The Obama administration’s decision to no longer defend the constitutionality of the federal Defense of Marriage Act is admirable, both in policy and principle.
Now President Obama must use his influence to encourage federal lawmakers to repeal the law that bans recognition of gay marriage, just as he successfully lobbied Congress to do away with “don’t ask, don’t tell,” the policy restricting gays from serving openly in the military.
The president’s decision on DOMA, as it’s called, is a milestone moment for gay civil rights. But the best way to bring about lasting change in both law and public opinion is to successfully navigate the legislative process of repeal.
While Obama is said to be still “grappling” with his own personal views on gay marriage, we trust he would bring all his political and legal acumen to bear in such a debate and we hope he would prevail.
And he very well might. It has been surprising and encouraging to see the evolution of public opinion in recent years on gay rights.
Colorado’s experience is illustrative. In 2006, Coloradans passed Amendment 43, which ensconced in the state constitution the definition of marriage as a union between a man and a woman. On the same ballot, voters declined to pass Referendum I, a domestic partnership bill.
It was a disheartening political moment. Now, however, there seems to be significant support for a bill pending in the Colorado legislature that would give state sanction to civil unions for gay and lesbian couples.
According to its sponsors, the Colorado Civil Union Act makes clear the difference between civil unions and marriage. Many Democrats are on board with the measure, and it appears the bill may have some GOP votes as well.
Supporters say recent polls show Coloradans are ready to support civil unions. We hope lawmakers see the wisdom of approving civil unions, an intermediary stop on the way to full civil rights for gays and lesbians.
The process of debating the issue and gauging constituent attitudes is a valuable one. That’s why we hope the president’s decision on DOMA is just the first step.
Passed in 1996, DOMA affects hundreds of federal programs in which marital status is a factor. It has denied gay couples the ability to file joint tax returns and collect Social Security survivor benefits.
The law has been the subject of many legal challenges, and last July, a federal district court ruled it unconstitutional, a decision that remains on appeal.
After analysis of cases pending in court, the administration decided the law is subject to a heightened standard of scrutiny. The president concluded DOMA could not sustain challenges under those conditions.
While the administration has come to the conclusion the law is not on their side in defending DOMA, it’s not clear the public is quite there yet.
A variety of polls show public opinion is essentially split on the issue, which is a big change from even just a few years ago when only a third of Americans favored gay marriage.
We think this important shift in the administration’s position is one of those moments that may cause some to rethink their opinion when it comes to gay marriage. It’s a conversation worth having.
