The 2010 election gave control of the U.S. House of Representatives to the Republican Party, lessening the chances of several Democratic proposals -- including the repeal of the Defense of Marriage Act.
During the campaign, President Barack Obama promised to support the repeal of the Defense of Marriage Act, called DOMA. The act, signed into law by President Bill Clinton in 1996, says that states do not have to recognize same-sex marriages performed in other states and that the federal government does not recognize same-sex marriage.
Obama has repeatedly called for repeal (see our previous updates below), and Rep. Jerrold Nadler, D-N.Y., introduced legislation in September 2009. It gained 120 co-sponsors, all Democrats, but never made it out of committee. Some Democrats felt their energy was better spent on gay rights legislation that had broader support, such as repealing the "Don't Ask, Don't Tell" policy that prevents gays and lesbians from serving in the military or protecting gays and lesbians from job discrimination.
There's little optimism among gay advocacy groups that such a bill will pass during during the next session of Congress, when Republicans will control the U.S. House of Representatives.
"The shift in the balance of power will be a very real challenge to advancement of lesbian, gay, bisexual and transgender (LGBT) rights legislation in Congress," said Inga Sarda-Sorensen, communications director with the National Gay and Lesbian Task Force. "Despite that, we will continue to identify and work with fair-minded members of Congress who are willing to support and defend equality for LGBT people."
Obama called for the repeal of the "Don't Ask, Don't Tell" to be addressed later this year, during a lame duck session of Congress when Democrats retain control of the House.
But repealing the Defense of Marriage Act has more opposition, particularly from Republicans. Back in 2006, several members of the House Republican leadership voted in favor of a resolution supporting an amendment to the the U.S. Constitution to declare that "Marriage in the United States shall consist only of the union of a man and a woman." Supporters included Rep. John Boehner, R-Ohio, who is expected to become Speaker of the House next year.
Gay rights advocates concede it's unlikely a repeal of the Defense of Marriage Act will make it through a Republican-controlled House of Representatives. So we rate this promise Stalled.
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← Back to Support repeal of the Defense of Marriage Act (DOMA)
Repeal of DOMA appears unlikely with Republican majority in the House
Our Sources
The Human Rights Campaign, 2010 Post Election Analysis
Thomas, To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage , accessed Nov. 4, 2010
E-mail interview with Michael Cole, spokesperson for the Human Rights Campaign
E-mail interview with Inga Sarda-Sorensen, communications director, National Gay and Lesbian Task Force