FEINSTEIN AND DAVIS MOVE TO EXTEND MARRIAGE EQUALITY RIGHTS

January 10, 2015 (San Diego)--U.S. Rep. Susan Davis (D-San Diego) became an original cosponsor of legislation that would end the Defense of Marriage Act (DOMA) in its entirety and ensure marriage equality for all. A companion bill in the Senate has been introduced by Senator Dianne Feinstein (D-California).

In 2013, the Supreme Court ruled that all marriages must be treated equally under federal law. However, there are some circumstances, such as with Social Security and veterans’ benefits, where full recognition of same-sex marriage rights are prevented because provisions of DOMA still exist. The bipartisan Respect for Marriage Act (H.R. 197) would solve this conflict with a complete repeal of DOMA, Davis said.

“A role of the federal government is to protect the rights of the people, not restrict them,” said Davis, whose district includes portions of San Diego and East County. “As long as the Defense of Marriage Act is still on the books, many Americans will be denied federal recognition of their marriages.”

The bill is apt to face a tough battle in the Republican-controlled House, however, where many members supported DOMA and have opposed same-sex marriage. The measure was introduced by Rep. Jerry Nadler (D-New York) and currently has 112 cosponsors, of whom 2 are Republicans and 110 are Democrats.

A press release on Nadler’s website cites an example of how the measure could impact people who are married in states such as California, one of many states where same-sex marriages are legal. A same-sex couple married legally in Massachusetts later moved to Texas, which refused to recognize the marriage, so when cancer claimed the life of one partner the surviving spouse was denied spousal survival benefits and a lump sum death benefit payment from Social Security. The case is currently pending in federal court.