Over the past few years, some Democrats — including the Clintons — have offered a new explanation for why they supported the Defense of Marriage Act in 1996.
The threat of a federal constitutional amendment, these Democrats have argued, motivated them to support DOMA — a law that defined marriage for federal government purposes as between one man and one woman and said states could refuse to recognize same-sex couples’ marriages from others states.
“We were attempting at the time, in a very reactionary Congress,” Bill Clinton told an audience in 2009, “to head off an attempt to send a constitutional amendment banning gay marriage to the states.” Four former senators — including Tom Daschle, who madethe claim in 2011 — raised the idea in a Supreme Court brief in 2013. Clinton later cited that brief when, in a Washington Post op-ed, he called for the law he signed to be struck down by the court. Hillary Clinton just last week called her husband’s decision to sign DOMA “a defensive action.”
There is no contemporaneous evidence, however, to support the claim that the Clinton White House considered a possible federal constitutional amendment to be a concern, based on a BuzzFeed News review of the thousands of documents released earlier this year by the Clinton Presidential Library about same-sex couples’ marriage rights and the Defense of Marriage Act. In the documents, which include correspondence from a wide array of White House and Justice Department officials, no one even hints that Bill Clinton’s thinking or actions regarding DOMA were animated by the threat of a federal constitutional amendment.Hillary Clinton repeated the DOMA spin to Rachel Maddow.
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“I think what my husband believed — and there was certainly evidence to support it — is that there was enough political momentum to amend the Constitution of the United States of America, and that there had to be some way to stop that,” she told Maddow.
“I was in on some of those discussions, on both ‘don’t ask, don’t tell’ and on DOMA, where both the president, his advisers, and occasionally I would chime in and talk about, ‘You can’t be serious, you can’t be serious.’ But they were,” Hillary Clinton said. “And so, in a lot of ways, DOMA was a line that was drawn, that was to prevent going further.”Back in the 90's, columnist William Safire called Hillary Clinton "a congenital liar", she appears still not cured of it today.
