Short list of rights denied to same-sex married couples by Defense of Marriage Act (DOMA)

Research group the Williams Institute, together with the UCLA School of Law, submitted as part of their testimony to the recent "repeal DOMA" hearings research that demonstrates the very real impact DOMA has on married same-sex couples.

Listed below is just a short list of the many ways same-sex married couples are discriminated against by the so-called "Defense of Marriage Act." While not a complete list, but it illustrates how many important civil rights are denied by the law.

As you can see, none of the rights listed below have anything to do with religious or church-based issues. These are all civil benefits extended by our civil government to married couples. In a country that espouses "all created equal", clearly all married couples in this country are not enjoying the same rights and privileges.

Denied Equal Social Security Survivor or Spousal Benefits — Unlike opposite-sex couples, same-sex spouses cannot continue to claim their partner’s higher rate of benefits after their spouse has died. This can result in an average loss of $5,700 per year. This is just one way in which DOMA impacts social security and survival benefits.

Denied Equal Treatment for Bi-National Couples — There are nearly 26,000 same-sex couples in the United States who are bi-national and could be forced to separate because they cannot participate in green-card and accelerated citizenship mechanisms.
Denied Family Medical Leave Act (FMLA) Benefits — Estimates suggest that 43,000 employees would qualify for medical leave pay but are denied it because FMLA does not cover leave to care for a same-sex partner.

Denied Benefits for Spouses of Federal Employees — The Williams Institute estimates there are around 30,200 federal employees with a same-sex partner who, not being federal employees themselves, are denied spousal benefits because the federal government does not recognize same-sex marriages. This impacts health care coverage and work/injury compensation to name but a few.

Denied Veteran Partner Benefits — Around 68,000 veterans have same-sex partners that are barred from pension benefits, educational assistance and vocational training, as well as many other benefits.

Denied Equal Treatment in Taxation of Employee Health Benefits — If a company has implemented a health benefit scheme that covers same-sex partners, benefits that are taxed under federal law mean an unfair burden on both employees and employers. The Williams Institute suggests this disparity may run to over $1,000 a year.

Denied Equal Treatment in Inheritance Tax — Same-sex spouses are treated as legal strangers by the federal government and are therefore subject to different rules governing inheritance tax, so for couples that exceed the non-taxable transfer of assets there is an additional tax burden that the institute calculates could amount to, on average, as much as $4 million.

Read more at Care2.org

White House endorses ‘Respect for Marriage Act’ bill, which would repeal DOMA

From LGBTQnation.com: On the eve of the first ever congressional hearing on proposals to repeal the Defense of Marriage Act (DOMA), the White House on Tuesday announced President Barack Obama’s endorsement of the Respect For Marriage Act — the bill that would repeal DOMA.

White House spokesman Jay Carney told reporters at Tuesday’s briefing that the president “is proud” to support the Respect For Marriage Act, “which would take the Defense of Marriage Act off the books for once and for all.”

The Respect for Marriage Act, introduced by Sen. Dianne Feinstein (D-Calif.) would repeal DOMA and restore the rights of all lawfully married couples, including same-sex couples, to receive the benefits of marriage under federal law.

Advocates of the repeal hailed the White House announcement.

“It is rare that a White House endorses a bill that has yet to pass first in either the Senate or the House,” said Rick Jacobs, chairman of the gay rights advocacy group Courage Campaign, in a statement. “His support makes clear to all Americans that the Defense of Marriage Act has no place in our society.”

“By supporting this legislation, the President continues to demonstrate his commitment to ending federal discrimination against tens of thousands of lawfully married same-sex couples,” said HRC President Joe Solmonese, in a statement.

On Wednesday, the Senate Judiciary Committee is scheduled to hear testimony about the marriage legislation.

The hearing, entitled “S.598, The Respect for Marriage Act: Assessing the Impact of DOMA on American Families,” marks the first ever hearing on the issue of repealing DOMA since its enactment nearly 15 years ago.

DOMA, enacted in 1996, prevents any of the over 1,100 federal rights, benefits and responsibilities of marriage from being afforded to legally married same-sex couples.

Those benefits include Social Security survivor benefits, federal employee health benefits for spouses, protections against spouses losing their homes in cases of severe medical emergencies, the right to sponsor a foreign born partner for immigration, the guarantee of family and medical leave and the ability to file joint tax returns, among many others.

New Poll: Americans oppose Defense of Marriage Act

From The Human Rights Campaign: American voters oppose, by a large margin, the Defense of Marriage Act – the law that forbids the federal government from recognizing legally married same-sex couples – as well as efforts by the House Republican leadership to intervene in court cases defending the law, according to new polling released by the Human Rights Campaign in partnership with Greenberg Quinlan Rosner Research.

51 percent of voters oppose DOMA while 34 percent favor it. Independent voters, who were instrumental in the Republican House takeover, oppose the law by a 52 percent to 34 percent margin.

Additionally, when read statements for and against defending DOMA in court, 54 percent of voters oppose the House Republicans' intervention, while only 32 percent support it.

Given a list of issues important in determining their vote for President, voters ranked the economy and jobs (54 percent), Medicare and Social Security (23 percent) and education (19 percent) as most important with only 5 percent of respondents saying marriage was most important to them.

Finally, when presented with the actual benefits from which married same-sex couples are excluded, voters overwhelmingly support extending those benefits.

GOP House Leaders work on plan to defend DOMA

In response to President Obama and the Justice Department's decision to stop defending the unconstitutional Defense of Marriage Act in court, House Republicans are now saying they are looking to have a plan in place by late this week to defend the law themselves.

House Speaker John Boehner said in an interview Monday that the GOP led House may appoint a special counsel to defend the law in the Justice Department's absence.

House Majority Leader Eric Cantor said “Again I do believe that this is a case that is distinguishable on its merits and to have the administration take the position, the president take the position, that he’s not defending the law of the land, is something very troubling I think to most members of the House.”

In a case of irony and double-speak, Rep. Boehner's original response last week was to question the President for addressing the anti-gay law instead of focusing on job creation: "While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation."

Now however, Mr. Boehner and Mr. Cantor seem to have decided that they will put their focus on anti-gay policy instead of the ongoing economic issues facing the country.

During the last election, Republicans stated over and over again that job creation would be their driving focus and goal. However, since taking over the majority of the House, it seems the Republicans have done everything BUT focus on jobs. They have tried to repeal health care reform, change abortion laws and roll back regulations on the safety of food in the US - just about everything BUT job creation.

Mr. Boehner. Mr. Cantor - why are you addressing everything but job creation?

How some conservatives are twisting DOMA announcement

Pretty cut and dried, and simple.

The Obama administration clearly stated that DOMA will not be defended in appeals courts, but it will be enforced. It is still the law of the land.

For anyone confused by what you might hear elsewhere, here's a clear statement of what is and what isn't.

And regarding the marriage component, I guess Obama does have some catching up to do if he wants to speak to the issue of marriage in the way that serial adulterer Gingrich does. It's almost laughable that Gingrich speaks to Obama "swearing on a Bible" when Gingrich swore on a Bible himself a few times. In a church. To his former wives.