Thankfully, gay rights advocates have had several major victories lately.
In December Congress passed a law that set the wheels in motion for the repeal of “Don’t Ask, Don’t Tell.” And on Wednesday, the Justice Department decided not to defend the Defense of Marriage Act (DOMA) in court.
The law, passed in 1996 under former President Bill Clinton, denies recognition of same sex marriages under federal law, even if they are performed in a state that recognizes gay marriage.
Such a policy reversal is a turning point in the fight for gay marriage. Though this is far from an endorsement on gay marriage, it signals that the federal government is no longer willing to defend just the strictly traditional version of marriage.
Attorney General Eric Holder and President Barack Obama came to the decision on the basis that classifications based on sexual orientation is discrimination and, as a result, unconstitutional.
Obama has long condemned this law, but for the first two years of his presidency had the awkward task of explaining why he was defending it in court. With this decision though, he can finally walk the walk.
Though the administration will not defend the law, it will still be enforced. As much as we’d like for this law to become history, the government doesn’t get to choose which laws it enforces.
While it may be a baby step in terms of policy, symbolically it is a large shift. And the symbolism is what we should latch onto in hopes that it becomes more tangible. With a House of Representatives that scoffs at the idea of gay rights, repealing DOMA is not an option.
But with no government officials defending the law in court, the idea of same-sex marriage becoming law is much closer — and it’s about time.
Aside from the fact that DOMA does constitute discrimination, the notion of defending the institution of marriage is quite possibly laughable. According to divorcerate.org, one in two marriages ends in divorce. Aren’t those couples that divorce the same couples that promised, “‘til death do us part?”
The notion of marriage is sometimes seen as a goal in life, part of the American dream. We attain an education, get a job and find a spouse — except gays and lesbians.
Today’s older gay and lesbian couples grew up with that idea of marriage as the ultimate commitment, something that is unlike anything else.
The administration’s step Wednesday is an important first step in the fight to make same-sex marriages legal. This signals a paradigm shift that is crucial to making marriage an opportunity for all.
