Same-Sex Marriage Update

[MsTinkerbelly]

Maryland Senate passes bill legalizing freedom to marry for same-sex couples
By Adam Bink

Fantastic news in Maryland just now:

After about an hour of discussions from opposing views, Maryland’s State Senate voted 25-21 in favor of Senate Bill 116, The Civil Marriage Protection Act on Thursday, Feb. 24.

A House version of the bill is expected to be introduced in House committee tomorrow.

If signed into law, the bill would grant same-sex couples legal marriage rights in the state of Maryland, while also protecting the rights of religious institutions to handle issues of marriage however they see fit.

The marriage bill was written by Sen. Rich Madaleno (D-Montgomery), the only out gay member of Maryland’s Senate, and Sen. Jamie Raskin (D-Montgomery).

Maryland State Senate President Thomas V. Mike Miller, Jr. allowed Senators to talk before declaring a vote at 6 p.m., with debates from each side limited to 30 minutes after the vote.

Onward to the Assembly

[MsTinkerbelly]

Two new Prop 8 developments, and Courage Campaign’s amicus curiae letter to the California Supreme Court
By Adam Bink

This afternoon, as noted in the comments on the previous thread, two moves in the Perry case.

The first is that Attorney General Kamala Harris on behalf of the state of California filed a motion with the 9th Circuit encouraging the Court, as the AFER team did, to lift the stay:

“For 846 days, Proposition 8 has denied equality under the law to gay and lesbian couples,” Attorney General Harris said. “Each and every one of those days, same-sex couples have been denied their right to convene loved ones and friends to celebrate marriages sanctioned and protected by California law. Each one of those days, loved ones have been lost, moments have been missed, and justice has been denied.”

A copy of her filing can be found here. There is no word from the 9th Circuit yet.

The second is that the California Supreme Court denied the motion to shorten time as submitted by the Olson/Boies/AFER legal time:

“The application of respondents Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo to shorten the briefing schedule and application to set oral argument for May 23, 2011 is denied.”

Disappointing and frankly outrageous, to say the least. The Court will drag its feet on this for at least 6 months while couples wait and some, especially those who are older and becoming ill (not to mention their families) will literally suffer waiting for the Court to take its time.

The more I think about it, the more I realize that the Court really doesn’t see us out here. They have their schedules and their timing. It makes me feel like other eras in our nation’s history- civil rights and AIDS and earning the right of women to vote- when we have to roll up our sleeves and PUSH to get them to notice people suffering. In this case, it’s the same-sex couples and their families- straight and LGBT- out here, literally dying while waiting for the Court to take 6 freaking months just to hear oral arguments.

[Jess]

Thanks for the update Ms. Tinkerbelly.

I share your sentiments entirely. It has been long enough already!

[MsTinkerbelly]

Boehner launches effort to defend gay marriage ban

Associated Press – 2 mins ago
WASHINGTON – House Speaker John Boehner says he's launching a legal defense of the federal law against gay marriage. The Ohio Republican announced Friday that he was convening a bipartisan legal advisory group to defend the Defense of Marriage Act, which defines marriage as a union between a man and a woman. President Barack Obama has refused to defend the law signed by President Bill Clinton in 1996.

The leaders can instruct the House's non-partisan general counsel to take legal action on behalf of the chamber.

Attorney General Eric Holder has said that the Justice Department would continue to enforce the law but no longer would defend its constitutionality.

The Supreme Court has not ruled on the matter, but last year a federal judge in Massachusetts ruled the law unconstitutional.

**Note from me-Asshat!!!!!!

[MsTinkerbelly]

Tomorrow’s NYTimes editorializes for lifting the stay on Judge Walker’s Prop 8 ruling
By Adam Bink

Brilliant editorial. It dovetails exactly with what we’ve been arguing here:

Seven months have passed since Proposition 8, California’s voter-approved ban on same-sex marriages, was ruled unconstitutional by a federal judge in San Francisco following a much-publicized trial that turned up no evidence to justify the measure’s denial of equal protection and due process.

Yet the 2008 initiative continues to inflict serious harm on same-sex couples and their families thanks to a court order that prevents gay men and lesbians from marrying in California while the case is being appealed. That stay should be lifted now.

The appeal was argued in December before a three-judge panel of the United States Court of Appeals for the Ninth Circuit. It could be many more months before the panel rules. In February, it asked the California Supreme Court to resolve a procedural question regarding the standing of the initiative’s sponsor to bring the appeal. The state’s top court has said it will not even hold a hearing on the issue until September, at the earliest.

In legal papers filed last week, lawyers challenging Proposition 8 took note of the “serious, lasting, and irreparable damage to gay men and lesbians who wish to marry” caused by this extended timetable and called on the federal court to lift its injunction.

The stay should never have been granted in the first place. Applying traditional legal criteria, the extraordinary relief of a stay is only warranted when the applicant makes a strong showing of likely success on the merits and of irreparable injury in the absence of a stay — two arguments that cannot be satisfied here.

As the trial judge’s ruling affirmed, the denial of marriage equality furthers no legitimate governmental aim. And defenders of Proposition 8 can point to no real injury they would suffer if gay men and lesbians are permitted to wed.

Every day same-sex couples are denied their right to marry is another day of injustice for them and their families. Couples who wish to wed knowing that the appellate court could decide to uphold Proposition 8’s ban should be allowed to take that chance.

Personally, I am just shaking my head. I’m not sure I could have written a better editorial myself. Our arguments are resonating. Our stories of discrimination- like Courage Campaign members Shane and John‘s on ABC News, and Ed and Derence‘s in The Washington Post, The Advocate, and many other places- are resonating in the media. And tomorrow, a huge section of this nation will read it.

If you haven’t given to our fundraiser to keep P8TT going and keep building our work to result in outcomes like these, we’re about $4,000 short. That’s 80 people giving $50. We’re making progress. Please contribute. And ask a few friends to. Even better, become a monthly donor. We’re making a difference

[Jess]

we're still waiting...

[MsTinkerbelly]

Happy anniversary from DC
By Adam Bink

I picked up today’s copy of The Washington Post, to find a very fun article on the front of the local section:

Same-sex couples lead to marriage licenses doubling

An unusual thing happened on the way to the altar in the District over the past 12 months.

At least as many same-sex couples as heterosexual couples – and possibly more – appear to have applied for marriage licenses since gay marriage was legalized in the city last March.

The total number of applications more than doubled since the first same-sex couples lined up to get their licenses, from about 3,100 in the previous year to 6,600 during the past 12 months, said Leah H. Gurowitz, spokeswoman for D.C. Superior Court, which issues the licenses.

Although the court does not differentiate between same-sex and heterosexual couples in its record-keeping, in previous years the number of applications varied by only 100 or less. So virtually all the increase is due to same-sex couples, Gurowitz said.

Not everyone who got a marriage license lived in the District. Many couples came from Maryland, Virginia, West Virginia, Delaware and other states farther afield.

The court doesn’t keep track of how many couples actually wed. The licenses have no expiration date, and the only requirement is that the marriage be performed within District boundaries.

Wednesday is the first anniversary of the city’s first same-sex weddings.

And the fire and brimstone is raining down from the sky!

The article goes on to include some stories of couples and how their lives have (and haven’t) changed. The last paragraphs I found really telling. Here’s Rocky Galloway, who married his partner:

He said they have faced no discrimination or criticism for getting married. “It’s been interesting meeting people, like when we’re with the kids, and they assume that you are in a heterosexual relationship and you correct them and say ‘My partner is male.’ They get right through it,” he said. “That is to the credit of the advocacy groups and the people of D.C. and the fact that we are very transient and many, many cultures come to live in this area. We’re more open and embracing than some.”

He acknowledged that there are still detractors, those who believe that marriage should be between a man and a woman and gay unions should have another name.

“I understand what they are saying, but by giving it a different name, they would be making it different and there should be no difference,” he said. “When you call it something different, that makes it different. States and municipalities that have domestic partnership laws define those relationships as something different. With marriage, people understand the level of commitment involved. That’s what I love about the term ‘marriage equality’ – it is giving others the same rights.”

[Soon]

Brendon Ayanbadejo, Ravens Linebacker, Speaks In Favor Of Gay Marriage (VIDEO)

[iamkeri1]

Brendan is an incredibly well spoken young man. Thank you to all who work to change attitudes against us.

Fortunately, as displayed in this clip, sometimes the opposition works against itself.
Smooches,
Couldn't get this to embed, so here's the link. American Family Assoc lawyers calls DOMA unconstitutional!
http://bit.ly/dDZJSq

[Starbuck]

Hi everyone, follow this link to Take The Pledge: http://www.freedomtomarry.org/page/s/pledge
The Pledge:

I add my voice to those supporting the freedom to marry.

I pledge to work to enable same-sex couples and their families to share equally in the responsibilities, protections, and commitment of marriage.

[MsTinkerbelly]

BREAKING: 9th Circuit denies motion to lift stay on Judge Walker’s Prop 8 ruling
By Adam Bink

Just came in: the 9th Circuit refused to accept the Plaintiffs’ motion to vacate the stay pending appeal.

United States Court of Appeals for the Ninth Circuit

Notice of Docket Activity

The following transaction was entered on 03/23/2011 at 10:58:31 AM PDT and filed on 03/23/2011

Case Name: Kristin Perry, et al v. Edmund G. Brown, Jr., et al
Case Number: 10-16696
Document(s): Document(s)

Docket Text:
Filed order (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.



The 9th Circuit decided that six months, likely more, to force couples to wait while the California Supreme Court drags its feet over summer recess, is acceptable. Including couples like Ed and Derence:


Even though there has been no harm caused to the state since 18,000+ couples married in 2008. Despite the benefit to businesses small and large. Despite the need for same-sex couples to be as equal as anyone else. Appalling

[Toughy]

This is my guess about how this is gonna work.

As soon as the military gets the repeal of DADT implemented and gays and lesbians can serve openly, the CA Court will hand down it's ruling supporting same sex civil marriage.

Congress will then try to end DOMA.

ain't a dang thing gonna happen until the military actually changes.........

[Jess]

My thinking has been along the lines of Toughy's statement. We have to be valued as equal "persons" ( which repeal of DADT will do), before we as persons can be "allowed" to marry. Damned shame someone can be a first class officer and still be a second class citizen. ( That goes for any type of discrimination.)

[MsTinkerbelly]

Colorado Senate passes legislation legalizing civil unions
By Adam Bink

Great news out of the Rocky Mountain State today:

The legislation moves to the House, where I’m told by sources in the state that it will be a tougher fight. Next week, Courage Campaign will be asking its members to contact their legislators.

If you’re in a committed, same-sex relationship in Colorado, or know a couple who is, please drop me a line at adam@couragecampaign.org. We’d like to work with you!

[MsTinkerbelly]

The mantle of family values belongs to those seeking to end DOMA
By Adam Bink

The New York Times ed board does this issue justice:

President Obama came to the right conclusion last month when he decided that the Defense of Marriage Act, which denies federal spousal benefits to married same-sex couples, is unconstitutional, and ended the government’s defense of the law in pending court cases. But that did not relieve Congress of its duty to renounce the bigotry behind the 1996 law and wipe it off the books.

More than 100 House Democrats, led by Jerrold Nadler of New York, John Conyers of Michigan and Barney Frank of Massachusetts, have introduced a bill calling for a repeal of the act. An identical repeal bill was offered in the Senate by Kirsten Gillibrand of New York, Dianne Feinstein of California and Patrick Leahy of Vermont, all Democrats.

Getting the repeal bills through both chambers will not be easy. Republican leaders are continuing to pander and promote intolerance, declaring that they will step in for the administration to defend the act’s denial of equal protection in court either by formally intervening or filing an amicus brief using outside lawyers paid for by taxpayers. Mr. Leahy, who is chairman of the Senate Judiciary Committee, should schedule a hearing to call in couples to talk about the harm caused by the act to make clear that their marriages are deserving of full respect.

Republicans like to cast themselves as the protectors of “family values.” But that mantle properly belongs to President Obama and the Congressional Democrats committed to ending this atrocious law

[MsTinkerbelly]

BREAKING: U.S. Immigration Puts Hold On All Binational Partner Deportations

Last week a New York immigration judge temporarily suspended the deportation of an Argentine lesbian while she and her wife contest her green card denial due to DOMA. Today U.S. Citizenship and Immigration Services revealed that ALL such deportations are now on hold. Chris Geidner gets the big scoop at Metro Weekly:
Following up on reports from this weekend, Metro Weekly just received confirmation from Christopher Bentley, the spokesman for the U.S. Citizenship and Immigration Services, that cases of foreign partners who are married to a same-sex partner and would otherwise be eligible for a green card are on hold in light of questions about the continued validity of the Defense of Marriage Act. Bentley writes, "USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct legal issues." He notes, however, "USCIS has not implemented any change in policy and intends to follow the President's directive to continue enforcing the law." The legal distinction means that although DOMA is still being enforced, the USCIS is using its discretion to hold off on denying green card applications where applicable.
An amazing development, largely thanks to the work of Immigration Equality and attorney Lavi Soloway, who was interviewed in today's episode of This Week In Prop 8.

[Jess]

Another reason it has to be marriage and it has to be at a Federal level...


Married Gay Couples ‘Refuse to Lie’ on Tax Forms
By TARA SIEGEL BERNARD

April 04, 2011

Courtesy of Equality Florida
The “Refuse to Lie” campaign was created gay activists who believe that the federal government should acknowledge same-sex marriage.

Some same-sex married couples are refusing to file their federal tax returns separately this tax season, as part of a movement demonstrating that they’re no longer content to quietly comply with the federal law that does not recognize same-sex marriage. And in some cases, these taxpayers will pay Uncle Sam more when they do so.

Same-sex couples who have married, or who have a legal status equivalent to marriage in certain states, must still file separate federal returns because the government — and therefore the Internal Revenue Service — defines marriage as a legal union between a man and a woman.

Using that definition, federal tax returns ask taxpayers to check one of five options under their filing status: single, married filing jointly, married filing separately, head of household or qualifying widow(er) with dependent child. Married same-sex partners typically file their own federal returns either as single or, if they qualify, as head of household, which has more favorable rates than the single filing status.

But many same-sex couples contend that filing as single amounts to lying about their marriage status, and that’s the message behind the “Refuse to Lie” campaign created by gay activists, which is timed to coincide with tax season.

“More people are refusing to lie on those forms, even though the government is telling them to,” said Nadine Smith, executive director of the gay, lesbian, bisexual and transgender advocacy group Equality Florida, who plans on filing a joint return with her wife, Andrea. “It would be both dishonest and deeply humiliating to now disavow each other or our marriage and declare ourselves single on our tax form.”

Nina E. Olson, the national taxpayer advocate who acts as an ombudsman for the I.R.S., acknowledged the uncertainty surrounding federal taxation of same-gender spouses in an annual report to Congress. In the report, she said that taxpayers may take a filing position without penalty if there is “substantial authority” to do so, such as a court case that hasn’t been overruled by the United States Court of Appeals. And there happen to be two such cases, which are currently on appeal.

In July 2010, the Federal District Court in Massachusetts declared the Defense of Marriage Act — the federal law known as DOMA that defines marriage as between a man and a woman — as unconstitutional in two cases. They are now being appealed in the First Circuit. “Thus, there may be substantial authority for same-gender spouses to take certain tax positions as married as long as the Massachusetts district court’s opinions stands,” Ms. Olson said in the report.

The “Refuse to Lie” Web site warns same-sex couples of the risks of filing jointly, and explains different options to both adhere to the law while expressing that they disagree with it. One way to do that would be to put an asterisk by the “single” box, and then indicate at the bottom of the tax form that you are “only single under DOMA.” Another option, the site says, is to attach a note with a similar message.

The campaign also explains on its Web site how to file a joint return while avoiding penalties. In the first method, each partner would file their own single return and include an attachment stating that they’re married, and then file an amended return jointly. “Once the I.R.S. rejects the amended return, or if six months passes and they do nothing, the taxpayers who file an amended return have the right to file suit in Federal District Court claiming the refund,” the activists’ site said, adding that this option would avoid penalties because your original return would be filed according to the law.

Another method suggests filing two returns: one filed jointly (and showing the tax due on the joint return) and one filed as a single taxpayer (showing the tax due on that return). Pay whatever is due on the single return — which means you will not have underpaid — and then ask the I.R.S. which return to accept. But if the I.R.S. accepts the joint return and issues you a refund, “there is no way to know what will happen if you are later audited,” the site said.

“People who follow this example need to do so with a clear head about the decision they are making and that what could happen is unclear,” Ms. Smith, of Equality Florida, said. “It’s not without risk.”

But there’s another way to preserve your right to collect any refunds due to you if the law is eventually struck down. Patricia Cain, a professor at Santa Clara Law and an expert on sexuality and federal tax law, said that couples who would benefit from a joint filing — that is, couples who would pay less in taxes or receive refunds — can file a protective claim using I.R.S. Form 843. (File separate returns in accordance with the law, then attach the form to an amended joint return).

“If you state on Form 843 that your claim is based on the unconstitutionality of DOMA, which is an issue pending in current litigation, it is more likely that the I.R.S. will do nothing until the issue is finally determined,” she added. “And if DOMA is struck down as unconstitutional, you should be entitled to the refund on the amended return.”

Although she generally recommends that same-sex married couples file their own returns in accordance with the law, she said that couples living in Massachusetts might be able to better justify filing their returns jointly because of the two court cases there.

“The question is whether that is sufficient as substantial authority to avoid being assessed penalties if you were audited by the I.R.S. and found to have filed incorrectly,” Professor Cain said.

She also said that she knew some same-sex couples in several different states who had filed joint returns and received refunds. “It’s because the returns are handled by machines,” she said, adding that the 1040 forms don’t have any gender markers on them. “That doesn’t mean they won’t be audited sometime. But honestly, I think the I.R.S. has bigger fish to fry than figuring out where same-sex couples filed jointly.”

Taxpayers who don’t pay the proper amount of tax will be levied a 20 percent penalty on top of the amount of tax owed. An I.R.S. spokeswoman said the agency followed the federal Marriage Act and declined further comment.

But for Kate Kendell it’s about more than the money. Ms. Kendell, executive director of the National Center for Lesbian Rights, said she and her wife, Sandy, who have been together for 18 years and have two children, are going to file as married this year (they married in California during the brief window in 2008 when same-sex marriage was permitted there).

“As a lawyer and a legal advocate for the L.G.B.T. community, I am often in a position to advise people to exercise great caution and to comply in most cases with the letter of the law, even when that means denying who we are,” she said. “This is my small way of saying, where we can, we are not going to play the game anymore.”

In their case, the move is going to cost the couple more than $5,000.

If you’re part of a same-sex couple and would like to file jointly, how far would you go to show that you disagree with the current law? And what does everyone else think about this effort?


Taken from: http://bucks.blogs.nytimes.com/2011/...-on-tax-forms/

[MsTinkerbelly]

Judge Walker publicly comes out; never considered recusing himself
By Adam Bink

Very interesting and courageous comments from Judge Walker, who, for the first time, acknowledged that he is gay:

The U.S. judge who struck down California’s gay marriage ban never considered his own homosexuality as a reason to recuse himself from the case, he said on Wednesday.

Former U.S. District Judge Vaughn Walker, who retired from the bench at the end of February, said it would not be appropriate for any judge’s sexual orientation, ethnicity, national origin or gender to stop them from presiding over a case.

“That’s a very slippery slope,” Walker said.

The talk to a handful of reporters was Walker’s first public comments to reporters about presiding over the lawsuit challenging to Proposition 8, which banned gay marriage in California. Walker struck down the ban as unconstitutional, and the case is currently on appeal.

It was also the first time Walker publicly acknowledged his own sexual orientation. Walker said he has been in a relationship with the man for 10 years. “He is a physician,” Walker said.

I agree on recusal. We can’t be assigning case after case to others because of different characteristics, but more to the point, judges must be nominated who can set their own personal characteristics aside and judge independently.

[Jess]

Not sure if this is political, unless of course you consider that everything having to do with same sex couples and marriage is political...


Country Star Chely Wright Announces Engagement to LGBT Advocate Lauren Blitzer



Out country singer Chely Wright has announced her engagement to LGBT advocate Lauren Blitzer, and the happy couple are set to be married this August in Connecticut. GLAAD congratulates the couple and wishes them the best!



Chely Wright at the 2nd Annual GLAAD Media Awards in Advertising
Wright, who is nominated this year for a GLAAD Media Award for her album Lifted Off The Ground, met Blitzer through their youth advocacy work and told People that “the freedom of being out and open about who I am allowed me to find and fall in love with Lauren, the most amazing woman I’ve ever known.”
Wright came out last May, the first major country music artist to do so, after feeling compelled to hide her orientation to avoid losing her fanbase. Wright told People last year that “nothing in my life has been more magical than the moment I decided to come out.”
Wright performed at the 21st Annual GLAAD Media Awards in San Francisco in 2010, take a look at this video of her amazing performance at last year’s awards show:
http://www.youtube.com/watch?feature...RviFJ7Pw#at=67

[MsTinkerbelly]

Originally Posted by Jess

Not sure if this is political, unless of course you consider that everything having to do with same sex couples and marriage is political...


Country Star Chely Wright Announces Engagement to LGBT Advocate Lauren Blitzer



Out country singer Chely Wright has announced her engagement to LGBT advocate Lauren Blitzer, and the happy couple are set to be married this August in Connecticut. GLAAD congratulates the couple and wishes them the best!



Chely Wright at the 2nd Annual GLAAD Media Awards in Advertising
Wright, who is nominated this year for a GLAAD Media Award for her album Lifted Off The Ground, met Blitzer through their youth advocacy work and told People that “the freedom of being out and open about who I am allowed me to find and fall in love with Lauren, the most amazing woman I’ve ever known.”
Wright came out last May, the first major country music artist to do so, after feeling compelled to hide her orientation to avoid losing her fanbase. Wright told People last year that “nothing in my life has been more magical than the moment I decided to come out.”
Wright performed at the 21st Annual GLAAD Media Awards in San Francisco in 2010, take a look at this video of her amazing performance at last year’s awards show:
http://www.youtube.com/watch?feature...RviFJ7Pw#at=67

Happy news is always a good thing!!