National NOW Times >> Fall 2011  >> Article

Momentum Growing for Equal Marriage

After more than 15 years of advocacy for equal marriage, NOW is finally seeing increased momentum to repeal the 1996 Defense of Marriage Act (DOMA), which prohibits the U.S. government from recognizing same-sex marriages.

While same-sex couples can now legally marry in six states and the District of Columbia, DOMA singles them out for discriminatory treatment, thereby denying them more than 1,100 federal spousal and survivor benefits, such as filing joint tax returns, receiving spousal benefits under Social Security, or taking unpaid leave to care for a spouse.

The Respect for Marriage Act, which would repeal DOMA, was originally introduced by Rep. Jerry Nadler (D-N.Y.) in 2009 with NOW by his side. This year the bill (H.R. 116) was again introduced by Nadler, and a Senate version (S. 598) was introduced by Sen. Dianne Feinstein (D-Calif.). The House bill currently has 120 sponsors, and the Senate bill has 28 sponsors.

On July 20, the Senate Judiciary Committee held the first congressional hearing on the repeal of DOMA, which included heartbreaking stories of the harm caused to real people by DOMA. People like Lynda, who was denied time off under the Family and Medical Leave Act to care for Raquel, her married spouse in Vermont, who suffers from degenerative arthritis. And Ron, married in California, whose income decreased by 70 percent when his partner died and he couldn't get the Social Security survivor's benefit that would have allowed him to stay in their family home.

DOMA undermines the very purpose of programs like Social Security and the Family and Medical Leave Act by making it more difficult for families to provide mutual support. The Respect for Marriage Act ensures that all valid marriages are respected under federal law. We need to keep the momentum going, add more co-sponsors and get it passed.