Attorney General Eric Holder announced in a press release on Feb. 23 that President Barack Obama had reached a conclusion stating that the federal Defense of Marriage Act Section 3 was unconstitutional. Released by the Department of Justice, this announcement specifically pertained to two cases: Windsor v the United States and Pedersen v Office of Personal Management (OPM). It concluded that the Justice Department would cease legal defense of the Act until the courts reach a definitive verdict on whether it is constitutional or not.
Former President Bill Clinton signed the Defense of Marriage Act in to law on the Sept. 21, 1996. This act, also known as DOMA, says in section 2 that a state does not need to recognize same sex marriages performed in other states. Section 3 of DOMA defines marriage only as the union between a man and a woman for federal purposes.
The case of Windsor v the United States played a major role of influencing the president’s decision. Edith Windsor, an 83-year-old widow, was forced to pay $360,000 in estate taxes since the state did not recognize her two-year marriage to her partner, Thea. The couple had been in a relationship since the 1960s and were married in Canada.
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In California, the president’s decision on DOMA may assist in changing California state law. After our recent battle with Proposition 8, the LGBTQ community may now have a reason to hope.
As students, we are open slates to take in new information, process it and sometimes evolve with what we learn. This impartiality allows us to use our minds to be a changing part in the movement for same sex marriages. The future depends on us for the Unites States to honestly be a country with equal rights for all people, not just a specific group. We the People, afterall.
