Same-Sex Marriage Update

Metro · 08-01-2013, 04:18 PM

Federal Judges Rule in Favor of Lesbian Widow

by Carrie Maxwell, Windy City Times

2013-08-01

Judge C. Darnell Jones II of the United States District Court for the Eastern District of Pennsylvania ruled July 29 that Jennifer Tobits is entitled to death benefits administered by her deceased wife Sarah Ellyn Farley's profit-sharing plan. In his ruling, Jones ordered that Farley's employer, Philadelphia-based law firm Cozen O'Connor P.C., pay Tobits the $41,000 in death benefits.

Jones' decision used the recent United States v Windsor Supreme Court ruling that struck down a portion of the Defense of Marriage Act to award the benefits to Tobits. "Following the [Supreme] Court's ruling, the term 'spouse' is no longer unconstitutionally restricted to members of the opposite sex, but now rightfully includes those same-sex spouses in otherwise valid marriages," said Jones in his ruling.

Farley was a partner at the Cozen O'Connor P.C. law offices in Chicago. She died in 2010 at the age of 37 after a four year battle with a rare and aggressive form of cancer.

"I am overjoyed that the court has said my marriage to Ellyn deserves the same respect as everyone else's," said Tobits in a release. "Nothing can ever replace Ellyn, but it's a great tribute to her that the courts have rejected these challenges to our marriage and recognized our commitment to each other and the life we built together."

The case arose when Farley's parents, David and Joan, challenged the legality of their daughter's marriage to Tobits. Farley's parents argued that they should receive their daughter's death benefits because they were the surviving family members. They were represented by the Thomas More Society, an anti-gay legal organization based in Chicago.

Cozen O'Connor P.C. argued that DOMA prevented them from awarding the death benefits to Tobits and filed an action in the federal district court to determine who should receive the death benefits, Tobits or Farley's parents.

"We are pleased with the court's decision and intend to pay the money as soon as possible," said Lisa Haas, chief marketing officer of Cozen O'Connor P.C., told Windy City Times.

National Center for Lesbian Rights (NCLR) Legal Director Shannon Minter, who is representing Tobits, said in a statement, "This decision is not only a victory for Jennifer and Ellyn, it is a victory for every married same-sex couple in the country. No longer can employers hide behind DOMA to deny equal benefits to some employees solely because their spouse is a person of the same sex."

"This decision makes clear that federal pension law protects same-sex spouses just as it does opposite-sex spouses," said attorney Teresa Renaker, who also represents Tobits, in a statement. "Under the rationale of this decision, employees can be confident that their hard-earned retirement benefits will be there for their spouses. Protecting the retirement security of spouses is an important part of ensuring that employees get equal benefits from their retirement plans."

Christopher Stoll, senior staff attorney for the NCLR, explained that due to this ruling employers will be required to treat same-sex spouses equally and he hopes that the decision will cause employers to take proactive steps to make sure that they are treating their employee's same-sex spouses fairly.

"We're thrilled to have helped Jennifer achieve this result. Anyone facing a similar situation should feel free to contact our legal helpline at 1-800-528-6257," said Stoll.

When reached for comment, representatives from the Thomas More Society did not respond to queries about the outcome of the case.

http://www.windycitymediagroup.com/l...dow/43907.html

MsTinkerbelly · 08-02-2013, 10:04 AM

Two Lesbian Couples Challenge Virginia's Marriage Equality Ban

Represented by the ACLU and Lambda Legal, four lesbian moms are suing the state of Virginia to recognize their marriages and families.

BY Sunnivie Brydum.

August 01 2013 1:49 PM ET

Two lesbian couples in Virginia have filed a federal class action lawsuit seeking to overturn the state's constitutional and statutory prohibitions on same-sex marriages and recognizing such unions performed outside of the state.

Represented by the American Civil Liberties Union, the ACLU of Virginia, and Lambda Legal, the case, known as Harris, et. al. v McDonnell, et. al., was filed today in U.S. District Court for the Western District of Virginia, according to a press release from the ACLU. The suit alleges that the state's ban on marriage equality and refusal to recognize legal same-sex marriages performed in other states results in the state sending a "purposeful message that they view lesbians, gay men, and their children as second-class citizens who are undeserving of the legal sanction, respect, protections, and support that heterosexuals and their families are able to enjoy through marriage."

The four lead plaintiffs are comprised of two lesbian couples with children, who represent a larger class action suit on behalf of all gay and lesbian Virginians who wish to marry. Christy Berghoff and Victoria Kidd, both 34, have been together for nine years, and married in 2011 in Washington, D.C., according to the ACLU. Berghoff is an Air Force veteran who currently works for the Department of Justice, while her wife Kidd runs a small business from their home, allowing her to serve as a stay-at-home mother to the couple's eight-month-old daughter, Lydia.

Joanne Harris, 37, and Jessi Duff, 33 are both native Virginians, who met through a mutual friend 11 years ago. Harris serves as the director of diversity at Mary Baldwin College, while Duff works for the state's child protective services systems. They have a four-year-old son named Jabari, who loves his Mommy and Momma DeeDee, but knows his parents aren't legally married like his friends' parents. Pointing to a picture of the couple's 2006 commitment ceremony, Jabari told the ACLU "Mommy and Momma DeeDee got married, and they really need to get married."

This latest filing marks the third federal challenge to a state ban on marriage equality filed by the ACLU since the Supreme Court issued its landmark rulings invalidating a key section of the so-called defense of marriage act and dismissing California's Proposition 8 on June 26. Earlier this month, the advocacy organization filed federal lawsuits to strike down anti-marriage equality laws in Pennsylvania and North Carolina. The Pennsylvania attorney general announced shortly thereafter that she will not defend the state's antigay law in court, because she believes "it to be wholly unconstitutional."

MsTinkerbelly · 08-02-2013, 10:06 AM

RI lawmaker who fought for marriage equality marries his partner of 32 years

Clare Kim, @clarehkim
11:15 PM on 08/01/2013

For Rhode Island Rep. Frank Ferri, Thursday marked a long-awaited milestone for him and his partner of 32 years. After Rhode Island became the 13th state to legalize gay marriage, county clerks began issuing marriage licenses when their offices opened at 8:30am this morning.

Ferri and his longtime partner, Anthony Caparco, were one of four couples who waited outside Warwick City Hall starting 7:30 am. Ferri, who first testified in favor of marriage equality 15 years ago, is a Democratic state representative from Rhode Island who helped usher in legislation to legalize same-sex marriage. While Ferri has been an elected official for six years, he has advocated for marriage equality at the Statehouse for nearly two decades.

The couple finally wed late Thursday, the first day the law went into effect, and also the couple’s anniversary. Although the two men wed seven years ago when they vacationed in Vancouver, Canada, Ferri said on MSNBC’s The Last Word that being allowed to marry in their home state would be more meaningful to the couple.

“I know the train is out of the station and it’s going and it’s not stopping and it’s not coming back, said Ferri. “We have seen it here in New England. We know how people are opening their minds because so many couples like ourselves who are living their lives openly and honestly every day. I think that’s driving this and with the help of the president’s support and many legislatures, this is going to happen.”

Rhode Island is the final state in New England to allow gay marriage after it was approved by lawmakers on May 2. The law was signed into law on the same day by Rhode Island Gov. Lincoln Chaffee, who became one of the earliest prominent national proponents of same-sex marriage when he was a Republican senator. Chaffee, who ran as an Independent in 2010 and changed his party affiliation to Democrat in late May, made marriage equality a priority in his campaign.

The governor attended the couple’s wedding, which was officiated by House Speaker Gordon Fox, who is openly gay.

“It’s been a lot of work. It’s been a long road,” said Caparco. “It’s just an exciting day for us and the Speaker is thrilled to be officiating at our ceremony.”

Even though Rhode Island legally allowed domestic partnerships in 2002, a bill to legalize gay marriage was introduced every year since 1997.

“It’s still settling in. It’s a funny feeling to know that I don’t have to get out of bed tomorrow and advocate another day for gay marriage,” said Ferri to the Boston Globe. “I’ve been talking to so many people over so many years about it and trying to educate people. You know, every chance I got I was advocating for it, even if it was just in subtle ways. So, now it’s happened, it’s strange. Pinch me! It’s a really, really strange feeling.”

MsTinkerbelly · 08-06-2013, 10:05 AM

Marriage Equality Takes Effect in Uruguay

August 5, 2013 by Eric Cameron, Digital Media Associate

Marriage equality takes effect in Uruguay today. Following Argentina, Uruguay is the second country in Latin America to have passed nationwide same-sex marriage legislation.

The legislation passed with strong majorities in the Uruguay House and Senate in April. President Jose Mujica signed the bill into law on May 3.

Uruguay joins the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark and France in recognizing marriage equality nationwide. Marriage equality takes effect in New Zealand later this month and is expected to take force in England and Wales in 2014.

Brazil is just steps away from fully recognized marriage equality following a recent ruling by their National Council of Justice. Same-sex marriage is also recognized in parts of Mexico and in thirteen U.S. states and the District of Columbia.

Congratulations, Uruguay!

MsTinkerbelly · 08-12-2013, 12:46 PM

Social Security Announces You Must Live In A Marriage Equality State To Collect Benefits – For Now

by Jean Ann Esselink on August 12, 2013

Saying they ”appreciate the public’s patience as we work through the legal issues to ensure that our policy is legally sound and clear,” the acting commissioner of the Social Security Administration, Carolyn Colvin, announced the agency has begun processing claims from same-sex couples and their children who reside in states that recognize same-sex marriages. The couples must be legally married. Couples in civil unions will not be eligible for benefits at this time.

The announcement went on to say the agency continues to work with the Justice Department, and expects to develop additional “policy and processing instructions” which they will implement in the next “weeks and months.”

The short press release ended by urging anyone who thinks they should be eligible for benefits to continue filing claims, to protect your eligibility in case new policies are adopted in the future.

Story Writer’s Note: My gut feeling is that this decision should be viewed as more of a “what can we do right away?” response than a “this is all we’re going to do” announcement. The government moves slowly. My sense is they wanted to show they were working on the new policy, not that they expect to deny everyone else forever.

MsTinkerbelly · 08-15-2013, 12:38 PM

New Jersey judge hears marriage equality arguments

Emma Margolin
12:54 PM on 08/15/2013

Six couples in are in a New Jersey courtroom Thursday, challenging the state’s ban on same-sex marriage. New Jersey state Sen. Ray Lesniak was one of two dozen sponsors of a marriage equality bill, which passed the legislature, but was vetoed by the Gov. Chris Christie.

Six gay couples and their children headed back to a New Jersey courtroom Thursday, hoping that June’s landmark marriage equality rulings would reinvigorate their fight for the state to recognize same-sex marriage.

New Jersey is one of four states that allow civil unions, which entitle gay couples to spousal rights, but stops short of calling those unions “marriage.” The New Jersey state Supreme Court ruled in 2006 that same-sex couples could not be denied the same rights and benefits enjoyed by opposite-sex couples, so the state legislature passed a law allowing civil unions in response. In 2012, the New Jersey Assembly passed a bill that would have legalized same-sex marriage throughout the Garden State, but Republican Gov. Chris Christie swiftly vetoed it.

The couples filed suit in 2011, claiming that New Jersey’s marriage laws violated the 2006 state Supreme Court ruling that set a standard of equality for same-sex couples. Now, they argue, New Jersey is even more in the wrong.

Arguments on Thursday focused on the implications of a U.S. Supreme Court ruling that struck down a key provision of the Defense of Marriage Act (DOMA,) which defined marriage as the union between a man and a woman for federal purposes. The DOMA ruling cleared the way for same-sex couples who were legally married to receive the same federal benefits given to heterosexual spouses. At issue is whether same-sex couples in civil unions should also receive federal benefits based on the ruling.

Marriage equality advocates argue that the DOMA decision does not apply to civil unions, meaning that those who receive state-level spousal benefits are not entitled to federal-level benefits. By that logic, New Jersey is now in violation of the 2006 state Supreme Court decision requiring that gay couples receive the same benefits as straight ones. The state would have to allow all couples to marry, regardless of sexual orientation, in order to comply with both U.S. and state Supreme Court decisions, they argue.

Christie’s administration disagrees, claiming that the full impact of the DOMA ruling is not yet clear, reports the New York Times. A lawyer for the state said Thursday that it was the federal government’s fault, not the state’s, if couples in civil unions were denied certain federal benefits, reports the Associated Press.

After hearing both arguments Thursday, the judge said she would not issue a ruling before September.

Thirteen states and the District of Columbia currently allow same-sex couples to marry. New Jersey is one of two in the Northeast that does not.

tndoc · 08-15-2013, 01:49 PM

Quote:

Originally Posted by MsTinkerbelly

New Jersey judge hears marriage equality arguments

Emma Margolin
12:54 PM on 08/15/2013

Christie’s administration disagrees, claiming that the full impact of the DOMA ruling is not yet clear, reports the New York Times. A lawyer for the state said Thursday that it was the federal government’s fault, not the state’s, if couples in civil unions were denied certain federal benefits, reports the Associated Press.

.

One big reason he may never become president. i truly hope they rule in favor.

blackboot · 08-19-2013, 10:58 AM

Star Advertiser: Special session is expected

A law that could assuage appeals courts is the goal, the governor tells Democrats

By Derrick DePledge

POSTED: 01:30 a.m. HST, Aug 19, 2013

Gov. Neil Abercrombie said Sunday it is "very likely" there will be a special legislative session on gay marriage.

The governor, speaking to a Democratic Party of Hawaii gathering at Ward Warehouse, appealed for patience while his administration drafts a gay-marriage bill that can withstand a potential legal challenge from opponents.

"We're not necessarily going to agree on every aspect of how to move forward where justice and freedom and opportunity are concerned," the governor said. "But I think we can put together something that can achieve a solid majority, that will give us the opportunity to establish marriage equity in the state of Hawaii commensurate with the recent Supreme Court decisions, and will satisfy and resolve the issues that are presently before the appeals court on the mainland."

Asked by the Star-Advertiser afterward whether there will be a special session, Abercrombie said, "I think it's very likely."

Despite the governor's confidence, however, he cautioned that he is more concerned about drafting a legally sound bill than the timing of when a bill is passed into state law.

Blake Oshiro, the governor's deputy chief of staff, said he is working with the state attorney general's office on a draft and has been in discussions with state lawmakers. Oshiro said the administration wanted to avoid a repeat of the flawed civil unions law that was approved in 2011 and later had to be corrected.

Abercrombie and state House and Senate leaders have been circumspect about a special session on gay marriage since the U.S. Supreme Court ruled in June that legally married gay couples are entitled to federal benefits. The rulings prompted gay rights activists, along with the state's congressional delegation and a growing number of the more liberal faith-based groups, to urge the state to act quickly.

Hawaii allows both gay and heterosexual couples to enter into civil unions and receive the same rights and benefits as marriage under state law, but federal law does not recognize civil unions. Gay couples have challenged the state's marriage law in federal court as unconstitutional, and the case is on appeal.

House and Senate leaders have said they do not have the two-thirds' support required under the state Constitution to call themselves back into special session, leaving the decision up to Abercrombie. The Senate has the votes for gay marriage, Senate leaders have said, but the vote count is much closer in the House.

Abercrombie has been waiting for a clear expression from the House that there are sufficient votes for a gay-marriage bill. House sources have said privately that they believe they have a majority but want a cushion for a special session.

"The House votes are really close right now," said House Majority Leader Scott Saiki (D, Downtown-Kakaako-McCully). "We are looking forward to meeting with the governor to discuss the language and mechanics of a bill."

Democrats hold overwhelming majorities in the House and Senate, and Abercrombie holds Washington Place, so activists in the party expect the Legislature and the governor to enact gay marriage either in special session or soon after the next session of the Legislature opens in January.

"Marriage is such a huge, volatile, emotional issue that it should be handled separately so that when we go into the regular session, we can focus on the more regular business," said Jo-Ann Adams, an attorney and gay rights activist. "This needs to be done. It creates a nice space between getting it done in a focused way and giving them time to then reorient and refocus on the rest of the government business. It gives some space for it to die down so people don't worry about any election repercussions, although we don't expect any."

08-02-2013, 10:04 AM	#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 22,907 Times in 5,017 Posts Rep Power: 0	Virginia Two Lesbian Couples Challenge Virginia's Marriage Equality Ban Represented by the ACLU and Lambda Legal, four lesbian moms are suing the state of Virginia to recognize their marriages and families. BY Sunnivie Brydum. August 01 2013 1:49 PM ET Two lesbian couples in Virginia have filed a federal class action lawsuit seeking to overturn the state's constitutional and statutory prohibitions on same-sex marriages and recognizing such unions performed outside of the state. Represented by the American Civil Liberties Union, the ACLU of Virginia, and Lambda Legal, the case, known as Harris, et. al. v McDonnell, et. al., was filed today in U.S. District Court for the Western District of Virginia, according to a press release from the ACLU. The suit alleges that the state's ban on marriage equality and refusal to recognize legal same-sex marriages performed in other states results in the state sending a "purposeful message that they view lesbians, gay men, and their children as second-class citizens who are undeserving of the legal sanction, respect, protections, and support that heterosexuals and their families are able to enjoy through marriage." The four lead plaintiffs are comprised of two lesbian couples with children, who represent a larger class action suit on behalf of all gay and lesbian Virginians who wish to marry. Christy Berghoff and Victoria Kidd, both 34, have been together for nine years, and married in 2011 in Washington, D.C., according to the ACLU. Berghoff is an Air Force veteran who currently works for the Department of Justice, while her wife Kidd runs a small business from their home, allowing her to serve as a stay-at-home mother to the couple's eight-month-old daughter, Lydia. Joanne Harris, 37, and Jessi Duff, 33 are both native Virginians, who met through a mutual friend 11 years ago. Harris serves as the director of diversity at Mary Baldwin College, while Duff works for the state's child protective services systems. They have a four-year-old son named Jabari, who loves his Mommy and Momma DeeDee, but knows his parents aren't legally married like his friends' parents. Pointing to a picture of the couple's 2006 commitment ceremony, Jabari told the ACLU "Mommy and Momma DeeDee got married, and they really need to get married." This latest filing marks the third federal challenge to a state ban on marriage equality filed by the ACLU since the Supreme Court issued its landmark rulings invalidating a key section of the so-called defense of marriage act and dismissing California's Proposition 8 on June 26. Earlier this month, the advocacy organization filed federal lawsuits to strike down anti-marriage equality laws in Pennsylvania and North Carolina. The Pennsylvania attorney general announced shortly thereafter that she will not defend the state's antigay law in court, because she believes "it to be wholly unconstitutional."

08-02-2013, 10:06 AM	#3
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 22,907 Times in 5,017 Posts Rep Power: 0	Congratulations! RI lawmaker who fought for marriage equality marries his partner of 32 years Clare Kim, @clarehkim 11:15 PM on 08/01/2013 For Rhode Island Rep. Frank Ferri, Thursday marked a long-awaited milestone for him and his partner of 32 years. After Rhode Island became the 13th state to legalize gay marriage, county clerks began issuing marriage licenses when their offices opened at 8:30am this morning. Ferri and his longtime partner, Anthony Caparco, were one of four couples who waited outside Warwick City Hall starting 7:30 am. Ferri, who first testified in favor of marriage equality 15 years ago, is a Democratic state representative from Rhode Island who helped usher in legislation to legalize same-sex marriage. While Ferri has been an elected official for six years, he has advocated for marriage equality at the Statehouse for nearly two decades. The couple finally wed late Thursday, the first day the law went into effect, and also the couple’s anniversary. Although the two men wed seven years ago when they vacationed in Vancouver, Canada, Ferri said on MSNBC’s The Last Word that being allowed to marry in their home state would be more meaningful to the couple. “I know the train is out of the station and it’s going and it’s not stopping and it’s not coming back, said Ferri. “We have seen it here in New England. We know how people are opening their minds because so many couples like ourselves who are living their lives openly and honestly every day. I think that’s driving this and with the help of the president’s support and many legislatures, this is going to happen.” Rhode Island is the final state in New England to allow gay marriage after it was approved by lawmakers on May 2. The law was signed into law on the same day by Rhode Island Gov. Lincoln Chaffee, who became one of the earliest prominent national proponents of same-sex marriage when he was a Republican senator. Chaffee, who ran as an Independent in 2010 and changed his party affiliation to Democrat in late May, made marriage equality a priority in his campaign. The governor attended the couple’s wedding, which was officiated by House Speaker Gordon Fox, who is openly gay. “It’s been a lot of work. It’s been a long road,” said Caparco. “It’s just an exciting day for us and the Speaker is thrilled to be officiating at our ceremony.” Even though Rhode Island legally allowed domestic partnerships in 2002, a bill to legalize gay marriage was introduced every year since 1997. “It’s still settling in. It’s a funny feeling to know that I don’t have to get out of bed tomorrow and advocate another day for gay marriage,” said Ferri to the Boston Globe. “I’ve been talking to so many people over so many years about it and trying to educate people. You know, every chance I got I was advocating for it, even if it was just in subtle ways. So, now it’s happened, it’s strange. Pinch me! It’s a really, really strange feeling.”

08-06-2013, 10:05 AM	#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 22,907 Times in 5,017 Posts Rep Power: 0	Uruguay Marriage Equality Takes Effect in Uruguay August 5, 2013 by Eric Cameron, Digital Media Associate Marriage equality takes effect in Uruguay today. Following Argentina, Uruguay is the second country in Latin America to have passed nationwide same-sex marriage legislation. The legislation passed with strong majorities in the Uruguay House and Senate in April. President Jose Mujica signed the bill into law on May 3. Uruguay joins the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark and France in recognizing marriage equality nationwide. Marriage equality takes effect in New Zealand later this month and is expected to take force in England and Wales in 2014. Brazil is just steps away from fully recognized marriage equality following a recent ruling by their National Council of Justice. Same-sex marriage is also recognized in parts of Mexico and in thirteen U.S. states and the District of Columbia. Congratulations, Uruguay!

08-12-2013, 12:46 PM	#5
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 22,907 Times in 5,017 Posts Rep Power: 0	Social Security--non equality Social Security Announces You Must Live In A Marriage Equality State To Collect Benefits – For Now by Jean Ann Esselink on August 12, 2013 Saying they ”appreciate the public’s patience as we work through the legal issues to ensure that our policy is legally sound and clear,” the acting commissioner of the Social Security Administration, Carolyn Colvin, announced the agency has begun processing claims from same-sex couples and their children who reside in states that recognize same-sex marriages. The couples must be legally married. Couples in civil unions will not be eligible for benefits at this time. The announcement went on to say the agency continues to work with the Justice Department, and expects to develop additional “policy and processing instructions” which they will implement in the next “weeks and months.” The short press release ended by urging anyone who thinks they should be eligible for benefits to continue filing claims, to protect your eligibility in case new policies are adopted in the future. Story Writer’s Note: My gut feeling is that this decision should be viewed as more of a “what can we do right away?” response than a “this is all we’re going to do” announcement. The government moves slowly. My sense is they wanted to show they were working on the new policy, not that they expect to deny everyone else forever.

08-15-2013, 12:38 PM	#6
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 22,907 Times in 5,017 Posts Rep Power: 0	New Jersey New Jersey judge hears marriage equality arguments Emma Margolin 12:54 PM on 08/15/2013 Six couples in are in a New Jersey courtroom Thursday, challenging the state’s ban on same-sex marriage. New Jersey state Sen. Ray Lesniak was one of two dozen sponsors of a marriage equality bill, which passed the legislature, but was vetoed by the Gov. Chris Christie. Six gay couples and their children headed back to a New Jersey courtroom Thursday, hoping that June’s landmark marriage equality rulings would reinvigorate their fight for the state to recognize same-sex marriage. New Jersey is one of four states that allow civil unions, which entitle gay couples to spousal rights, but stops short of calling those unions “marriage.” The New Jersey state Supreme Court ruled in 2006 that same-sex couples could not be denied the same rights and benefits enjoyed by opposite-sex couples, so the state legislature passed a law allowing civil unions in response. In 2012, the New Jersey Assembly passed a bill that would have legalized same-sex marriage throughout the Garden State, but Republican Gov. Chris Christie swiftly vetoed it. The couples filed suit in 2011, claiming that New Jersey’s marriage laws violated the 2006 state Supreme Court ruling that set a standard of equality for same-sex couples. Now, they argue, New Jersey is even more in the wrong. Arguments on Thursday focused on the implications of a U.S. Supreme Court ruling that struck down a key provision of the Defense of Marriage Act (DOMA,) which defined marriage as the union between a man and a woman for federal purposes. The DOMA ruling cleared the way for same-sex couples who were legally married to receive the same federal benefits given to heterosexual spouses. At issue is whether same-sex couples in civil unions should also receive federal benefits based on the ruling. Marriage equality advocates argue that the DOMA decision does not apply to civil unions, meaning that those who receive state-level spousal benefits are not entitled to federal-level benefits. By that logic, New Jersey is now in violation of the 2006 state Supreme Court decision requiring that gay couples receive the same benefits as straight ones. The state would have to allow all couples to marry, regardless of sexual orientation, in order to comply with both U.S. and state Supreme Court decisions, they argue. Christie’s administration disagrees, claiming that the full impact of the DOMA ruling is not yet clear, reports the New York Times. A lawyer for the state said Thursday that it was the federal government’s fault, not the state’s, if couples in civil unions were denied certain federal benefits, reports the Associated Press. After hearing both arguments Thursday, the judge said she would not issue a ruling before September. Thirteen states and the District of Columbia currently allow same-sex couples to marry. New Jersey is one of two in the Northeast that does not.

08-01-2013, 04:18 PM	#1
Metro Senior Member How Do You Identify?: • Join Date: Jan 2012 Location: • Posts: 1,606 My Photo Gallery Thanks: 2,476 Thanked 2,911 Times in 730 Posts Rep Power: 21474851	Federal Judges Rule in Favor of Lesbian Widow by Carrie Maxwell, Windy City Times 2013-08-01 Judge C. Darnell Jones II of the United States District Court for the Eastern District of Pennsylvania ruled July 29 that Jennifer Tobits is entitled to death benefits administered by her deceased wife Sarah Ellyn Farley's profit-sharing plan. In his ruling, Jones ordered that Farley's employer, Philadelphia-based law firm Cozen O'Connor P.C., pay Tobits the $41,000 in death benefits. Jones' decision used the recent United States v Windsor Supreme Court ruling that struck down a portion of the Defense of Marriage Act to award the benefits to Tobits. "Following the [Supreme] Court's ruling, the term 'spouse' is no longer unconstitutionally restricted to members of the opposite sex, but now rightfully includes those same-sex spouses in otherwise valid marriages," said Jones in his ruling. Farley was a partner at the Cozen O'Connor P.C. law offices in Chicago. She died in 2010 at the age of 37 after a four year battle with a rare and aggressive form of cancer. "I am overjoyed that the court has said my marriage to Ellyn deserves the same respect as everyone else's," said Tobits in a release. "Nothing can ever replace Ellyn, but it's a great tribute to her that the courts have rejected these challenges to our marriage and recognized our commitment to each other and the life we built together." The case arose when Farley's parents, David and Joan, challenged the legality of their daughter's marriage to Tobits. Farley's parents argued that they should receive their daughter's death benefits because they were the surviving family members. They were represented by the Thomas More Society, an anti-gay legal organization based in Chicago. Cozen O'Connor P.C. argued that DOMA prevented them from awarding the death benefits to Tobits and filed an action in the federal district court to determine who should receive the death benefits, Tobits or Farley's parents. "We are pleased with the court's decision and intend to pay the money as soon as possible," said Lisa Haas, chief marketing officer of Cozen O'Connor P.C., told Windy City Times. National Center for Lesbian Rights (NCLR) Legal Director Shannon Minter, who is representing Tobits, said in a statement, "This decision is not only a victory for Jennifer and Ellyn, it is a victory for every married same-sex couple in the country. No longer can employers hide behind DOMA to deny equal benefits to some employees solely because their spouse is a person of the same sex." "This decision makes clear that federal pension law protects same-sex spouses just as it does opposite-sex spouses," said attorney Teresa Renaker, who also represents Tobits, in a statement. "Under the rationale of this decision, employees can be confident that their hard-earned retirement benefits will be there for their spouses. Protecting the retirement security of spouses is an important part of ensuring that employees get equal benefits from their retirement plans." Christopher Stoll, senior staff attorney for the NCLR, explained that due to this ruling employers will be required to treat same-sex spouses equally and he hopes that the decision will cause employers to take proactive steps to make sure that they are treating their employee's same-sex spouses fairly. "We're thrilled to have helped Jennifer achieve this result. Anyone facing a similar situation should feel free to contact our legal helpline at 1-800-528-6257," said Stoll. When reached for comment, representatives from the Thomas More Society did not respond to queries about the outcome of the case. http://www.windycitymediagroup.com/l...dow/43907.html

08-19-2013, 10:58 AM	#8
blackboot Member How Do You Identify?: TransgenderMasculineQueer Preferred Pronoun?: H with a y Relationship Status: fluxing the solder. Join Date: Nov 2009 Location: Australia Posts: 484 My Photo Gallery Thanks: 1,964 Thanked 835 Times in 184 Posts Rep Power: 7482394	Star Advertiser: Special session is expected A law that could assuage appeals courts is the goal, the governor tells Democrats By Derrick DePledge POSTED: 01:30 a.m. HST, Aug 19, 2013 Gov. Neil Abercrombie said Sunday it is "very likely" there will be a special legislative session on gay marriage. The governor, speaking to a Democratic Party of Hawaii gathering at Ward Warehouse, appealed for patience while his administration drafts a gay-marriage bill that can withstand a potential legal challenge from opponents. "We're not necessarily going to agree on every aspect of how to move forward where justice and freedom and opportunity are concerned," the governor said. "But I think we can put together something that can achieve a solid majority, that will give us the opportunity to establish marriage equity in the state of Hawaii commensurate with the recent Supreme Court decisions, and will satisfy and resolve the issues that are presently before the appeals court on the mainland." Asked by the Star-Advertiser afterward whether there will be a special session, Abercrombie said, "I think it's very likely." Despite the governor's confidence, however, he cautioned that he is more concerned about drafting a legally sound bill than the timing of when a bill is passed into state law. Blake Oshiro, the governor's deputy chief of staff, said he is working with the state attorney general's office on a draft and has been in discussions with state lawmakers. Oshiro said the administration wanted to avoid a repeat of the flawed civil unions law that was approved in 2011 and later had to be corrected. Abercrombie and state House and Senate leaders have been circumspect about a special session on gay marriage since the U.S. Supreme Court ruled in June that legally married gay couples are entitled to federal benefits. The rulings prompted gay rights activists, along with the state's congressional delegation and a growing number of the more liberal faith-based groups, to urge the state to act quickly. Hawaii allows both gay and heterosexual couples to enter into civil unions and receive the same rights and benefits as marriage under state law, but federal law does not recognize civil unions. Gay couples have challenged the state's marriage law in federal court as unconstitutional, and the case is on appeal. House and Senate leaders have said they do not have the two-thirds' support required under the state Constitution to call themselves back into special session, leaving the decision up to Abercrombie. The Senate has the votes for gay marriage, Senate leaders have said, but the vote count is much closer in the House. Abercrombie has been waiting for a clear expression from the House that there are sufficient votes for a gay-marriage bill. House sources have said privately that they believe they have a majority but want a cushion for a special session. "The House votes are really close right now," said House Majority Leader Scott Saiki (D, Downtown-Kakaako-McCully). "We are looking forward to meeting with the governor to discuss the language and mechanics of a bill." Democrats hold overwhelming majorities in the House and Senate, and Abercrombie holds Washington Place, so activists in the party expect the Legislature and the governor to enact gay marriage either in special session or soon after the next session of the Legislature opens in January. "Marriage is such a huge, volatile, emotional issue that it should be handled separately so that when we go into the regular session, we can focus on the more regular business," said Jo-Ann Adams, an attorney and gay rights activist. "This needs to be done. It creates a nice space between getting it done in a focused way and giving them time to then reorient and refocus on the rest of the government business. It gives some space for it to die down so people don't worry about any election repercussions, although we don't expect any."