ORIGINAL TEXT
Resolution:C023
Title:Defense of Marriage Statutes
Topic:Same-Sex Unions
Committee:09 - National and International Concerns
House of Initial Action:Deputies
Proposer:Diocese of Newark

Resolved, the House of _______ concurring, That this 76th General Convention reject the belief that the existence of marriage, civil union, or domestic partnership between same-sex individuals has a detrimental effect on opposite-sex marriage; and be it further

Resolved, That the Convention call on Congress to repeal the so-called "Defense of Marriage" statute passed on September 21, 1996 [Public Law No. 104-199, 110 Stat. 2419, codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C]; and be it further

Resolved, That the Convention call on all Episcopalians to work against the passage of so-called "Defense of Marriage" state statutes and state constitutional amendments, and, in states where such statutes or constitutional amendments already exist, to work for their repeal.


EXPLANATION

"Defense of Marriage" statutes and constitutional amendments increasingly have little relationship to marriage, let alone its "defense." Most of the amendments and citizen propositions passed in the last five years have included provisions such as that in the 2004 Ohio amendment, and "this state and its political subdivisions shall not create or recognize a legal status or relationship of unmarried individuals that intends to proximate the design, qualities, significance or effect of a marriage." This is intended to prohibit the recognition of domestic partnerships, civil unions and all benefits for partners of state employees - even when those benefits are achieved through collective bargaining. Ironically, even non-LGBT Ohioans have been affected since the courts ruled that unmarried persons may not seek protection from state-sponsored spousal abuse programs. The federal Defense of Marriage law has the effect of denying various benefits for same-sex partners - joint tax filing, survivor benefits under social security, and the state tax exemptions.