U.S. DOMA Repeal Would Include Recognizing Out-of-State Gay Marriages
Tuesday, July 28th, 2009
U.S. Rep. Jerry Nadler
The effort to repeal the federal ban against same-sex marriages will not include extending rights to LGBT couples in domestic partnerships or civil unions, the Bay Area Reporter has learned. But it will include a “certainty provision” requiring states to recognize same-sex marriages performed in other states.
Congressman Jerry Nadler (D-New York), in an exclusive interview with the B.A.R. while attending the annual Human Rights Campaign gala in San Francisco Saturday, July 25, ruled out including anything other than legally recognized marriages in the legislation he plans to introduce either this week or once Congress returns from its August recess.
“No, it will not include domestic partnerships or civil unions. It is going to be just marriage,” said Nadler, who chairs the House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Civil Liberties, and therefore, will be the lead sponsor of legislation aimed at repealing the federal Defense of Marriage Act.
Under DOMA’s Section 3 the federal government is forbidden from recognizing LGBT couples married in the six states where same-sex marriage is legal. Section 2 of the law says those states that outlaw same-sex marriages do not have to recognize legal same-sex marriages from other states. Nadler said his bill would repeal both sections of DOMA.
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