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Human Rights Campaign
Statement on the Obama
Administration's Defense
of the Defense of Marriage Act
"We call on the President to send legislation repealing DOMA to Congress," said HRC President Joe Solmonese
The Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, issued a statement today regarding the Obama Administration's decision to defend the discriminatory Defense of Marriage Act in a lawsuit filed on behalf of a gay couple who married in California. Arthur Smelt and Christopher Hammer, who were married in California on July 10, 2008, filed a suit in federal court in December challenging the constitutionality of Proposition 8 and the federal Defense of Marriage Act. The Administration responded yesterday.
"The Administration apparently determined that it had a duty to defend DOMA in the courts. The President has just as strong a duty to put his principles into action, and end discrimination against LGBT people and our families," said HRC President Joe Solmonese. "We call on the President to send legislation repealing DOMA to Congress," he added.
Since taking office in January, President Obama has taken bold steps to deliver on principles and promises he articulated during his campaign. In just his first six months in office, President Obama has signed the Lily Ledbetter Act into law, paved the way for life-saving stem cell research, eliminated barriers to women's health and reproductive care abroad, expanded insurance coverage for millions of children, ended the torture of detainees, and called for the notorious prison at Guantanamo Bay to be closed. However, this community is frustrated by the Administration's silence, until today, on a critical matter that the President voiced support for during his campaign -- repealing DOMA.
"President Obama must see that this extraordinary record of commitment to the public good at last be extended to end discrimination against LGBT people," said Solmonese. "Mr. President, you have called DOMA 'abhorrent' and pledged to be a fierce advocate for our community. As we approach the 40th anniversary of Stonewall, it is time for you to use your leadership to translate these principles into meaningful action."
HRC also has grave concerns about the arguments that the Administration put forth in this case, arguments that simply do not reflect the experiences that LGBT people face or the contributions that they make. The Administration's brief claims that DOMA is a valid exercise of Congress's power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental. The brief further claims that DOMA is a "neutral" federal position on same-sex marriages, and permits the states to determine on their own whether to recognize same-sex (continued on page 4)
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