Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Mrs. FEINSTEIN. Mr. President, I am very pleased to introduce today a bill to strike the law commonly known as DOMA, the Defense of Marriage Act.

I want to thank my cosponsors--Senators LEAHY, GILLIBRAND, KERRY, BOXER, COONS, WYDEN, LAUTENBERG, BLUMENTHAL, MERKLEY, DURBIN, FRANKEN, SCHUMER, MURRAY, WHITEHOUSE, SHAHEEN, UDALL of Colorado, INOUYE, and AKAKA for working with me on this important bill.

Today, there are between tens of thousands of legally married same-sex couples in the United States, and more than 18,000 in my State of California alone.

These couples live their lives like all married people. They share financial expenses, they raise children together, and they care for each other in good times and bad, in sickness and in health, until death do they part.

But here is the rub. Right now, because of DOMA, these couples cannot take advantage of federal protections available to every other married couple in this country.

For example, because of DOMA, these couples cannot file joint Federal income taxes and claim certain deductions; receive spousal benefits under Social Security; take unpaid leave under the Family and Medical Leave Act when a loved one falls seriously ill;

obtain the protections of the estate tax when one spouse passes and wants to leave his or her possessions to another.

This has a very real impact. Let me tell you, for example, the stories of a married couple in California.

Jeanne Rizzo and Pali Cooper of Tiburon, CA, have been in a committed relationship for more than two decades. In 2008, they were married in California before their family and friends.

They have lived in the same house, shared expenses, and raised their son, Christopher, together. The Defense of Marriage Act, however, means that they cannot enjoy the simple conveniences of filing joint tax returns as a married couple or obtaining continuing health coverage under COBRA.

They have also told me the story of re-entering the United States at the end of their honeymoon in 2008. They approached a customs agent together but were told that they could not go through the line as a family. When they said that they were legally married, a customs agent reportedly responded with a curt phrase to the effect of: ``Not to the United States you're not.''

Put simply, under DOMA, the Federal government does not treat people equally or fairly.

Last year, a Federal District Court declared the law unconstitutional; the Obama Administration has concluded that the law violates fundamental constitutional guarantees of equal protection; and even former President Clinton, who signed the law in 1996, now supports its repeal.

The Respect for Marriage Act would right DOMA's wrong.

It would strike DOMA in its entirety. It would ensure that the Federal protections afforded to a married couple remain stable and predictable no matter where a couple lives, works, or travels.

In my lifetime, I have seen the happiness, stability, and comfort that marriage brings. When two people love each other and decide to enter this solemn commitment, I believe that is a very positive thing.

I urge my colleagues to support the Respect for Marriage Act to repeal DOMA and call on our Federal Government to honor the legal, valid marriages of all Americans.

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