Coffeehouse regulars are well aware of the answer to this question — the Defense of Marriage Act.
Under the law, also known as DOMA, no state (or other political subdivision within the United States) needs to treat as a marriage a same-sex relationship considered a marriage in another state (DOMA, Section 2); the federal government defines marriage as a legal union between one man and one woman (DOMA, Section 3).The bill was passed by Congress by a vote of 85-14 in the Senate[1] and a vote of 342-67 in the House of Representatives,[2] and was signed into law by President Bill Clinton on September 21, 1996.
And as a result of this disgusting law, states began passing marriage amendments.
As of April 2009, 29 states have enacted constitutional amendments defining marriage as the union of a man and a woman, and another 13 states have statutory bans, including Maine, which approved a same-sex marriage law that was repealed by referendum in the United States general elections, 2009.[38]
Kate and I married on July 1, 2004 in Vancouver, British Columbia, Canada. At that time it was the only place we could legally marry in North America. Today, our marriage is recognized in a few states — Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington, D.C.; the Coquille Indian Tribe in Oregon also grants same-sex marriage. New York, Rhode Island, and Maryland recognizes same-sex marriages, but they are not granted.
And then of course, you have the perversion of separate-allegedly-equal civil unions and domestic partnerships, which in theory gives couples (from the perspective of state government) equal legal recognition.
DOMA is clearly unconstitutional from a common sense perspective — there is no sane justification for the fact that when Kate and I get on a plane and fly to New York that we’re married, and when we return to North Carolina we’re not. My state fortunately has not passed a marriage amendment; it does have a state DOMA to ensure our union is not recognized.
Yet my state-issued drivers license is valid in all 50 states. What’s the difference? It’s really that simple – we’re talking about the culture of marriage, the heterosupremacy, the church/state conflation of marriage. It does NOT help that in the White House sits a president who is a constitutional scholar bleating that “God is in the mix” and that marriage is between a man and a woman. I really don’t care about the political “safety” about this position at this date and time. It’s an absurd position that only underscore what we’ve seen occur over and over — the LGBT community is tossed overboard when it comes to civil rights. The stated positions of this administration always default to pandering toward the bigots, even when those positions fly in the face of common sense. It’s quite sad.
What’s enraging is the Obama administration’s attack on my marriage by using spurious excuses to defend DOMA through the Department of Justice. No one in the administration is willing to answer direct questions about DOMA (and DADT for that matter) related to their constitutionality. For instance, take a look at this exchange between The Advocate’s Kerry Eleveld and Press Secretary Robert Gibbs:
The Advocate: A growing number of people have started to call on the administration not to defend what the president refers to as the “so-called” Defense of Marriage Act – including Steve Hildebrand last week and the Human Rights Campaign, which is the largest LGBT community lobby and, quite frankly, it’s usually fairly favorable toward the administration, so it was a turnaround for them to call on the administration not to defend that law.
The president has called DOMA discriminatory. Does the president believe that a discriminatory law is constitutional?
Robert Gibbs: I don’t… the president hasn’t to the best of my… I have not heard the president intone what he believes the constitutionality of the law is. I know that he believes the law should be changed.
Legal decisions around next steps in that case, I believe, will be made at the Justice Department and I would point you over there to them.
Again, the president believes, in this case, and the president believes in the case of “don’t ask, don’t tell” that those are laws that he has believed for quite some time should be changed.
What kind of answer is that? Reading between the lines, the clear message here is that the administration intends to tap dance around a clear answer until it is forced to by the string of legal cases winding their way to SCOTUS. It’s an embarrassing strategy quite frankly, but as we’ve come to see, this is not an administration we can call a “fierce advocate” based on actions. It talks a good game, but when you have Steve Hildebrand and HRC calling 1600 Pennsylvania Avenue out, this administration is really running out of tap dance time. Hildebrand to Eleveld:
Is there anything you’re disappointed with that you’ve communicated to the administration?
I’m very perplexed on the administration’s continued defense of DOMA in the courts. The Justice Department is not required to defend laws passed by Congress — they have a history of doing it but it’s not a requirement. Their ultimate duty is to defend the Constitution of the United States and if Congress passes a law that is discriminatory and doesn’t pass muster of constitutionality, the Justice Department in my opinion should not defend those laws. In fact, they should find ways to make sure that those laws are stricken down by the courts.I’d like to see the president and Attorney General Holder announce that they will no longer defend the Defense of Marriage Act and to agree with the judge’s findings in the Massachusetts’ court case.
Meanwhile, as we are up in Maine doing a late celebration of our sixth anniversary, our marriage remains a tattered patchwork of civil rights and obligations in this country, and zero rights in our home state.
Our legislators are behind the times when it comes to cultural change on marriage. We live in North Carolina and have not experienced discrimination when introduced as a married couple. Most of the time we’re asked where we got married and whether it is legal — that is, of course, an ice breaker and opportunity to educate people about the fact that we may be married, civil unioned, domestic partners or strangers in the eyes of the law depending on what state we are in. People are usually perplexed, and even in a state with a good level of cultural conservatism, it’s hard to dismiss us as unworthy of rights when it’s a one-to-one conversation with a same-sex couple willing to speak about the issue.
What will it take for our “advocates” to grow a political spine? The religious bigots will be on the wrong side of history. We know this. The White House knows this. Congress knows this. The cultural change is bubbling up by more married same-sex couples who are out and willing to talk about their love, commitment, respect and desire for the same rights and responsibilities as any opposite-sex couple. Yet they have to also speak about their marriages being dismissed by the “most LGBT friendly administration ever” as less-than because of its own cowardice and political homophobia.
All photos save the wedding day pic:
Julie Atwell Photography
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The Advocate: A growing number of people have started to call on the administration not to defend what the president refers to as the “so-called” Defense of Marriage Act – including Steve Hildebrand last week and the Human Rights Campaign, which is the largest LGBT community lobby and, quite frankly, it’s usually fairly favorable toward the administration, so it was a turnaround for them to call on the administration not to defend that law.
32 Comments


Gratz on the anniversary!I saw you were listed the attendance list for the counter-protest in NC for when NOM gets here in a few weeks:
http://www.facebook.com/home.p…
Wonder if they’ll get the permit to do the counter-rally, and if Freedom to Marry will recognize the counter-rally event, they don’t seem to list NC yet.
NOM and NC rallyI think we’re going to be on our own unless Freedom to Marry steps up, and Equality NC gives a blessing to a counter demonstration. Honestly, the best way to avoid the comparison of numbers is to have married couples hold a press conference as a counter, rather than a just a protest. This is difficult since many people have to work (I’m marking yes as attending, but I can’t yet confirm since it is during a work day and my schedule can change at the last minute). Success is really about covering their side’s inanity unless we can counter with married couples in NC who don’t have full equality.
Beautiful photos of two gorgeous women! Thanks
I know ENC is putting together that blogthing at a counter point to NOM.
http://www.encfamilies.blogspo…
With your great wedding & other pics, are you working up one of those story/photo blog submissions?
My grad classes don’t start back until the week of the 16th, so I’m looking at ways to get involved. I do like the idea of not letting NOM go unopposed. But I do agree there is some concern about having the number comparisons, and of course not feeding into their meme of hostile gays can’t be trusted especially not with the release of names on petitions. Maybe the counter press conference will work out.
I forgot to show you the other night, Pam……that while I have rings on my left hand, neither of them are my wedding band. I took it off last year during the No On 1/Protect Marriage Equality campaign; it is in a safe place among my favorite jewelry.
I don’t know when I will put it on again. I hope I will be able to wear it again.
But something very personal happened inside of me when that man from the opposition I told you about from the public hearing got right into my face and yelled at me, as hard as he could. For the first time, I “got” it- and I couldn’t wear my wedding ring in good and clear conscience.
Once again, it was a true pleasure to meet you and Kate; she is even more beautiful in person than in the photos you share here on the Blend. It’s a beauty not only skin deep, but strongly rooted in years of marriage- I saw it clearly in you as well- that love and commitment that endures, that gives and grows, that emanates and touches all who speak with you both.
It is astounding to me that there are people who are incapable of seeing your marriage as not equal, not valid, not a real commitment. I pity them.
I’m anxiously awaiting PropH8 Trial Decision……from Judge Walker. I’m sure it’s due any day and really hope the recent ruling against DOMA in MA might be factoring into his decision.
Great photo’s and congrats on the 6 year anniversary. Me and mine were married in CA August 2008 and are part of the currently exclusive 18k club. I can’t wait to open the membership roles!
On a side note, I wrote my first diary here last week on the CA assembly race between Andrew Pugno (lawyer for Prop 8 and filer for request to roll back the 18k marriages). I would love to get some love from you on that issue. I just can’t stand the thought of that man representing us in our state assembly district.
My Diary
Thanks for all you do Pam… love to see your stuff on dKos and twitter.
Cooper
I just sent an entry inWe’ll see when/if it goes up soon!
What will it take for our “advocates” to grow a political spine?I don’t think they ever will.
What it will take is for all those who believe in equal rights — for LGBT, for immigrants, for those who don’t have enough money to buy their way into power, for those without enough money to get health care — to get together long enough to be able to make more noise, and more calls, and more protests than the haters.
Then the politicians will listen. Maybe.
It is up…Celebrating our Families: Pam and Kate Marry
thank you, LouiseThat is a very meaningful gesture, a reminder to share with allies when they ask about what they can do to remind themselves (and to share with others), what it is like to feel “othered” by the majority.
I treasure the fact that you not only “get it” but are able to clearly and personally articulate the issue to potential political allies who ‘aren’t quite there yet.”
When I get asked “is your marriage legal here?”I try to remember to say that while the state doesn’t recognize it, there is nothing keeping people, organizations, churches and companies from recognizing it. Saying this removes the assumption of state-sanctioned discrimination and puts people in a powerful personal decision-making position. Most often the response is one of “right! good!” as they realize that they’re not required to disrespect our marriage.
Happy AnniversaryIt a matter of time. I have noticed a steady and fairly rapid shift towards tolerance throughout the country. Even in rural or conservative areas, the population seems increasingly indifferent to gay peoples presence in society. The religious right backlash hit its high water mark in 2004, and has been subsiding ever since despite rapid gains by gay rights activists, and fanatical advocacy by religious social policy organizations.
I think the prop8 decision in Cali, and the DOMA ruling in Mass will open the doorway to equality under the law. Either one of these should be sufficient to make the state amendments meaningless. But even if we lose both, there still are state legislatures that are slowly turning around on gay rights. Ultimately the population itself will overturn these laws if the courts and legislatures fail to do what is right.
FacesofMarriage.orgReading this got me thinking about a new web campaign where couples can send in a picture of their wedding/commitment ceremony as well as what state they held that in and where they currently reside – with “Legal” or “No Legal Status” presented.
Of course it wouldn’t only be open to just ceremonies, but people who have a license could post a (redacted) photo of them with the certificate if they don’t have a ceremonial picture.
Plus it’d be open to all couples, no matter gender, race, etc. So my Black coworker could put up a photo of him and his Japanese wife together. (Countries could also be included)
Of course the sticky issue would be privacy concerns, but I think it’s an interesting idea to show who is married, how they were married (ceremony or no), and what legal benefits they have or do not have.
Blame it on BillYour marriage is not legal because Bill Clinton made it that way.
I can only ask what you — and your cohorts — were doing back then to protest this evil policy.
Now it is law — and it will take far more than boo-hoo blame-the-black-guy tactics to get it undone.
This is going to be a long slog; are you prepared for battle.
And what are you willing to sacrifice along the way?
These are the real questions you and every so-called LGBT “leader” should be asking themselves and their constituents!
In defence…In Clinton’s defense the DOMA had some positive effect. It gave cover to Democrats and moderate Republicans to claim a Federal Marriage Amendment was unnecessary. Its speculation, but I suspect FMA could have passed congress if it wasn’t for DOMA. But yeah, time for DOMA to go.
“Engaged”After nearly ten years as a single man and beginning to think I would never meet another man last Christmas brought him to me. We were introduced by a mutual female friend of ours that I met while working on the Obama campaign as a volunteer. On July 4th weekend he proposed to me and we plan to be married in Washington DC at the reflecting pool.
I used to be one of those who said who cares about marriage, domestic partnerships are good enough. Well not any more. I want it all for me and my future husband.
Here is a link to explain why we need the administration to appeal the DOMA rulinghttp://sdgln.com/causes/2010/0…
A truly noble gesture LousieCongratulations Pam and Kate!!! My husband and I were married on June 17, 2008 and are part of the exclusive California 18K. After Prop 8 passed, we replaced our wedding rings with HRC equality rings to show support for marriage equality.
Hetero-privilege: Un-divorced in the NYTimesI was struck by the NYT article this weekend about straight spouses who, for all intents and purposes, are no longer together, but are also not divorced.
http://www.nytimes.com/2010/08…
It felt like a slap in the face: Straight couples can use marriage in any way they please, gay couples have to fight for it, collecting shreds and crumbs of it along the way.
To be clear, I support the un-divorced folks in the article. The decision to be married to one person, and remain married, or not, is entirely personal, not subject to any public litmus test.
You really chocked me up.Your story really moved me because yesterday I sent my R.S.V.P. to my friend’s Baby Shower. They are one of 18,000+ couples legally married in that State of California before Prop H8 was passed. They are a beautiful, young, deeply loving couple who are starting a family, yet their family is going to be left out in the cold legally just because they happen to be two women and not a man and a woman. The pseudo-Christians are so full of hate that they would rather harm an innocent child by denying her parents equal rights.
The pseudo-Christian homophobes will say that Lesbians and Gays can’t get married because they produce no off-spring. Well, my friends are having a baby and they are Lesbians so their marriage doesn’t count, but my homophobic, racist father and his young new wife will never have children but their marriage counts.
Why are Lesbian and Gay marriages not protected by the Full Faith and Credit clause of Article IV, Section 1 of the United States Constitution but our drivers licenses are? You’re right, it really is that simple.
Why are legally married Lesbian and Gay couples not given the 1,138 Federal Rights associated with marriage? Well, that’s because of the Unconstitutional DOMA.
Congratulations on your Anniversary (a month late) and I hope that you and your wife and all my friends and family (and myself) will very soon be treated as equal human beings in the United States of America and not like some non-human things as we are all treated now.
Lots of Love,
Becca
why?didn’t you read the OP?
Veto-proof margin. Far over veto-proof.
zazu is wrong. Again. The Federal Marriage Amendment had nothing to do with DOMA. It was first introduced eight years later in the 107th Congress by another Dixiecrat, Rep. Shows, Dixiecrat of Mississippi. There is no documentation of the FMA being used as a threat in 1996.
Clinton, an unreconstructed Dixiecrat, not only championed DOMA, he rushed to sign it and then boasted about it in campaign ads re he ran on redneck radio outlets.
Clinton decided to betray us in 1996 just as Obama is betraying us now and for the same reason – they decided to pander to religious bigots and in the process became functional bigots themselves. Here are two fascinating videos featuring interviews by Bil Browning of David Mixner, who explains the inner workings of the Clinton and Obama betrayals of GLBT folks, although the main subject is about DADT, they apply to DOMA as well.
http://www.youtube.com/watch?v…
http://www.youtube.com/watch?v…
Not what I wroteWhen FMA was introduced, many Democrats and Republicans said it was unnecessary due to DOMA, including McCain. Clinton signed it for pragmatic purposes, but it would have been passed even with a veto, and it served a purpose.
If you ever get to the WH tell fierce defender/great pretender that it’s our way or the highway. On a more pleasant subject, congratulations and I wish both of you many more.
As my sainted Irish grannma would’ve said…
May you enjoy the four greatest blessings:
Honest work to occupy you.
A hearty appetite to sustain you.
A good woman to love you.
And a wink from above.
What I’ve started saying..Is that yes, our being married is legal here (Illinois), but that it would not be possible for us to get married here, and that it is legal for the state and anyone in it to discriminate against us and choose not to recognize our marriage.
And that current law here is that the state is required to discriminate against us, and we get no legal recognition for our marriage.
The change in people’s reaction has been striking. Back when I was speaking about it as something we weren’t allowed to do, people were politely sympathetic and agreed it was too bad.
But with no circumstances changed at all, simply framing it as that what we are doing is normal and right (and an accomplished fact) and that other people are discriminating against us, their reaction is a universal “That’s not right! How can they do that?”
They need to appeal, not to defend it.The case has to keep climbing through the courts, and to do that, they need to file appeals.
That doesn’t mean that they have to put up a defense, and it most especially doesn’t mean that they have to trot out the bad science and BS like comparing it to pedophilia and bestiality to do so, or to link it to religion.
The administration has the right to recognize that this needs a Supreme Court decision, but it doesn’t need to “defend” the indefensible.
They can show up in court, say nothing beyond “We request that the Court make a ruling on this matter” and rest their case. Then appeal to the next level.
Of course, they can also either put up a deliberately bad defense, or continue to support the BS line of reasoning they’ve used so far, but neither is required.
And I thank youfor many things, including helping me find a voice I never knew I had. Your generosity has helped many people and I think many of us carry that forward, by our own activism and by encouraging others to learn and join our ranks.
When I think that 4 years ago I didn’t know a single LGBTQ person in Maine, let alone have any awareness of my own privilege… thank goodness for the kindness and patience of so many, both on-line and in my daily life now.
For anyone who is where I was- ASK. BE HONEST AND OWN WHAT YOU DO AND DO NOT KNOW. SEEK OUT TRUTH AND TAKE IT WITH YOU; SHARE IT WITH OTHERS, WHO MAY HAVE GOOD HEARTS BUT SIMPLY BE COMPLETELY UNAWARE/ OBLIVIOUS/ HAVE BEEN FOOLED BY THE MISINFORMATION OF ‘SOCIETY’ AND/OR LIES OF THE HATERS.
IT IS UP TO US TO BE THE CHANGE WE WANT TO SEE.
And don’t worry about screwing up, getting it wrong, etc. You are going to do that- you are human- and it’s okay. I screw up all the time, but I own my mistakes and try my damndest to learn from them- and I DON’T LET MY OWN LACK OF KNOWLEDGE STOP ME from learning and helping.
Get involved. It really is very easy. Make a phone call, stop in, contact online. Ask what you can do.
And good luck!
Wish I’d known you then.As I LIVE here in BC, I’d have hosted your wedding!
Obama has publicly regressed on marriage equalityWhat we have to remember is that the President has publicly regressed on this issue, because he actually backed marriage equality back in 1996, when he answered a survey by the Windy City Times.
http://www.windycitymediagroup…
So his reversal is an exercise in political homophobia, plain and simple.
Congrats from VermontCongratulations, Pam & Kate!
Vermonters held their Pride celebration just over a week ago, on July 24. The Vermont Freedom to Marry group walked with beautiful signs representing the flags of all the countries (10) and states (6, including DC) where it is now legal to marry a spouse of the same gender.
Canada, Portugal, Spain, Norway, Sweden, Iceland, Belgium, the Netherlands, South Africa, and Argentina are the countries. Iowa, NH, Massachusetts, Vermont, Connecticut, are the states along with DC.
Here’s a link to some photos. The theme for the celebration and parade was “It takes a village, people,” with obvious reference to the old disco song, but also including the idea that the world can come together for equality.
On the second page of photos, near the end, in the group shot, I’m the one on the middle-right with the blue shirt and a Tilley hat holding the Iceland sign.
The guy holding the sign for Argentina is Argentinian, with a Vermonter spouse. I keep thinking that if we could just get DOMA repealed, we wouldn’t have to pass UAFA (Uniting American Families Act) because we’d be married and have the same immigration rights as all other married spouses. But maybe I’m wrong on that.
As we walked up the 4-block main commercial (pedestrian) area, we were greeted with applause and cheers — and one half-hearted heckler, a woman, seated on the bricks, who shouted “Marriage is between a man and a woman.” Not quick enough on the uptake, it was a block later that I thought of the proper response: “Maybe yours is, but not mine!”
“In Clinton’s defense the DOMA had some positive effect”is what you wrote.
Then you wrote‘Clinton signed it for pragmatic purposes, but it would have been passed even with a veto, and it served a purpose.’
Clinton signed it because he was a functional bigot, a Dixiecrat, pandering to other bigots.
In their coverage of the 96 election Time Magazine reported
After rushing to sign DOMA in a midnight ‘ceremony’ Clinton made clear that he was a bit more than a functional bigot by running these ads on redneck radio: