BLOG: DOMA Litigation Is a Waste of Taxpayer Funds

Almost three months ago, the three judges of the First Circuit Court of Appeals unanimously ruled that provisions of the so-called Defense of Marriage Act (DOMA) were unconstitutional because they deprive gay couples of necessary rights and privileges granted to all heterosexual couples.

DOMA, passed in 1996, defines marriage as the legal union of one man and one woman, and the provisions in question would deny a host of federal benefits to same- sex married couples. The First Circuit’s ruling is encouraging for advocates of full equality, and it continues a line of favorable decisions that have struck down DOMA’s provisions as unconstitutional, including a class action suit brought against the California Public Employees Retirement System (CalPERS), and several federal district court decisions in three different circuit court jurisdictions. The improving legal terrain is matched by similar developments in the executive branch.

Last year, President Barack Obama and Attorney General Eric Holder reached the same conclusion as the courts, finding provisions of DOMA to be indefensible. The Department of Justice announced it would no longer defend the law in certain court cases, allowing the Department to utilize its limited resources more productively. Those federal actions have mirrored, in large part, the American public’s progressing acceptance of equality, and specifically, same-sex marriage.

Repeated opinion polls are finding that the nation may be reaching a sort of “tipping point” on the issue. Gallup numbers over the last two years now show a majority of people in favor of marriage equality, which is a 12-14 percent shift in supporters over the last decade. Similarly, according to a recent Pew survey, 47 percent now say they favor allowing same-sex marriage while 43 percent oppose it. This change is notable, in light of the fact that just a few years ago, in 2008, 51 percent were opposed while only 39 percent favored it.

At the legislative level, Senator Dianne Feinstein has worked hard to pass the Respect for Marriage Act, which would strike DOMA from federal law and provide legally married, same-sex couples the same federal benefits, rights and privileges as other married Americans.

In the House, I’ve been working with my colleagues to urge the Democratic National Committee (DNC) . Almost the entire California Democratic Congressional Delegation has now joined in the effort, and this past weekend the platform drafting committee took the first step in approving language endorsing same-sex marriage.

Despite all this progress, some in Congress would continue to obstruct the pathway to full equality. In March of 2011, Speaker John Boehner convened the House of Representative’s Bipartisan Legal Advisory Group (BLAG), which voted 3-2 to proceed with hiring outside lawyers to defend DOMA in court at considerable taxpayer expense. The BLAG has already spent nearly $1 million in taxpayer dollars on this effort, and is prepared to spend a great deal more.

Rather than throwing good money after bad, we should accept what is already plainly apparent -- that DOMA unconstitutionally discriminates against a particular class of Americans, and should be repealed or struck down by the Courts. The House can stand in the way of that history, or we can jointly recognize the fundamental right of every American to love, and marry whom they choose.

In these challenging economic times, with millions out of work and our safety net programs at risk, this misuse of precious resources is all the more abhorrent. We should reserve our tax dollars for a worthy cause that will advance the nation's interest, not waste them defending a policy of inequality and exclusion.

Adam Schiff (D-Burbank) is a Member of the U.S. House of Representatives serving the 29th Congressional district. He is likely to serve the newly-drawn 28th   in the next Congress, of which West Hollywood is part.