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August 12, 2009

ABA Passes Resolution Urging Repeal of DOMA Section 3

The American Bar Association (ABA) House of Delegates voted at its 2009 annual meeting in Chicago last week to pass a resolution calling for Congress to repeal Section 3 of the Defense of Marriage Act (DOMA), which disrespects the legal marriages of same-sex couples for the purposes of federal law.  No one spoke in opposition to the resolution.

The Report states, “In urging Congress to repeal DOMA Section 3, this recommendation neither favors nor opposes civil marriage for same-sex couples. It merely seeks to ensure that state decisions to recognize such marriages are respected, by restoring the deference traditionally accorded to state determinations of marital status for purposes of federal laws and programs.”  DOMA Section 2 was not part of the report.

Sponsoring the resolution were the ABA Sections of Individual Rights and Responsibilities, Family Law, Women in the Law, and the Young Lawyers Division, the state bar associations of Massachusetts, Vermont, New York and Washington, as well as the Beverly Hills and San Francisco Bar Associations.

GLAD Civil Rights Project Director Mary L. Bonauto, who serves as a Vice Chair of the Sexual Orientation and Gender Identify Committee of the Individual Rights and Responsibilities Section of the ABA, contributed to authoring the recommendation report and securing support from some of the state bars.

Read the resolution and underlying report

News Coverage:

ABA JournalGay Marriage Measure Passes House Without Debate

CBS/Chicago - ABA Calls For Equal Benefits For Same-Sex Couples

EdgeBoston - Bar Association Vows to Fight DOMA