The effort to overturn the federal ban on same-sex marriage saw a significant victory last week, although most pundits are not optimistic full repeal of the law will be achieved this session.
In a 10-8 vote last Thursday, the Senate Judiciary Committee approved the Respect for Marriage Act, which would lift the Defense of Marriage Act that defines marriage as being between one man and one woman.
A full Senate vote has not been scheduled.
The bill was first introduced solely in the House last session, and the current House version remains in the Judiciary Committee.
Last week’s vote, which split along party lines, marked the first vote the bill saw in either chamber of Congress.
Prime sponsor Sen. Dianne Feinstein (D-Calif.), who sits on the committee, said DOMA was “wrong” when it passed in 1996, and time has not changed that.
“There are 131,000 legally married, same-sex couples in this country who are denied more than 1,100 federal rights and protections because of this discriminatory law,” Feinstein said, acknowledging that her measure could face an uphill battle. “I don’t know how long the battle for full equality will take, but we are on the cusp of change.”
The day prior to the vote, Human Rights Campaign submitted a letter to committee members signed by governors and mayors from the jurisdictions that have sanctioned marriage equality in which the elected officials urged the passage of Respect for Marriage Act.
“With marriage equality a reality in six states and the District of Columbia, state leaders in both parties are finding it strengthens families,” said HRC president Joe Solmonese. “DOMA is government-sanctioned discrimination, which causes real harm.”
Ian Thompson, legislative representative at the American Civil Liberties Union, said the committee vote is an “important step forward” toward protecting the nation’s same-sex couples.
“These couples have made the commitment at the heart of marriage and exchanged vows under state law,” Thompson said. “For the federal government to exclude them from all federal protections for their marriage is unjust, unnecessary and unconstitutional. It’s time for Congress to join the president and the Department of Justice in rejecting this discriminatory law.”
Earlier this year, DOJ announced it would no longer defend DOMA in court, withdrawing from several federal challenges of the law. The House Bi-Partisan Legal Advisory Group has stepped in to back DOMA and has capped associated legal fees at $1.5 million.
Jen Colletta can be reached at [email protected].