Legislators aim to kill entire Defense of Marriage Act

Now that the U.S. Supreme Court has struck down part of a federal law defining marriage as a union between a man and a woman, more than 200 federal legislators, including three representing Hampton Roads, are calling for the repeal of the entire law.

If approved, the legislation, called the Respect for Marriage Act, would mean gay couples legally married in one state would have their union honored for federal purposes, such as collecting Social Security, even if they moved to a state, such as Virginia, that doesn't recognize same-sex marriages.

Individual states would still have the right to decide if they want to ban or legalize same-sex marriages within their borders, as well as whether to extend state benefits to same-sex couples.

The high court on Wednesday struck down part of the Defense of Marriage Act - known as DOMA - that denied federal benefits to legally married same-sex couples. However, some federal benefits are tied to where a couple resides. If the couple moves to a state where the marriage is not legally acknowledged, some benefits could be in doubt.

The new legislation, introduced Thursday by U.S. Sen. Dianne Feinstein of California and cosponsored by 42 others, including Sens. Tim Kaine and Mark Warner, both Virginia Democrats, would remove any state restrictions on federal benefits - regardless of where a legally married gay couple resides.

Kaine called the Supreme Court ruling "an enormous victory for thousands of committed couples." Warner expressed similar sentiment, adding that he wished the court ruling had gone further in affirming "marriage equality."

A bill similar to Feinstein's has also been introduced in the House and has more than 160 cosponsors, including U.S. Rep. Bobby Scott, D-Newport News.

Scott, who voted against DOMA when Congress passed it in 1996, predicted that all of the law will eventually be found discriminatory and unconstitutional.

If DOMA is found invalid, he said in a statement, "it will in fact require Virginia to recognize marriages from other states, even if Virginia does not provide for same-sex marriages."

Hampton Roads' other congressmen, U.S. Reps. Scott Rigell, R-Virginia Beach, and Randy Forbes, R-Chesapeake, have both supported DOMA in the past and have said marriage should be defined as the union of one man and one woman. They were among 122 cosponsors of legislation in 2011 that condemned President Barack Obama for failing to defend the law. The bill did not pass.

"The court not only overturned a foundational principle of our society, but has threatened the right of religious freedom in this country," Forbes said after Wednesday's court ruling.

He argued that the court majority's criticism of those who oppose same-sex marriage "calls into question the ability of people of faith to freely express their religious views without fear of discrimination or retribution."

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