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Written by Lisa Neff, Staff writer
Nov 16, 2011
Congressional Democrats and gay servicemembers focused on disarming the 15-year-old law that bans federal recognition of same-sex marriages and allows states to refuse to recognize marriages performed in other states.
In the federal court system, the Servicemembers Legal Defense Unit filed a lawsuit seeking equal recognition of gay and lesbian servicemembers and veterans in benefits, compensation and family support services.
At the heart of the suit is a challenge to the Defense of Marriage Act, the 1996 law passed by a GOP-controlled congress and signed by Democratic President Bill Clinton. The legislation no longer has the support of the author of the bill, former U.S. Rep. Bob Barr, and was never pushed by Clinton.
DOMA prohibits the Defense Department from extending marriage benefits to gay and lesbian veterans and servicemembers, who can serve openly with the repeal of the "don't ask, don't tell" policy.
"We are not advocating any special treatment," said Aubrey Sarvis, SLDN's executive director.
Meanwhile, another challenge to DOMA recently earned the legal endorsement of the Democrats in the U.S. House of Representatives.
House Minority Leader Nancy Pelosi, Calif., led 130 other Democrats in filing a friend-of-the-court brief in a case in Massachusetts, where same-sex couples can legally marry but are ineligible for federal marriage benefits.
When the Obama administration decided not to champion DOMA in court, House Republicans stepped in, hiring an attorney and preparing a legal defense.
In early November, House Democrats countered their GOP colleagues with a brief that argues DOMA overtly discriminates against a class of citizens and violates the Constitution's guarantee of equal protection for all under the law.
In the legislative realm, a U.S. Senate committee voted Nov. 10 to move forward a bill to repeal DOMA. The companion bill, however, is not expected to move in the House this session.
