On This Day: Defense of Marriage Act signed into law, later Biden signs its repeal - Sep. 21, 1996
(edited from Wikipedia)
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The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. It banned federal recognition of same-sex marriage by limiting the definition of marriage to the union of one man and one woman, and it further allowed states to refuse to recognize same-sex marriages granted under the laws of other states.
In the 1980s, same-sex marriage had opposition especially from socially conservative groups. Congressman Bob Barr and Senator Don Nickles, both members of the Republican Party, introduced the bill that became DOMA in May 1996. It passed both houses of Congress by large, veto-proof majorities, with opposition coming from approximately one-third of the Democratic caucus in both the House of Representatives and the Senate. Clinton criticized DOMA as "divisive and unnecessary". He nonetheless signed it into law in September 1996.
Section 2 of the act allowed states to deny recognition of same-sex marriages conducted by other states. Section 3 codified non-recognition of same-sex marriages for all federal purposes, including insurance benefits for government employees, social security survivors' benefits, immigration, bankruptcy, and the filing of joint tax returns. It also excluded same-sex spouses from the scope of laws protecting families of federal officers, laws evaluating financial aid eligibility, and federal ethics laws applicable to opposite-sex spouses.
After its passage, DOMA was subject to numerous lawsuits and repeal efforts. In United States v. Windsor (2013), the U.S. Supreme Court declared Section 3 of DOMA unconstitutional under the Due Process Clause, thereby requiring the federal government to recognize same-sex marriages conducted by the states.
In Obergefell v. Hodges (2015), the Court held that same-sex marriage was a fundamental right protected by both the Due Process Clause and the Equal Protection Clause. The ruling required all states to perform and recognize the marriages of same-sex couples, leaving Section 2 of DOMA as superseded and unenforceable.
On December 13, 2022, DOMA was repealed by the passage of the Respect for Marriage Act which was signed into law by President Joe Biden, who previously voted in favor of DOMA as a Senator of Delaware.
Respect for Marriage Act
The Respect for Marriage Act (RFMA; H.R. 8404) is a landmark United States federal law passed by the 117th United States Congress and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal government and all U.S. states and territories to recognize the validity of same-sex and interracial civil marriages in the United States, and protects religious liberty. Its first version in 2009 was supported by former Republican U.S. Representative Bob Barr, the original sponsor of DOMA, and former President Bill Clinton, who signed DOMA in 1996. Iterations of the proposal were put forth in the 111th, 112th, 113th, 114th, and 117th Congresses.
The final version of the bill divided American religious groups morally opposed to same-sex marriage; it was supported by some as a suitable compromise between the rights of LGBT couples and religious liberty, a position that was taken by the Church of Jesus Christ of Latter-day Saints, but was prominently opposed by the U.S. Conference of Catholic Bishops and the Southern Baptist Convention due to their views on sexual ethics. Religious groups that supported the bill in support of their LGBT parishioners include the Episcopal Church, the Evangelical Lutheran Church in America, the Union for Reform Judaism, the Reformed Church in America, the United Church of Christ, and the Presbyterian Church (USA).
117th Congress (2021–2023)
The Supreme Court ruling in Dobbs v. Jackson Women's Health Organization in June 2022 overturned Roe v. Wade and Planned Parenthood v. Casey. In his concurrence, Justice Clarence Thomas postulated that the court should revisit other past cases which granted rights based on substantive due process, including the right of same-sex marriages from Obergefell, leading to concerns from lawmakers.
First House vote
In July 2022, the House Judiciary Committee Chairman Jerrold Nadler (D-NY), Senator Dianne Feinstein (D-CA), Congressional LGBTQ+ Equality Caucus Chairman David Cicilline (D-RI), Senator Tammy Baldwin (D-WI) and Senator Susan Collins (R-ME) announced the re-introduction of the Respect for Marriage Act, which was revised to include protections for interracial marriages to codify Loving v. Virginia. The Act passed the House (267–157) on July 19, 2022, with 47 Republicans joining all Democrats in voting in the affirmative.
Senate passage
The Senate initially planned to vote on the bill before the 2022 midterm elections. However, because it was unclear whether it would receive enough votes to end debate, the consideration of the bill was delayed by Majority Leader Chuck Schumer. On November 14, 2022, a group of bipartisan senators, including Rob Portman (R-OH), Kyrsten Sinema (D-AZ), Thom Tillis (R-NC), Tammy Baldwin (D-WI), and Susan Collins (R-ME) announced they had reached an amendment compromise to include language for religious protections and clarify that the bill did not legalize polygamous marriage. The amendment specifies that nonprofit religious organizations will not be required to provide services for the solemnization or celebration of a marriage. Shortly after, Senate Majority Leader Chuck Schumer announced that he would bring the modified bill to the Senate floor.
On November 16, 2022, the Senate invoked cloture on the motion to proceed (62–37) to the amended bill. All 50 Democratic senators and 12 Republicans (Roy Blunt, Richard Burr, Shelley Moore Capito, Susan Collins, Joni Ernst, Cynthia Lummis, Lisa Murkowski, Rob Portman, Mitt Romney, Dan Sullivan, Thom Tillis, and Todd Young) voted in favor of advancing the bill.
On November 29, 2022, the Senate voted 61–36 to pass the bill. Voting in favor of the bill were 49 Democrats and the same 12 Republicans who had voted to advance it. Two Republicans (Ben Sasse and Patrick Toomey) and one Democrat (Raphael Warnock, who co-sponsored the bill) did not vote.
Second House vote
On December 8, 2022, the House passed (258–169–1) the Senate's version of the Act, with 39 Republicans joining all Democrats in voting in the affirmative.
Signing into law
On December 13, 2022, President Biden signed the Respect for Marriage Act into law in a ceremony that was held on the White House lawn. Pelosi, Schumer, Harris, and Biden all spoke at the event, which also featured performances by the Gay Men's Chorus of Washington, D.C, as well as musicians Sam Smith and Cyndi Lauper. Gina Nortonsmith and Heidi Nortonsmith, the lesbian couple who was one of seven same-sex couples who sued the state of Massachusetts for same-sex marriage rights in the 2003 Goodridge v. Department of Public Health case, were among those who spoke at the event as well.
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https://en.wikipedia.org/wiki/Defense_of_Marriage_Act
https://en.wikipedia.org/wiki/Respect_for_Marriage_Act
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