Most Americans can claim Social Security survivor benefits when their spouse dies. It’s a common way for people on fixed incomes to get by without the money from a spouse’s wages or Social Security income.
There’s an exception, though.
If you are the same gender as your spouse, you can’t claim survivor benefits, even if your marriage is legal. Gay spouses also can’t file joint taxes or receive insurance or pension benefits. If their spouse gets sick, gay Americans aren’t guaranteed time off work to take care of them.
Several states now recognize gay marriage, and many more will soon join them. Progress is being made in many states toward ending discrimination against committed gay relationships. Unfortunately, the federal government is still a few years behind.
The problem is the Defense of Marriage Act or DOMA. DOMA passed in 1996 under a Republican Congress and a Democratic president. It says the federal government only recognizes marriage between a man and a woman, “defending marriage” being a common euphemism for homophobia and hate. This means that even if states recognize gay marriage, the federal government won’t.
In essence, DOMA creates two kinds of legal marriages in the United States: Heterosexual marriages, which receive the full federal benefits of marriage, and homosexual marriages, which don’t.
The First Circuit Court of Appeals will hear arguments about the point in a lawsuit that questions the constitutionality of DOMA. Even as states, which have traditionally defined marriage in America, begin to legalize gay marriage, the federal government lags behind.
This is just another example of conservative hypocrisy when it comes to the size of government. American conservatives claim they want to see the federal government shrink, protect states’ rights and keep the government from interfering in the rights of individuals. Yet they want the government to define marriage, despite states’ traditional control about the issue.
When it comes to helping poor and working-class Americans, government can’t be too small. But conservatives would like to see the federal government step in to take away the rights of gay Americans to marry and be
protected from discrimination or the rights of women to make decisions about their own bodies.
Every American should oppose DOMA and work for its repeal. Those on the left who support gay marriage should oppose it because it is unconstitutional, hateful and creates a set of second-class citizens who are not afforded the equal rights. Those on the right should oppose DOMA because it is unconstitutional, hateful and violates the “states’ rights” that are supposedly such a central point of conservative ideology.
Max Bartlett can be reached at [email protected]