ORIANS: Defense of Marriage Act lacks legality

At 11:30 today, Western Standard Time, Washington Gov. Christine Gregoire is slated to sign the newly passed law that legalizes same-sex marriage. Washington will be the seventh state to fully legalize and recognize same-sex marriage as equal to opposite-sex marriage.

The funny thing is, these laws shouldn't be necessary in the first place. In 1996, President Bill Clinton signed the Defense of Marriage Act. Among other things, DOMA basically allows states to choose whether they recognize same-sex unions from other states. Yet this isn't a power that can be delegated by the federal government to the states because there are special provisions protecting the rights of citizens.

Section 1 of Article IV of the United States Constitution is known as the Full Faith and Credit Clause. It states "Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state." This means anything deemed legal in one state is just as legal in another state.

Full Faith and Credit is the reason moving state to state is so easy for married couples. They don't need to get remarried if they relocate into a new state as their legally binding contract is recognized in every other state. The same goes for driver's licenses, in that every state must recognize a license from every other state.

Without Full Faith and Credit, we would have to retake driver's tests in every state we drive in. Insurance bought and used in one state would no longer be valid in another state. So we'd also have to buy insurance through multiple agencies if we ever plan on traveling. Thanks to Full Faith and Credit, my identification card allowed me to gain access to bars in Oklahoma and it's also the reason I was able to get an appendectomy while I lived in Milwaukee.

As a direct result of Full Faith and Credit, DOMA is inherently unconstitutional. And yet it is still enforced as law. DOMA is the only reason why there is still a state-by-state struggle for equal rights in regards to same-sex unions. Nebraska Initiative Measure 416 of 2000 amended the constitution of Nebraska to ban same-sex marriage.

Gay couples may get married in Iowa but aren't legally recognized as a couple in Nebraska. These couples may share everything heterosexual couples share: a house, children, in-laws and so on. On every facet, they are two committed adults engaged in a long-term relationship. Yet the state refuses to acknowledge that these relationships are equal.

These actions send a strong message to the gay community — Nebraska is a place where being gay makes you a second-class citizen. Legally speaking, we are. We can be fired for being gay. We are unable to adopt children. We can't get married. We are refused the same rights as everyone else.

The name "DOMA" itself is offensive. It implies there's a war against marriage. In reality, there is a war against equality. DOMA is an assault against the gay population. It makes note that marriage is something that needs defense.

While I can't speak for the entire gay community, I can say that same-sex marriage isn't the reason my parents are divorced. I can also say that my potential future union isn't a threat to my brother and his wife, but rather an addition to the family.

In the same way my brother gave me a sister, I will someday give my brothers another brother to share the ridiculousness of the Orians family with.

Washington's decision to legalize same-sex marriage isn't only a step in the right direction, but a sign that the times are changing. Progressive folk in states are fighting harder than ever to ensure equality is guaranteed under the law — like it should be.

Eventually this fight will end and equality will be, at the very least, the legal precedent. Naturally, the passage of the Civil Rights Act didn't end racism. The repeal of DOMA won't inherently create across the board equality for all citizens.

It will, however, be the first step to a truly equal, inclusive society, something generations to come will forever be grateful for.

Neil Orians is a senior fine arts major. Reach him at neilorians@dailynebraskan.com