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| Defense of Marriage Act (DOMA)
Hence, the Protect All NC Families organization, which managed the campaign against Amendment One made the strategic decision to emphasize the collateral damage and relegate the question of same-sex marriage (and gay and lesbian people) to the sidelines. The campaign issued a number of well-made videos that emphasized the generalized harm that Amendment One would cause. Most of these videos barely mentioned gay and lesbian people. Others in effect endorsed a ban on same-sex marriage but said Amendment One "goes too far." The strategy was fatally flawed. It conceded too much and it gave the impression that our own campaign was ashamed of gay and lesbian people. It suggested that the collateral damage done to unmarried heterosexual couples was a greater affront than the ban on same-sex marriage itself. The message was inauthentic from the beginning. Our mobilizing against Amendment One in reality had little or nothing to do with the collateral damage and everything to do with the ban on same-sex marriage.
In contrast to our obfuscation, our opposition defined the question clearly: for them Amendment One was about homosexuality and it was intended to punish gay men and lesbians and to devalue their relationships. Indeed, for our opponents, the entire campaign was about sin. They unleashed a campaign that can be described only as disgusting. It was utterly unrestrained by any sense of decency. They made no pretense of conducting a civil campaign about policy issues. For them, it was an expression of religious belief. A vote for Amendment One was a vote for Jesus. Unfortunately, our official campaign was too timid to respond vigorously to the opposition's frank bigotry. Besides, to do so would be "off message," since our side continued the pretense that the campaign was not about homosexuality. We should have forthrightly defended same-sex marriage. We should have said that same-sex marriage was itself good, good both for same-sex couples and good for the institution of marriage. We should have insisted that it was unfair and unAmerican to deny citizens equal rights. Marriage equality advocates have had scant success in challenging state DOMAs in state courts. However, the blatant animus and the clear religious tenor of the campaign for Amendment One in North Carolina may offer an opportunity to challenge its constitutionality. Moreover, declarations of the federal DOMA as unconstitutional and the success of the federal challenge to California's Proposition 8 could conceivably also affect the constitutionality of state DOMAs, depending on the scope and grounds of rulings in federal courts, especially the Supreme Court of the United States.
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social sciences >> Overview: Civil Union social sciences >> Overview: Domestic Partnerships social sciences >> Overview: Immigration Law social sciences >> Overview: Same-Sex Marriage social sciences >> ACLU LGBT & AIDS Project social sciences >> Baldwin, Tammy social sciences >> Bonauto, Mary social sciences >> Bowers v. Hardwick / Lawrence v. Texas social sciences >> Frank, Barney social sciences >> Gay & Lesbian Advocates & Defenders (GLAD) social sciences >> GetEqual social sciences >> Hughes, Chris (b. 1983), and Sean Eldridge (b. 1986) social sciences >> Lambda Legal Defense and Education Fund social sciences >> Pocan, Mark social sciences >> Polis, Jared social sciences >> Proposition 8 (California) social sciences >> Ride, Sally social sciences >> Romer v. Evans social sciences >> Studds, Gerry social sciences >> Wolfson, Evan
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| Bibliography | ||
Barr, Bob. "No Defending the Defense of Marriage Act." Los Angeles Times (January 5, 2009): http://articles.latimes.com/2009/jan/05/opinion/oe-barr5 "Bereaved Spouse Challenges Defense of Marriage Act as Unconstitutional." www.aclu.org (November 8, 2010): http://www.aclu.org/lgbt-rights/bereaved-spouse-challenges-defense-marriage-act-unconstitutional B[onin], Adam. "Federal Court Holds DOMA Unconstitutional." Daily Kos (July 8, 2010): http://www.dailykos.com/storyonly/2010/7/8/882745/-Federal-Court-Holds-DOMA-Unconstitutional Egelko, Bob. "Court Win for Same-Sex Couples Seeking Benefits." SFGate (January 20, 2011): http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/01/19/BACC1HBOSN.DTL&tsp=1 Gay & Lesbian Advocates & Defenders. "Frequently Asked Questions Regarding the Decisions in Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health and Human Services." www.glad.org (November 12, 2010): http://www.glad.org/uploads/docs/publications/gill-decision-faq.pdf _____. "Pederson et al. v. Office of Personnel Management et. al.: Frequently Asked Questions." www.glad.org (November 9, 2010): http://www.glad.org/uploads/docs/publications/pedersen-v-opm-faq.pdf Galloway, Jim. "Bill Clinton Drops Opposition to Same-Sex Marriage." Political Insider. Atlanta Journal Constitution (July 14, 2009): http://blogs.ajc.com/political-insider-jim-galloway/2009/07/14/bill-clinton-drops-opposition-to-same-sex-marriage/?cxntfid=blogs_political_insider_jim_galloway Keen, Lisa. "DOMA Decisions Released: Two Huge Victories for Marriage Equality." Bay Windows (July 8, 2010): http://www.baywindows.com/index.php?ch=news&sc=glbt&sc2=news&sc3=&id=107807 Leonard, Arthur S. "California DOMA Challenge Advances." Gay City News (January 23, 2011): http://www.gaycitynews.com/articles/2011/01/23/gay_city_news/news/doc4d3c863a1db2f979394076.txt _____. "DOMA Section 3 Held Unconstitutional by Federal Judge in Massachusetts." Leonard Link (July 8, 2010): http://newyorklawschool.typepad.com/leonardlink/2010/07/page/3/ Savage, Charlie. "Suits on Same-Sex Marriage May Force Administration to Take a Stand." New York Times (January 28, 2011): http://www.nytimes.com/2011/01/29/us/politics/29marriage.html?pagewanted=1&_r=1&ref=samesexmarriage Schwarz, John. "Gay Couples to Sue Over Defense of Marriage Act." New York Times (November 8, 2010): http://www.nytimes.com/2010/11/09/us/09marriage.html
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| Citation Information | ||||
| Author: | Summers, Claude J. | |||
| Entry Title: | Defense of Marriage Act (DOMA) | |||
| General Editor: | Claude J. Summers | |||
| Publication Name: | glbtq: An Encyclopedia of Gay, Lesbian,
Bisexual, Transgender, and Queer Culture |
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| Publication Date: | 2011 | |||
| Date Last Updated | May 31, 2012 | |||
| Web Address | www.glbtq.com/social-sciences/defense_of_marriage_act.html | |||
| Publisher | glbtq, Inc. 1130 West Adams Chicago, IL 60607 |
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| Encyclopedia Copyright: | © 2002-2006, glbtq, Inc. | |||
| Entry Copyright | © 2011 glbtq, Inc. | |||
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