August 11, 2009
STATE BAR CO-SPONSORED RESOLUTION WINS APPROVAL OF
THE AMERICAN BAR ASSOCIATION
Resolution to Repeal the Federal Defense of
Marriage Act Adopted During ABA’s House of Delegates
Meeting
The New York State Bar Association co-sponsored an American Bar
Association resolution urging Congress to repeal part of the federal
Defense of Marriage Act (DOMA). The ABA’s House of Delegates
approved the resolution during the ABA’s Annual Meeting held
earlier this month in Chicago.
Noting that current federal law imposes unfair and inequitable
burdens on legally married same-sex couples and their children by
defining the words “marriage” and “spouse” to
preclude recognition of these unions, the adopted resolution seeks to
restore the traditional authority of the states, territories and tribal
governments to determine who may marry within their jurisdictions.
Recognition of marriage has always been a state function, not a federal
function. In cases other than same-sex marriage, the federal
government recognizes a couple as married if their state does. The
Defense of Marriage Act usurps a state function by excluding couples who
have valid marriages from having their marriages recognized.
“The State Bar’s co-sponsorship of this resolution
represents our continuing efforts to ensure that same-sex couples are
guaranteed equal rights,” said State Bar President Michael E.
Getnick (Getnick, Livingston, Atkinson & Priore, LLP of Utica and of
counsel to Getnick & Getnick of New York City). “We
fully support same-sex marriage on the State level and our support of
this resolution furthers our goal of removing federal restrictions that
deny equal rights to same-sex couples whose marriages are recognized
under State law.”
The negative impact of the law on these families is far reaching,
denying them a broad range of protections including Medicaid and Social
Security survivor benefits; family medical leave; disability, dependency
and death benefits; family coverage under federal health insurance
plans; and the ability to file joint tax returns. Its enactment has
deprived thousands of lawfully married couples of a range of federal
protections they would otherwise receive, making it difficult for them
to provide for one another and subjecting them to financial hardship and
uncertainty.
In June, the State Bar’s House of Delegates adopted a
resolution -- including a comprehensive 180-page report prepared by the
Special Committee on LGBT People and the Law -- to amend the
state’s Domestic Relations Law to give same-sex couples the right
to marry and to recognize civil marriages that have been contracted
elsewhere.
Repealing this section of the Defense of Marriage Act does not
require states to permit same-sex marriage.
The 76,000-member New York State Bar Association is the official
statewide organization of lawyers in New York and the largest voluntary
state bar association in the nation. Founded in 1876, State Bar programs
and activities have continuously served the public and improved the
justice system for more than 130 years.
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