The Los Angeles City Council has gone on record in support of the repeal of the federal Defense Against Marriage Act (DOMA), voting unanimously on Aug. 2 to back legislation authored by Sen. Dianne Feinstein (D-California) that would change federal law and give same-sex couples more rights.

Representatives of the L.A. Gay & Lesbian Center hailed the Los Angeles City Council’s support for Sen. Feinstein’s legislation. (photo by Edwin Folven)

The city council’s decision came on the heels of an announcement by President Barack Obama that he is also in support of Feinstein’s measure, which is known as the Respect for Marriage Act. Both the president’s and the city council’s decisions were praised by local LGBT organizations, including the L.A. Gay & Lesbian Center (LAGLC), whose leaders said it is a major step forward for the LGBT community.

“This is a step toward full equality for LGBT people and in keeping with the principles upon which this nation was founded — liberty and justice for all. I hope it draws us closer to the day when anti-LGBT legislation is finally driven into extinction,” LAGLC CEO Lorri L. Jean said. “We eagerly await the day when all of our nation’s same-sex couples will be treated with fairness and equality under the law.”

The Respect for Marriage Act was first considered on July 20 by the Senate Judiciary Committee, which decided to continue their evaluation of the law at a future date to be determined, according to Marsha Catron, a spokesperson for Feinstein. Catron said the July 20 meeting was significant because it was the first time a Congressional hearing has been held to consider repealing DOMA.

DOMA was first enacted in 1996 and specifically defines marriage as being between a man and woman. It denies same-sex couples some of the federal rights extended to married coupes of opposite sexes, including joint federal income tax filing status, spousal benefits under social security, and unpaid leave under the Family and Medical Leave Act.

Feinstein’s Respect for Marriage Act would extend the spousal rights provided by the federal government to all couples, regardless of gender. Those rights include tax deductions available to married heterosexual couples, Social Security benefits, the right to take unpaid leave if a family member is sick, and protections against estate taxes if a spouse dies, or wants to leave their possessions to another person.

“There are tens of thousands of legally married same-sex couples in the United States, and more than 18,000 in my home state of California alone,” Feinstein said.  “These couples live their lives like all married people. They share the bills, 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 because of DOMA, they have been denied federal protections.  It is time to right this wrong.  This bill will ensure that all married couples in the United States enjoy equal protection of our laws.”

The Los Angeles City Council motion to support the Respect for Marriage Act was authored by Council President Eric Garcetti, 13th District, and seconded by Councilmember Bill Rosendahl, 11th District, the only gay member of the council. Rosendahl said it is critical that DOMA be repealed so equal rights are extended to all individuals.

“Currently, because of the Defense of Marriage Act, couples cannot take advantage of federal protections available to every other married couple in this nation,” Rosendahl said. “We would like to be able to raise our children together, share financial expenses together, and support each other in bad days and good days, in sickness and in health, till death do us part. As of now, we don’t get those rights when we file federal income tax and claim certain deductions. Everyone in this nation should be treated equally.”

Garcetti added that DOMA goes against the principles on which the country was founded.

“The rights and benefits denied by DOMA are critical to married couples. But DOMA’s impact is far more profound. Our nation was founded on the principle that every American was created equal, and that all of us are to be treated equally under the law,” Garcetti said. “It is simply un-American for the U.S. government to categorize people into separate groups with different laws for each. Equality is at the core of our nation’s promise. This action is about Los Angeles doing its part toward keeping that promise.”

Darrel Cummings, chief of staff for the LAGLC, added that he has a personal stake in the repeal of DOMA because it would extend additional rights to him and his husband. Cummings added that he believes the city council’s support is extremely significant.

“The support for the repeal of DOMA is important because it sends one more message to Washington that DOMA is not supported by the American people, especially here in Los Angeles,” Cummings said. “It is important to recognize that DOMA primarily discriminates against an entire class of people. There are a variety of benefits extended to married couples by the federal government, and for many people in the LGBT community, it is a matter of rights being denied to us.”