A group of Democrats in Congress are now trying to repeal the entire Defense of Marriage Act.
U.S. Sen. Dianne Feinstein (D-Calif.) and Rep. Jerrold Nadler (D-N.Y.) have reintroduced a bill that would repeal the rest of DOMA; the Supreme Court only struck down section 3 of the law, which prevented over a thousand federal benefits going to married gay couples.
Feinstein and Nadler are specifically trying to repeal section 2 of DOMA, which would allow the government to recognize a legal gay marriage even in a state where gay marriage is not allowed.
“This bill ensures repeal of section 2 of DOMA, which was not at issue in the Windsor case and purports to excuse the states from even considering whether to honor the marriage of a gay and lesbian couple performed by a sister state,” Nadler said in a statement on June 26.
Feinstein said that even after the Windsor case, there still remain inconsistencies with the law.
“Veterans benefits are based on the law of the state where the parties resided at the time of the marriage, or when the right to benefits accrued. So, different veterans benefits might be granted or denied, depending on where a couple lived at different times, without any rhyme or reason,” she said in a statement.
“That’s not fair to former service members who may have moved around as part of their military service.”
The “Respect for Marriage” bill already has 161 co-sponsors in the House of Representatives and 41 co-sponsors in the Senate. Sergio N. Candido