Today, Congressman Jerrold Nadler (NY-10), author of the “Respect for Marriage Act,” welcomed the report by the Department of Justice (DOJ) on implementation of the Supreme Court’s decision in United States v. Windsor.  In that case, the Court ruled that Section 3 of DOMA, which defined marriage as “only a legal union between one man and one woman,” violated the Constitution’s equal protection guarantee.    

Immediately following that ruling, Representative Nadler and several colleagues wrote President Obama, urging his Administration to implement the Windsor decision fully and quickly by reviewing the relevant laws and recognizing married same-sex couples wherever possible. 

“The Supreme Court’s Windsor decision confirmed that our constitutional promise of equality for all cannot be denied to gay men and lesbians.  But it was then up to the Administration to help make this promise a reality for the thousands of married same-sex couples around the country who have been excluded under DOMA from federal programs that provide much-needed security for American families.  Over the past year, the Administration has painstakingly reviewed the thousands of laws impacted by DOMA, issuing guidelines for recognizing couples whenever possible, and – as today’s report confirms – unfortunately concluding that there are certain circumstances where the law still prevents full and equal recognition.”

“It is particularly tragic that the areas where injustice remains – the Veterans Code and Social Security – harm our most courageous and vulnerable Americans.  It is shameful that gay and lesbian service members, some of whom die defending the freedoms that we enjoy, still are not treated equally.  And the continued exclusion of married same-sex couples from Social Security – a program designed to help ensure the security and wellbeing of American families -- defies logic and must be fixed immediately.” 

“That is why Congress must act quickly and pass the Respect for Marriage Act.  The bill would repeal DOMA in its entirety and ensure that couples that have entered into the lifelong commitment of lawful marriage are treated equally under Federal law regardless of where they live.  No couple should have to worry that federal recognition will change when they cross a state line or an Administration changes hands.”

For nearly four decades, Congressman Nadler has been a leader in the fight for LGBT rights. Congressman Nadler is the author of the “Respect for Marriage Act,” legislation that would fully repeal the so-called “Defense of Marriage Act.” The Congressman helped spearhead the amicus brief submitted by 212 members of Congress in United States v. Windsor, the case that successfully challenged DOMA’s federal definition of marriage as excluding married same-sex couples.

“Congress must pass the Respect for Marriage Act, which repeals DOMA in its entirety and sends DOMA into the history books where it belongs. This bill ensures repeal of section 2 of DOMA, which was not at issue in the Windsor case and purports to excuse the states from even considering whether to honor the marriage of a gay and lesbian couple performed by a sister state. The bill also provides a uniform rule for recognizing couples under federal law, ensuring that all lawfully married couples will be recognized under federal law, no matter where they live,” said Congressman Nadler. “I applaud President Obama in working to create a more equal nation and stand with him in his call to pass the Respect for Marriage Act. We still have much more to do in the fight for LGBT equality.”

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