Subscribe to Breaking NewsRuby-Sachs: Proposed DOMA Repeal is an Opportunity
UNITED STATES - MARCH 30: DEFENSE OF MARRIAGE ACT; GAY MARRIAGE AMENDMENT--Chairman Steve Chabot, R-Ohio, and ranking Democrat Jerrold Nadler, D-N.Y., during the House Judiciary Constitution Subcommittee hearing on the Defense of Marriage Act and the proposed amendment to the Constitution that would ban same-sex marriages. (Photo by Scott J. Ferrell/Congressional Quarterly/Getty Images)
The new DOMA repeal has been causing waves: those with civil unions or domestic partnerships won’t gain recognition nationally once DOMA is gone.
Some are up in arms about that. For many people who can’t achieve full marriage in their home states, this distinction is significant. For those in California who live side-by-side with couples with valid marriages, but no hope for their own relationships – at least not soon – it might be even harder.
But I think we can look at this new repeal as an opportunity.
When the California Supreme Court refused to find Proposition 8 to be a revision, rather than an amendment, they found that marriage really isn’t that different from the rights already granted to same-sex couples in California.
Well, not anymore.
If the DOMA repeal means that only 18,000 married couples in California can travel to other states and have their marriage recognized, there is suddenly a legal distinction between the pre-Prop 8 and post-Prop 8 same-sex relationship rules.
This makes it clear that legal nomenclature distinctions lead to inequalities, even if those inequalities are not clear at the precise moment the court makes its decision.
This proposed DOMA repeal is an opportunity for a legal challenge, yes, but also for a chance to learn a lesson about the effect of legal nomenclature.
We need equality on paper. The DOMA repeal shows us why.
Marriage is what is needed! Not civil unions, not domestic partnerships, not civil partnerships or any other name that they may decide to invent to further alienate Gay men and women from the equality they so deserve. Until marriage itself is achieved either by the repeal of DOMA or any other legal means, then Gay people will not have gained equality.
This article caught me by surprise, because I had assumed repealing DOMA would be a totally positive thing for our community, but apparently it isn’t so clear cut. What I’m unsure about is whether states’ domestic partnerships were ever recognized nationally? I thought this was only at the state level and up to other states whether or not to recognize domestic partnerships. Who knows until the lawyers are finished.
I suppose these partnerships may eventually dissolve with their members either opting for marriage, or opting out altogether. Additional expense for the couples, but perhaps in balance it will work out.
I agree with Ginelle that marriage is going to be the standard, but I feel sorry for those who preferred the alternative to “until death do we part.” Marriage is mired in the rubbish of Dead Sea Religion but apparently this is very exciting to many in our community, and I support their right to be miserable.
” those with civil unions or domestic partnerships won’t gain recognition nationally once DOMA is gone.”
This is supposed to be an argument against repealing DOMA? It’s a red herring. They don’t have the national recognition mentioned NOW!
We won’t lose or gain a thing except having one less legal hurdle in the way of equality for gay American families.
Time to ante up America “liberty and justice for all” means gay Americans too!