). And finally, the court takes on the constant argument of opponents of same-sex marriage: that somehow gay couples getting married will harm the institution of marriage for everyone else:
Although the House Report is filled with encomia to heterosexual marriage, DOMA does not increase benefits to opposite-sex couples--whose marriages may in any event be childless, unstable or both--or explain how denying benefits to same-sex couples will reinforce heterosexual marriage. Certainly, the denial will not affect the gender choices of those seeking marriage. This is not merely a matter of poor fit of remedy to perceived problem, but a lack of any demonstrated connection between DOMA's treatment of same-sex couples and its asserted goal of strengthening the bonds and benefits to society of heterosexual marriage.
This is the crux of any number of court decisions that have struck down barriers to marriage equality. The main reason given for many laws that seek to deny marriage rights to gays and lesbians is that same-sex marriage will somehow weaken marriage for everybody else. It’s a claim that just doesn’t hold water.
The First Circuit panel did, however, go out of its way to defend DOMA’s supporters even while rejecting the law.
The District Court judge whose ruling the appeals court upheld declared that DOMA was motivated by “irrational prejudice” toward gays and lesbians. The First Circuit explicitly refuses to go there, instead stating that while that may have been true for some supporters, others were motivated instead by what it characterizes as the non-biased wish to “preserve the heritage of marriage as traditionally defined over centuries of Western civilization.” Under recent Supreme Court precedent, they write, the wish to uphold tradition isn’t a good enough one for denying equal protection. But the Supreme Court can change that if it wants:
In reaching our judgment, we do not rely upon the charge that DOMA's hidden but dominant purpose was hostility to homosexuality. The many legislators who supported DOMA acted from a variety of motives, one central and expressed aim being to preserve the heritage of marriage as traditionally defined over centuries of Western civilization. Preserving this institution is not the same as "mere moral disapproval of an excluded group," and that is singularly so in this case given the range of bipartisan support for the statute.
The opponents of section 3 point to selected comments from a few individual legislators; but the motives of a small group cannot taint a statute supported by large majorities in both Houses and signed by President Clinton. Traditions are the glue that holds society together, and many of our own traditions rest largely on belief and familiarity--not on benefits firmly provable in court. The desire to retain them is strong and can be honestly held. For 150 years, this desire to maintain tradition would alone have been justification enough for almost any statute. This judicial deference has a distinguished lineage, including such figures as Justice Holmes, the second Justice Harlan, and Judges Learned Hand and Henry Friendly. But Supreme Court decisions in the last fifty years call for closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern.
Recognizing that the Supreme Court will likely review its reasoning, the court stayed the decision, so it will not go into effect yet.