Federal Defense of Marriage Act (DoMA)
The Defense of Marriage Act, enacted in 1996 by President Bill Clinton, defines marriage in federal law as only between one man and one woman, and codifies that no state or political subdivision can be required to recognize same-sex marriages legally conducted in other states. Log Cabin Republicans oppose DoMA as an assault on federalism and the principle of equality under the law, and are committed to fighting to repeal this unfair law.

Former Congressman and Father of DOMA, Bob Barr, Speaks Out at 2011 Log Cabin Republicans National Convention

Republican Strategist Steve Schmidt Speaks to Log Cabin about the Freedom to Marry

State Marriage Equality Efforts
California: On May 15, 2008 the Supreme Court of California overturned Prop. 22, the state's voter-enacted marriage ban. Opponents then placed an initiative, Prop. 8, on the ballot hoping to overturn the Court’s decision. With the support of Republican Governor Arnold Schwarzenegger, the Log Cabin Republicans launched Republicans Against 8, a campaign focused on securing moderate and conservative opposition to this anti-family measure. Despite fierce opposition, Prop. 8 passed with barely 52 percent of the vote, prompting many organizations, including the Log Cabin Republicans, to challenge the new law’s violation of Californians' fundamental rights in state court. The Supreme Court of California rejected this appeal on May 26, 2009, upholding Prop. 8 as constitutional. Currently, the federal case of Perry v. Schwarzenegger, is moving through the courts, represented by renowned conservative attorney, Ted Olson.  More information here.

Connecticut: Civil unions were legalized in 2005 and subsequently declared unconstitutional in 2008 under Kerrigan v. Commissioner of Public Health. With the support of Republican Governor Jodi Rell, a bipartisan majority in the Connecticut state legislature enacted full legal benefits as of October 2008 for all married couples, regardless of sexual orientation. On October 1, 2010, all existing civil unions will be transformed into marriages.

Iowa: In April of 2009, the Iowa Supreme Court, in a decision led by Marsha K. Ternus, an appointee of Republican Governor Terry E. Branstad, unanimously ruled in favor of marriage equality in response to the case of Varnum v. Brien, and same-sex marriages have been performed in the state since late April.

Maine: On May 6, 2009, the Maine state legislature voted to enact marriage equality, which will go into effect in September 2009. However, the passage of Question 1 in November 2009 effectively vetoed that legislation.

Massachusetts: As of May 17, 2004, Massachusetts became the first state in the U.S. and the sixth jurisdiction in the world to legalize gay marriage, after a Supreme Court ruling in November 2003 on Goodridge v. Department of Public Health in favor of marriage equality.

New Hampshire: On March 26, 2009, with the widespread support of Republican members, the New Hampshire State Legislature passed a bill enacting marriage equality and recognizing out-of-state civil unions as marriages, effective January 1, 2010.

New York: On May 14, 2008, Governor David Paterson issued a directive recognizing same-sex marriages from other states, as well as from Canada. In 2009, the state Assembly, with an overwhelming  bipartisan majority passed a marriage equality law. Unfortunately, the state Senate then voted against marriage equality by a margin of 38-24, including 8 Democrats, several of whom had been expected to favor equality.

Vermont: On April 7, 2009, Republicans in the State House of Representatives, led by Leader Patti Komline, played a critical role in securing enough votes to override Governor Jim Douglas's veto, ensuring the first legislatively enacted marriage equality law in the United States, effective September 1, 2009.

Washington, D.C.: On April 7, 2009, the Council of the District of Columbia voted to recognize same-sex marriages performed in other jurisdictions.  On December 15, 2009, the Council voted 11-2 to permit same-sex marriages to be conducted in the District.  Mayor Fenty signed the bill into law three days later, effective March 4, 2010.  Opponents have made several attempts to put a repeal initiative on the ballot, but have been stymied by a D.C. Court of Appeals ruling that such an initiative would violate local human rights law.

Resources
View this interactive map for more informaton on the status of marriage equality in your state.

Visit our website, What Marriage Means, for more information about marriage equality.

Log Cabin Republicans

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info@logcabin.org

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