[Congressional Record Volume 161, Number 1 (Tuesday, January 6, 2015)]
[Senate]
[Pages S16-S17]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Ms. Baldwin, Mr. Bennet, Mr. 
        Blumenthal, Mr. Booker, Mrs. Boxer, Mr. Brown, Ms. Cantwell, 
        Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Mr. Durbin, Mr. 
        Franken, Mrs. Gillibrand, Mr. Heinrich, Ms. Hirono, Mr. Kaine, 
        Mr. King, Ms. Klobuchar, Mr. Leahy, Mr. Markey, Mrs. McCaskill, 
        Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mr. Murphy, Mrs. 
        Murray, Mr. Peters, Mr. Reed, Mr. Reid, Mr. Sanders, Mr. 
        Schatz, Mr. Schumer, Mrs. Shaheen, Ms. Stabenow, Mr. Tester, 
        Mr. Udall, Mr. Warner, Ms. Warren, Mr. Whitehouse, and Mr. 
        Wyden):
  S. 29. A bill to repeal the Defense of Marriage Act and ensure 
respect for State regulation of marriage; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce a bill to 
fully repeal the Defense of Marriage Act, DOMA, and ensure that married 
same-sex couples are accorded equal treatment by the federal 
government.
  When I first introduced this bill in 2011, only 5 States and the 
District of Columbia recognized same-sex marriage.
  Today, due to a combination of actions by legislatures, voters, and 
the courts, 36 States and D.C. recognize same-sex marriage. Florida 
joined the group just this week.
  This progress is nothing short of amazing. Over 70 percent of 
Americans now live in a State where same-sex couples can marry.
  The Supreme Court's landmark decision in United States v. Windsor, 
which struck down Section 3 of DOMA, has caused most federal agencies 
to accord equal rights and responsibilities to married same-sex 
couples.
  But, despite this progress, the mission of ensuring full equality 
under Federal law for married same-sex couples is still unaccomplished.
  This bill will accomplish that mission. It will strike DOMA from 
Federal law, and ensure that legally married same-sex couples are 
treated equally by the federal government, period.
  I want to thank my 41 colleagues who have cosponsored this bill.
  For my colleagues who have not yet supported this bill: if you 
believe that couples who are married should be treated that way by the 
federal government, you should cosponsor this bill. It is as simple as 
that.
  Two major agencies, which serve millions and millions of Americans--
the Social Security Administration and Department of Veterans Affairs--
still deny benefits to some married couples depending on where the 
couple has lived. This bill would fix that problem.
  Let me address Social Security first. An example of the 
discrimination married same-sex couples still face is the case of Kathy 
Murphy and Sara Barker. According to a legal filing, this couple 
married in Massachusetts and shared a ranch house in Texas for nearly 
30 years.
  In 2010, when Sara was 60 years old, she was diagnosed with an 
aggressive form of cancer. Sara went through several surgeries and 
chemotherapy, and Kathy was Sara's caregiver.
  Sara passed away on March 10, 2012. As the complaint states: ``Kathy 
lost her partner of more than thirty years and the love of her life.''
  In July 2014--over a year after she applied--Kathy's application for 
survivor's benefits from Social Security was denied because they lived 
in Texas together, and Texas does not recognize them as married.
  This cost her an estimated $1,200 per month in Federal survivor's 
benefits.
  Veterans and active-duty military personnel in same-sex marriages 
also are being denied equal treatment by the Department of Veterans 
Affairs.
  Many of these brave individuals have served our country overseas or 
in war zones, but they may nevertheless be denied a huge range of 
benefits our nation grants to those who have served in the Armed 
Forces.
  A court filing by the American Military Partners Association explains 
that:

       lesbian and gay veterans and their spouses and survivors . 
     . . will be denied or disadvantaged in obtaining spousal 
     veterans benefits such as disability compensation, death 
     pension benefits, home loan guarantees, and rights to burial 
     together in national cemeteries.

  This is wrong. Our married gay and lesbian soldiers put their lives 
on the line for our country the same way other soldiers do.
  We owe them the same debt of gratitude we owe to all other men and 
women who serve, and this bill would ensure that we fulfill that solemn 
obligation.
  Continued discrimination against married same-sex couples is not 
limited to these benefits programs.
  Other Federal laws are not part of programs administered by agencies, 
but they nevertheless are designed to protect families, including 
spouses.
  Let me just give one example--Section 115 of Title 18. Among other 
things, this law makes it a crime to assault, kidnap, or murder a 
spouse of Federal law  enforcement officer, with the intent to 
influence or retaliate against the officer.

  This law protects the ability of people like FBI agents and federal 
prosecutors to serve the public knowing there is protection from 
violence against their families.
  These agents and prosecutors investigate and prosecute people like 
drug kingpins, terrorists, and organized crime figures.
  But, even today, it is not clear whether this vital protection for 
these officers covers those in lawful same- sex marriages everywhere in 
the country.
  These public servants, who protect all of us, should not have to 
worry that they lack the full protection we provide to their 
colleagues--but that is the situation we confront today. This bill 
would fix it.
  In addition, Section 2 of DOMA--which was not expressly addressed by 
the Supreme Court--continues to pose a serious risk to legal relief 
received by victims of crime and civil wrongs. This bill would repeal 
it.
  Section 2 of DOMA is the full faith and credit provision of DOMA, and 
it has been the subject of many misconceptions.
  When DOMA was enacted, some claimed Section 2 was designed to prevent 
the Full Faith and Credit Clause of the Constitution from forcing a 
state to recognize a marriage from another state.
  But states have never needed permission from Congress to decide 
whether to recognize an out-of-state marriage. States have done that 
under their own laws, subject to other constitutional guarantees like 
the Equal Protection Clause.
  Thus, repealing Section 2 of DOMA simply would not force a State, or 
a religious institution, to recognize a particular marriage.
  While it is on the books, Section 2 may have a very serious impact: 
it may nullify legal relief awarded to victims of crime and other civil 
wrongs.
  There is a general rule that the judgments of one state's courts will 
be enforced in another state's courts.
  But Section 2 purports to exempt any ``right or claim arising from'' 
a same-sex marriage from this rule.

[[Page S17]]

  Imagine a woman killed by a drunk driver. Her surviving spouse would 
have a civil claim for wrongful death, or might obtain restitution in a 
criminal case.
  But DOMA could prevent the court judgments in those cases from being 
enforced in the perpetrator's home State, allowing him to avoid the 
consequences of his actions.
  The same problem could arise in numerous types of cases, such as 
assaults, batteries, and insurance claims.
  Same-sex married couples are the only class of people who are 
burdened by this sort of legal disability, which hinders the court 
system from protecting them the same way that it does other citizens.
  This is wrong, and it must be repealed.
  As a Senator from California, I come to this bill with a strong sense 
of history.
  In 1948, the California Supreme Court became the first state court to 
find that a ban on interracial marriage violates the Equal Protection 
Clause. At the time, 29 states still prohibited interracial marriage.
  Prohibitions on interracial marriage then were eliminated in 13 other 
states, so that when the Supreme Court decided Loving v. Virginia in 
1967, only 16 states retained bans on interracial marriage.
  I very much hope that is where we are today on same-sex marriage.
  People of all stripes have come to believe that loving and committed 
same-sex couples are worthy of the same dignity and respect other 
couples receive. Public opinion has changed dramatically, and 36 states 
now recognize same-sex marriage.
  The tide has shifted, I hope irreversibly so.
  But here, in Congress, we still have work to do.
  We must end the discrimination married same-sex couples continue to 
face at the federal level.
  DOMA remains on the books, where it should never have been placed. It 
could be revived by a different Supreme Court majority.
  A future administration also could interpret other laws differently 
than this Administration has done, potentially restricting the 
availability of key benefits even further.
  The solution is simple: pass this bill, which would eliminate DOMA 
and accord equal treatment under Federal law for married same-sex 
couples.
  Let me again thank my cosponsors for joining me in this effort, and 
to urge my other colleagues on both sides of the aisle to support this 
legislation.
                                 ______