The Senate Thursday took an unprecedented step toward repealing a federal law that prohibits marriage except by one man and one woman.
The Senate Judiciary Committee voted 10-8 along party lines to advance a bill called the “Respect for Marriage Act,” which would gut the Defense of Marriage Act that makes same-sex marriages illegal in the eyes of the federal government. It marked the first time Congress has ever advanced legislation to repeal DOMA, which passed overwhelmingly in 1996 and was signed into law by President Clinton.
Republicans accused Democrats of putting them through a useless exercise in order to appeal to their liberal base. The House, led by Republicans, would never take up such a bill and it’s likely that Senate Majority Leader Harry Reid, D-Nev., will avoid a vote on the legislation because it would force his vulnerable moderate Democrats into a difficult position with the 2012 election just around the corner.
“I believe if he were to schedule a vote on this bill before the next election, he would face a revolution in his own caucus,” Sen. Jon Cornyn, R-Texas., said. “I think it’s a transparent appeal to the special interest group that our Democratic friends believe is a key to their electoral victory in 2012.”
The advancement of DOMA’s repeal by Democrats follows the legalization of gay marriage in half a dozen states and the Obama administration’s decision earlier this year that parts of the law are unconstitutional and will no longer be defended in court.
The repeal bill was sponsored by Sen. Dianne Feinstein, D-Calif., who noted in Thursday’s hearing that six states and the District of Columbia permit same-sex marriages and that there are more than 131,000 legally married same-sex couples in the United States.
“These changes reflect a firmly established legal principle in this country,” Feinstein said. “Marriage is a legal preserve of the states. DOMA infringes on this state authority by requiring the federal government to disregard state law, and deny more than 1,100 federal rights and benefits to which all other legally married couples are entitled.”
Republicans, however, have been vigorously defending DOMA, pointing out that dozens of states have passed initiatives defending the traditional marriage.
House Speaker John Boehner, R-Ohio, announced in March he would hire lawyers outside of the government to defend DOMA if the Obama administration would not do so. Most recently, Boehner has threatened to take money from the Justice Department to pay for Congress to defend it with their own legal team.
Judiciary Committee Republicans on Thursday said the Democratic bill repealing DOMA would infringe on the rights of states opposing same-sex marriages.
“What would happen is that for the first time, millions of Americans living in states that have chosen to affirm traditional marriage would nonetheless be forced to subsidize federal rights and benefits for individuals in same sex marriages,” Sen. Orrin Hatch, R-Utah, said.
Senate Majority Whip Richard Durbin, D-Ill., who, along with the other Democratic leaders voted for DOMA in 1996, said the bill would end discrimination.
“I don’t care if it wins me votes or loses me vote,” said Durbin, who is not up for re-election in 2012. “I think we should be motivated by something other than political calculation when it comes to something of this gravity.”
