Mediate Michigan

Many New Yorkers—and people all around the world—celebrated our generation’s civil rights breakthrough victory, the Marriage Equality Act, passed June 24, 2011. Still others have noted—correctly—that while this is a meaningful step toward the ultimate goal of genuine marriage equality, that goal is still elusive and will only be achieved with the repeal of the Defense of Marriage Act (DOMA). Larry Kramer, playwright and gay rights advocate, planted himself squarely in the latter camp, declaring in The New York Times on July 24, 2011, “These marriages, in whichever state, are what I call feel-good marriages. Compared to the benefits heterosexual marriages convey, gay marriages are an embarrassment.” Days later, on July 27, 2011, he clarified in the Advocate.com, saying that he would happily marry his partner, “but only when that marriage is equal to what heterosexual marriages convey by law, the law of the United States, and not just New York State.”

Mr. Kramer is accurately reflecting the fact that true marriage equality is not the law of the land as long as DOMA1 remains in effect. Nonetheless, it is important to note the path that led to this victory—including Governor Andrew Cuomo’s determination, the courage of state legislators crossing party lines, Tom Duane’s unrelenting initiative, the repeal of Don’t Ask Don’t Tell—all a mere seven years since President Bush stirred a national debate when calling for a constitutional amendment banning gay marriage, during his re-election bid in 2004.

DOMA and State Laws

Put broadly, DOMA provides that states do not have an obligation to recognize a valid gay marriage nor the rights or claims from such marriage. Marriage is strictly defined as a legal union between one man and one woman. As Tobias Barrington Wolff, professor of law at the University of Pennsylvania, explains in “DOMA Repeal and the Truth About Full Faith and Credit,”2 a key issue to analyze when states pass their own marriage equality statute is how such marriages will be regarded by other jurisdictions.

via Creative Parenting Agreements Still Needed With Same-Sex Marriage.