Same-sex marriage constitutionality debated

Ashley Smith

The Signal

The House of Representatives, led by Republican House Leader John Boehner, said recently that it will defend the Defense of Marriage Act that President Barack Obama deemed unconstitutional earlier this year.

Boehner leads a five-member bipartisan legal advisory group that voted to instruct in-house lawyers to take legal action to defend the law on behalf of the House.

DOMA, signed into law in 1996 under President Bill Clinton, amended the U.S. code, Title 1 Section 1, defining marriage relating to acts of congress as between one man and one woman. A spouse is defined as person of the opposite sex who is a husband or a wife. This act restricts same-sex couples from receiving the same federal benefits as heterosexual couples, like health benefits and Social Security benefits.

President Obama has encouraged Attorney General Eric Holder to not uphold the law. Those against the president’s decision feel he is not upholding his oath.

“President Obama’s refusal to defend DOMA not only departs from these legal precedents, it also departs from the Department of Justice’s longstanding practice of defending all federal statutes in court, regardless of the President’s personal beliefs about the meaning of the constitution,” said Texas Attorney General Greg Abbott.

However, those who support President Obama’s decision feel this is finally a step in the right direction.

“The Administration has acknowledged that there is no legitimate reason for this discrimination and, therefore, it cannot be defended under the Constitution,” said Jackie Yodashkin, communications manager of Freedom to Marry. “This is a momentous step forward toward Freedom to Marry’s goal of ending federal marriage discrimination and fully protecting all loving and committed couples.”

Currently there are five states that issue marriage licenses to same-sex couples: Massachusetts, Connecticut, Iowa, Vermont and New Hampshire. The District of Columbia also recognizes same-sex marriages. These states have defined marriage as between two consenting adults. This includes heterosexual as well as homosexual marriages.

States that do not allow or recognize same-sex marriage, like Texas, define marriage as a union existing solely between a man and a woman. Organizations known as pro-family groups support this definition and DOMA. Bryan Fischer, director of issue analysis for American Family Association, said that the optimal environment for children to thrive is in a home with both biological parents.

“The ultimate purpose of marriage is children,” Fischer said. “We can’t divorce procreation from marriage and no children can ever come from a couple of the same sex.”

The Attorney General has stated that even though he, along with President Obama, feel DOMA is unconstitutional, the government would still enforce the law until either the courts settle it or Congress changes the law.

Those who support equal rights for same-sex marriages believe that everyone should have the opportunity to validate their relationship in the eyes of those around them and to themselves.

“We all grow up with the dream to be married and share our lives with the person we love,” said Barry Ouellette, president of Foundation for Family and Marriage Equality. “We shouldn’t have to explain that no, we aren’t married, we are partners in a civil union but that means the same thing. We just want to be seen and treated the same as all Americans with the same freedoms, rights and privileges, no more and no less.”