Same-Sex Marriage Update

iamkeri1 · 02-23-2011, 12:01 PM

White House press secretary announces that the Obama administration has decided that it WILL NOT DEFEND DOMA IN ANY LEGAL ACTION!!!!

With lots of disclaimers they also state that they will continue to be a party in any action taken by any other party that wishes to defend DOMA so that a decision on its constitutionality can be made by the courts. Also they will continue to enforce DOMA until a court decides differently.

A small victory, but a significant one nonetheless.

Smooches,
Keri

MsTinkerbelly · 02-23-2011, 01:33 PM

Gov't drops defense of anti-gay marriage law

Associated Press Pete Yost, Associated Press – 33 mins ago
WASHINGTON – In a major policy reversal, the Obama administration said Wednesday it will no longer defend the constitutionality of a federal law banning recognition of same-sex marriage.

Attorney General Eric Holder said President Barack Obama has concluded that the administration cannot defend the federal law that defines marriage as only between a man and a woman. He noted that the congressional debate during passage of the Defense of Marriage Act "contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships — precisely the kind of stereotype-based thinking and animus the (Constitution's)Equal Protection Clause is designed to guard against."

The Justice Department had defended the act in court until now.

The move quickly drew praise from some Democrats in Congress but a sharp response from the spokesman for Republican John Boehner, the House Speaker.

"While Americans want Washington to focus on creating jobs and cutting spending, the president will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation," said Boehner's spokesman Michael Steel.

Holder's statement said, "Much of the legal landscape has changed in the 15 years since Congress passed" the Defense of Marriage Act. He noted that the Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional and that Congress has repealed the military's "don't ask, don't tell" policy.

At the White House, spokesman Jay Carney said Obama himself is still "grappling" with his personal view of gay marriage but has always personally opposed the Defense of Marriage Act as "unnecessary and unfair."

Holder wrote to House Speaker John Boehner, R-Ohio, that Obama has concluded the Defense of Marriage Act fails to meet a rigorous standard under which courts view with suspicion any laws targeting minority groups who have suffered a history of discrimination.

The attorney general said the Justice Department had defended the law in court until now because the government was able to advance reasonable arguments for the law based on a less strict standard.

At a December news conference, in response to a reporters' question, Obama revealed that his position on gay marriage is "constantly evolving." He has opposed such marriages and supported instead civil unions for gay and lesbian couples. The president said such civil unions are his baseline — at this point, as he put it.

"This is something that we're going to continue to debate, and I personally am going to continue to wrestle with going forward," he said.

On Wednesday, Holder said the president has concluded that, given a documented history of discrimination against gays, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny than the department had been applying in legal challenges to the act up to now.

The attorney general said the department will immediately bring the policy change to the attention of two federal courts now hearing separate lawsuits targeting the Defense of Marriage Act.

One case, in Connecticut, challenges the federal government's denial of marriage-related protections for federal Family Medical Leave Act benefits, federal laws for private pension plans and federal laws concerning state pension plans. In the other case in New york City, the federal government refused to recognize the marriage of two women and taxed the inheritance that one of the women left to the other as though the two were strangers. Under federal tax law, a spouse who dies can leave her assets, including the family home, to the other spouse without incurring estate taxes.

MsTinkerbelly · 02-23-2011, 01:33 PM

Quote:

Originally Posted by iamkeri1

White House press secretary announces that the Obama administration has decided that it WILL NOT DEFEND DOMA IN ANY LEGAL ACTION!!!!

With lots of disclaimers they also state that they will continue to be a party in any action taken by any other party that wishes to defend DOMA so that a decision on its constitutionality can be made by the courts. Also they will continue to enforce DOMA until a court decides differently.

A small victory, but a significant one nonetheless.

Smooches,
Keri

Wonderful news, and about time!

MsTinkerbelly · 02-23-2011, 01:54 PM

Breaking: Olson and Boies file requests for the California Supreme Court to expedite Prop 8 case, and 9th Circuit to lift stay
By Adam Bink

This morning, Ted Olson and David Boies on behalf of the American Foundation for Equal Rights announced they are filing a request with the California Supreme Court to expedite the Perry v. Schwarzenegger (Prop 8) case and hear oral arguments by the end of May, before summer recess. They are also filing a “Motion to Vacate Stay Pending Appeal” with the 9th Circuit to lift the stay while the California Supreme Court takes its time. As you may recall, one week ago the California Supreme Court announced it would consider the question from the 9th Circuit regarding proponents’ standing, and would hear oral arguments in September.

As I posted here at the time, a six-month delay (with, I’m told, likely another few months until an actual decision) is an unacceptable delay.

In response to the news, Courage Campaign asked our members and you to submit your story or that of someone you know who is forced into hardship by waiting for the court to take its time. We collected a total of over 430 stories, are hosting a call for media later today to fulfill the purpose Shane described in the e-mail: get these stories out to the media and the courts.

Stories like Riverside’s Derence Kernek and his partner Ed, who have known each other for 40 years but Ed was diagnosed with Alzheimer’s Disease this past year. They want to wed before Ed loses the ability to remember the occasion.

Stories like San Francisco’s Shane Mayer and John Quintana– engaged late last year, but Shane’s father was recently diagnosed with cancer and wants to be at his son’s wedding.

Stories like Riverside’s Sylvia, who is 72 and her partner and she were planning to marry until Prop 8 came along. They had been waiting as domestic partners for many years. Sylvia’s partner passed away last year while the case was winding its way through the courts.

Stories like Santa Rosa’s Erica Mikesh and her partner, Melissa, who thought about marrying prior to the passage of Prop 8, but decided they should decide on their own time when it’s right to marry, and never believed it would pass. Now they are being punished for their patience and for waiting.

These are the stories of what is happening out there while the California Supreme Court takes its time. Courage Campaign encourages the courts to grant the Olson/Boies requests to hold oral arguments by the end of May and lift the stay, and we will start to show the court, media, and public the human faces of what happens while they take over 6 months to move on the case.

MsDemeanor · 02-23-2011, 07:11 PM

Here's Boehner's response:
"While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation"

Are you kidding me? Are you fucking kidding me!!!!!!????? All this asshole has done so far is slash jobs and try to abolish abortion. The current Republican party is lead by and financed by thoroughly disgusting people.

Corkey · 02-23-2011, 07:42 PM

http://www.lgbtqnation.com/2011/02/h...bill-into-law/

Aloha No ka Oi!

Strappie · 02-23-2011, 11:21 PM

http://www.nytimes.com/2011/02/24/op...1.html?_r=1&hp

02-23-2011, 01:54 PM	#4
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,908 Times in 5,019 Posts Rep Power: 0	PROP 8 TRIAL TRACKER.... Breaking: Olson and Boies file requests for the California Supreme Court to expedite Prop 8 case, and 9th Circuit to lift stay By Adam Bink This morning, Ted Olson and David Boies on behalf of the American Foundation for Equal Rights announced they are filing a request with the California Supreme Court to expedite the Perry v. Schwarzenegger (Prop 8) case and hear oral arguments by the end of May, before summer recess. They are also filing a “Motion to Vacate Stay Pending Appeal” with the 9th Circuit to lift the stay while the California Supreme Court takes its time. As you may recall, one week ago the California Supreme Court announced it would consider the question from the 9th Circuit regarding proponents’ standing, and would hear oral arguments in September. As I posted here at the time, a six-month delay (with, I’m told, likely another few months until an actual decision) is an unacceptable delay. In response to the news, Courage Campaign asked our members and you to submit your story or that of someone you know who is forced into hardship by waiting for the court to take its time. We collected a total of over 430 stories, are hosting a call for media later today to fulfill the purpose Shane described in the e-mail: get these stories out to the media and the courts. Stories like Riverside’s Derence Kernek and his partner Ed, who have known each other for 40 years but Ed was diagnosed with Alzheimer’s Disease this past year. They want to wed before Ed loses the ability to remember the occasion. Stories like San Francisco’s Shane Mayer and John Quintana– engaged late last year, but Shane’s father was recently diagnosed with cancer and wants to be at his son’s wedding. Stories like Riverside’s Sylvia, who is 72 and her partner and she were planning to marry until Prop 8 came along. They had been waiting as domestic partners for many years. Sylvia’s partner passed away last year while the case was winding its way through the courts. Stories like Santa Rosa’s Erica Mikesh and her partner, Melissa, who thought about marrying prior to the passage of Prop 8, but decided they should decide on their own time when it’s right to marry, and never believed it would pass. Now they are being punished for their patience and for waiting. These are the stories of what is happening out there while the California Supreme Court takes its time. Courage Campaign encourages the courts to grant the Olson/Boies requests to hold oral arguments by the end of May and lift the stay, and we will start to show the court, media, and public the human faces of what happens while they take over 6 months to move on the case.

02-23-2011, 07:11 PM	#5
MsDemeanor Member How Do You Identify?: queer stone femme Relationship Status: Happily married to MisterMeanor, the man of my dreams Join Date: Nov 2009 Location: SF Bay Area Posts: 703 My Photo Gallery Thanks: 165 Thanked 1,852 Times in 511 Posts Rep Power: 2698180	Here's Boehner's response: "While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation" Are you kidding me? Are you fucking kidding me!!!!!!????? All this asshole has done so far is slash jobs and try to abolish abortion. The current Republican party is lead by and financed by thoroughly disgusting people. __________________ artisan jewelry jewelry gallery

02-23-2011, 07:42 PM	#6
Corkey Infamous Member How Do You Identify?: Human Preferred Pronoun?: He Relationship Status: Very Married Join Date: Dec 2009 Location: Where I want to be Posts: 8,155 My Photo Gallery Thanks: 47,491 Thanked 29,270 Times in 6,637 Posts Rep Power: 21474859	http://www.lgbtqnation.com/2011/02/h...bill-into-law/ Aloha No ka Oi! __________________ "Many proposals have been made to us to adopt your laws, your religion, your manners and your customs. We would be better pleased with beholding the good effects of these doctrines in your own practices, than with hearing you talk about them". ~Old Tassel, Chief of the Tsalagi (Cherokee)

02-23-2011, 12:01 PM	#1
iamkeri1 Member How Do You Identify?: femme woman Preferred Pronoun?: she Relationship Status: solo Join Date: Nov 2009 Location: Central Florida Posts: 905 My Photo Gallery Thanks: 302 Thanked 2,153 Times in 659 Posts Rep Power: 16642920	White House press secretary announces that the Obama administration has decided that it WILL NOT DEFEND DOMA IN ANY LEGAL ACTION!!!! With lots of disclaimers they also state that they will continue to be a party in any action taken by any other party that wishes to defend DOMA so that a decision on its constitutionality can be made by the courts. Also they will continue to enforce DOMA until a court decides differently. A small victory, but a significant one nonetheless. Smooches, Keri

02-23-2011, 01:33 PM	#2
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,908 Times in 5,019 Posts Rep Power: 0	Gov't drops defense of anti-gay marriage law Associated Press Pete Yost, Associated Press – 33 mins ago WASHINGTON – In a major policy reversal, the Obama administration said Wednesday it will no longer defend the constitutionality of a federal law banning recognition of same-sex marriage. Attorney General Eric Holder said President Barack Obama has concluded that the administration cannot defend the federal law that defines marriage as only between a man and a woman. He noted that the congressional debate during passage of the Defense of Marriage Act "contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships — precisely the kind of stereotype-based thinking and animus the (Constitution's)Equal Protection Clause is designed to guard against." The Justice Department had defended the act in court until now. The move quickly drew praise from some Democrats in Congress but a sharp response from the spokesman for Republican John Boehner, the House Speaker. "While Americans want Washington to focus on creating jobs and cutting spending, the president will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation," said Boehner's spokesman Michael Steel. Holder's statement said, "Much of the legal landscape has changed in the 15 years since Congress passed" the Defense of Marriage Act. He noted that the Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional and that Congress has repealed the military's "don't ask, don't tell" policy. At the White House, spokesman Jay Carney said Obama himself is still "grappling" with his personal view of gay marriage but has always personally opposed the Defense of Marriage Act as "unnecessary and unfair." Holder wrote to House Speaker John Boehner, R-Ohio, that Obama has concluded the Defense of Marriage Act fails to meet a rigorous standard under which courts view with suspicion any laws targeting minority groups who have suffered a history of discrimination. The attorney general said the Justice Department had defended the law in court until now because the government was able to advance reasonable arguments for the law based on a less strict standard. At a December news conference, in response to a reporters' question, Obama revealed that his position on gay marriage is "constantly evolving." He has opposed such marriages and supported instead civil unions for gay and lesbian couples. The president said such civil unions are his baseline — at this point, as he put it. "This is something that we're going to continue to debate, and I personally am going to continue to wrestle with going forward," he said. On Wednesday, Holder said the president has concluded that, given a documented history of discrimination against gays, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny than the department had been applying in legal challenges to the act up to now. The attorney general said the department will immediately bring the policy change to the attention of two federal courts now hearing separate lawsuits targeting the Defense of Marriage Act. One case, in Connecticut, challenges the federal government's denial of marriage-related protections for federal Family Medical Leave Act benefits, federal laws for private pension plans and federal laws concerning state pension plans. In the other case in New york City, the federal government refused to recognize the marriage of two women and taxed the inheritance that one of the women left to the other as though the two were strangers. Under federal tax law, a spouse who dies can leave her assets, including the family home, to the other spouse without incurring estate taxes.

02-23-2011, 11:21 PM	#7
Strappie Senior Member How Do You Identify?: Butch Preferred Pronoun?: I know who I am... Doesn't matter Relationship Status: It's a new day.... Join Date: Nov 2009 Location: Mpls, MN Posts: 3,283 My Photo Gallery Thanks: 3,813 Thanked 4,945 Times in 1,350 Posts Rep Power: 21474855	http://www.nytimes.com/2011/02/24/op...1.html?_r=1&hp