Supreme Court to Hear Gay Marriage Cases

Prop 8 plaintiffs Kris Perry & Sandy Stier.

Photo from the American Foundation for Equal Rights

 

After weeks of silence on the matter the U.S. Supreme Court has finally announced that it will take up two cases concerning same-sex marriage: Windsor v. United States and Hollingsworth v. Perry. Both cases are very significant, as Windsor is a challenge to the federal Defense of Marriage Act which limits federal marriage benefits to heterosexual married couples, while Perry--a challenge to the California state constitution's ban on same-sex marriage--may have nationwide implications for same-sex marriage. Arguments will begin in March of 2013 while a decision is expected in late June.

2012 Election: LGBT Victories

Photo courtesy of Getty Images

 

With several critical victories last night, the 2012 election has been a historic one for the LGBT community. In Maine, Maryland and Washington, voters took to the polls and approved the legalization of same-sex marriage--making this the first time that same-sex marriage has ever been approved by a popular vote. In Minnesota, an amendment to the MN constitution which would have defined marriage as being between a man and a woman was rejected--making Minnesota the first state in which such an amendment was defeated. In Wisconsin, Tammy Baldwin defeated former Governor Tommy Thompson in the state's senate race, making Baldwin the first openly gay senator in U.S. history. Finally, according to the Victory Fund, at least 118 gay and lesbian candidates managed to win state and local races last night, making this election cycle a decisive victory for the LGBT community and its supporters.

The Supreme Court Review Conference

On Saturday October 27, Professor Jennifer Levi will speak at the law school about federal marriage discrimination. Her presentation is part of the 17th Annual Supreme Court Review Conference which will be held from 10 a.m. to 12:30 p.m. in the Moot Court Room. The topics to be discussed during the Conference include federal marriage discrimination, the Affordable Care Act, GPS tracking, affirmative action, and Arizona's "show your papers" immigration law. The faculty presenters will be Professors Harpaz, Leavens, Levi, Miller, and Wolf. Professor Levi will be the first speaker and will begin the Conference by talking about the federal marriage discrimination cases that the Supreme Court may consider during the current Term.

Maryland Legalizes Same-Sex Marriage

Image courtesy of LezGetReal

In yet another victory for marriage equality, Maryland is now the 8th state to have made same-sex marriage legal. The same-sex marriage bill was approved by the Maryland Senate on Thursday evening, and has now been signed by MD Gov. Martin O'Malley. It should also be noted that former Vice President Dick Cheney was among a handful of influential Republicans who lobbied Maryland legislators in favor of the bill. In 2009, Cheney, whose daughter is openly lesbian, told the National Press Club, "I think people ought to be free to enter into any kind of union they wish."

DOMA Ruled Unconstitutional by Federal Judge

Image courtesy of Daily Kos

A second federal judge ruled Wednesday that the Defense of Marriage Act ("DOMA"), a law which denies hundreds of federal marital benefits to same-sex married couples, is unconstitutional. According to U.S. District Judge Jeffrey White, the law "treats gay men and lesbians differently on the basis of their sexual orientation" and the "imposition of subjective moral beliefs of a majority on a minority cannot provide a justification" for it. Although defenders of the law, appointed by House Republican leaders, claimed that DOMA was justified by "tradition", Judge White noted that the same reasoning was used to defend bans on interracial marriages decades ago. Furthermore, he wrote, excluding same-sex couples from the federal definition of marriage "does nothing to encourage or strengthen opposite-sex marriage." The Republican-dominated House of Representatives announced today that they will appeal the decision.

Gov. Christie Vetoes Same-Sex Marriage Bill

NJ Gov. Chris Christie, courtesy of NYTimes.com

While marriage equality supporters have had recent victories in California and Washington, recent news from New Jersey is not as optimistic. On Monday the New Jersey state senate approved a bill which would legalize same-sex marriage in the state, and on Thursday this bill was approved by the state assembly. Today, however, Gov. Chris Christie vetoed the bill as promised, saying that "an issue of this magnitude and importance, which requires a constitutional amendment, should be left to the people of New Jersey to decide." New Jersey lawmakers have until January 2014 to override the veto.

Washington Legalizes Same-Sex Marriage

WA Gov. Christine Gregoire, photo courtesy of Reuters

On Feb. 1st, 2012, the Washington State Senate voted 28-21 in favor of a bill that would legalize same-sex marriage in their state. On Feb. 8th, the bill made its way to the House and was approved 55-43. And today, Washington Gov. Christine Gregoire signed the bill into law, officially making Washington the seventh state which supports marriage equality. The law officially takes effect on June 7th.

Ninth Circuit Court of Appeals: Proposition 8 Unconstitutional

Same-sex couple kisses as they celebrate the ruling. Photo from SFGate.com.

In a historic ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco ruled that Proposition 8, a voter-approved statewide ban on same-sex marriage, is unconstitutional. As stated in the majority opinion by Judge Stephen Reinhardt, "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples." The full text of the court decision may be read here, courtesy of Lambda Legal.

Strong Support for Washington's Gay Marriage Bill

Photo courtesy of Queerty.

Following Washington Gov. Chris Gregoire's statement in support of same-sex marriage, a bill to legalize it has now been introduced in the Washington state Senate with 23 sponsors, two of whom are Republicans. Currently, six Democrats have not signed onto the bill, but only two more votes are necessary to have a majority and pass the bill in the Senate. If successful the bill will move to the House, where the Democrats have an even larger majority, before heading to Gov. Gregoire's desk.

Washington Governor Proposes Same-Sex Marriage Legislation

Washington Gov. Christine Gregoire has just proposed legislation to legalize same-sex marriage in her state. Concerning the legalization of same-sex marriage, Gregoire said, "It's time, it's the right thing to do, and I will introduce a bill to do it." While Democrats control both the state Senate and House, it should be noted that some conservative Democrats in Washington have voted with Republicans in the past to oppose LGBT rights.

California Supreme Court: Prop 8 Backers Can Challenge Court Ruling

On Thursday the California Supreme Court ruled that ProtectMarriage.com, the official proponent of Proposition 8, has legal standing to challenge the 2010 decision by District Judge Vaughn Walker which overturned the ban on same-sex marriage. Now that the issue of standing has been settled, the Ninth Circuit Court of Appeals will be able to decide the case on its merits and determine whether or not Prop 8 is unconstitutional. Brian Brown of the National Organization for Marriage, a key Prop 8 contributor, stated that while he fully expects the Ninth Circuit to invalidate Prop 8 and find "some phony right to same-sex marriage in the U.S. Constitution", he nevertheless expects victory "once this case gets out of San Francisco" and reaches the U.S. Supreme Court.

Beth Robinson Nominated to Vermont's Highest Court

Beth Robinson

Gov. Peter Shumlin announced that he has nominated Beth Robinson to the state Supreme Court of Vermont. Robinson, an out lesbian, has an extensive pro-equality background. Robinson was part of the legal team that represented three same-sex couples who were being denied the rights and benefits of marriage in the 1999 case of Baker v. Vermont. The Vermont Supreme Court ruled unanimously that denying same-sex couples the same benefits bestowed upon heterosexual couples was a violation of the state's constitution and ordered the legislature produce a remedy, leading to the legalization of same-sex civil unions in 2000. Robinson also, as the head of Vermont Freedom to Marry, played a pivotal role in passing legislation which legalized same-sex marriage in Vermont in 2009. And although some LGBT rights opponents such as Craig Benson--who cites as a concern the idea that small businesses will be sued by people who are "feeling transgendered that day" and may wish to use their bathrooms--have openly criticized the nomination, Robinson has found support from many other sources including the executive director of the Vermont Bar Association.

Special thanks to Sam Charron, Career Services Assistant Director and Public Interest Coordinator, for finding the article.

Archbishop Timothy Dolan: Gay Marriage Could Cause "National Conflict"

Archbishop Timothy M. Dolan of New York has sent a letter to President Obama warning him that same-sex marriage, and particularly his administration's decision to end its legal defense of the Defense of Marriage Act, could "precipitate a national conflict between church and state of enormous proportions." Archbishop Dolan wrote that he and other Bishops have a "growing sense of urgency about recent actions taken" by the Obama Administration that "both escalate the threat to marriage and imperil the religious freedom of those who promote and defend marriage." He then goes on to criticize those who frame same-sex marriage in the context of a civil rights struggle, saying that it is "especially wrong and unfair to equate opposition to redefining marriage with either intentional or willfully ignorant racial discrimination." This is is not the first time that Archbishop Dolan has made controversial statements regarding gay rights. In an April 2009 interview with The New York Post, Dolan defended his opposition to gay marriage by saying "hard-wired into us is a dictionary, and the dictionary defines marriage as between one man, one woman for life, please God, leading to the procreation of human life." In a March 2011 interview on 60 Minutes he said that gay marriage is akin to marrying one's biological mother. In June 2011, Dolan compared the legalization of gay marriage in New York to living in a totalitarian state such as North Korea.

John Eastman Replaces Maggie Gallagher as NOM Board Chair

Maggie Gallagher has officially stepped down as the board chair of the anti-gay National Organization for Marriage (NOM). She has officially been replaced by John C. Eastman whose credentials are listed in NOM's official press release on the matter:

"Dr. John Eastman is the former Dean of Chapman University Law School in California and is the Founding Director of the Center for Constitutional Jurisprudence, a public interest law firm associated with the Claremont Institute. He has participated in over 50 cases in our nation’s highest courts, including such landmark cases as the Pledge of Allegiance case, the Boy Scouts of America case, the Ohio school vouchers case, the Kelo case involving property takings, and the Partial Birth Abortion Ban Act case. Dr. Eastman is a former clerk to United States Supreme Court Justice Clarence Thomas. He received his J.D. from the University of Chicago and a Ph.D. in government and political philosophy from Claremont Graduate School.

…John Eastman stated, 'Marriage has quite correctly been described as a bedrock of civilization. Protecting the institution of marriage is a critically important issue, and I’m honored to join such distinguished company on the Board of such a phenomenally effective organization as the National Organization for Marriage.'"

As an article for Advocate.com states, Eastman is hardly a better choice than Gallagher, who will ultimately remain on the board but devote her time to writing an anti-gay book entitled Debating Same-Sex Marriage.

The End of "Don't Ask, Don't Tell"

Yesterday the repeal of "Don't Ask, Don't Tell", a policy which barred openly gay and lesbian Americans from serving in the armed forces, officially took effect. While this move does not affect transgender Americans, who are still not allowed to serve, and will not reinstate soldiers discharged while it was in place, this is still an historic time for America. Now gay, lesbian and bisexual soldiers who defend our nation will no longer be required to hide their true feelings and identities for fear of losing their jobs. One soldier took the opportunity to call his father and reveal that he is a gay man--his father assured him that he loves him unconditionally and that this would not affect their relationship in any way. OutServe Magazine published names and photos of 101 courageous soldiers who were previously forced to live their lives in the closet. Navy Lt. Gary Ross finally married his partner of eleven years in Vermont. The Marine Corps spent time deleting multiple references to "homosexual conduct" from their regulations handbook. While the controversy surrounding DADT is far from over, this is a major step in the right direction.

Britain: Gay Marriage by 2015?

In some good news from our friends across the pond, legislators in Britain are pushing to legalize same-sex marriage. This effort, led by Liberal Democrat Lynne Featherstone and supported by Prime Minister David Cameron, may result in same-sex couples being able to legally wed by the year 2015. According to a 2005 Gallup Poll, 61% of Britons said they felt that "homosexual behavior" is morally acceptable, while a 2009 poll conducted by The Times revealed that 61% of Britons favored equal rights for gays and lesbians, including the right to marry.

NOM Targets Orthodox Jews in NY Special Election

Following the passage of same-sex marriage in New York, the National Organization for Marriage (NOM) vowed to make examples of the politicians who supported the bill. On September 13th there will be a special election to fill the seat left by former Congressman Anthony Weiner, and the race is between NOM-backed Bob Turner and marriage equality supporter David Weprin. So far, NOM pledged to spend up to $75,000 in an effort to defeat Weprin and has begun targeting members of the Orthodox Jewish community with ads and postcards such as the one above. Weprin, of course, is merely the first of several politicians NOM is targeting in the Empire State.

More of NOM's mailers can be viewed here.

Rep. James Forrester Calls Gays "Unhealthy"

Rep. James Forrester (R-NC), the primary sponsor of an amendment to the North Carolina constitution which would prohibit same-sex marriage, civil unions and domestic partnerships, recently gave an anti-gay speech at a town hall meeting in which he claimed that gays are "unhealthy" and have shorter lifespans than heterosexuals:

"At least 20 years is taken off a homosexual's life, if they practice homosexuality, due to the increased death rate from AIDS, and hepatitis, and all of the other related factors to that. That doesn't seem to discourage them from practicing this unhealthy lifestyle. I'm trying to talk with them. And I've got a few homosexual patients, and I treat them just the same as anybody else. I love them. Perhaps even more, because I know they're going to die at least 20 years earlier. We need to reach out to them and try to get them to change their lifestyle back to the normal lifestyle which we can accept. It's a new day in Raleigh. This could really make a mark on society as we know it."

However, in spite of the audience giving Forrester a standing ovation and his assurances that his marriage amendment will pass, 57% of North Carolinians support same-sex marriage or civil unions according to a recent Elon University Poll.

MD Senate approves same-sex marriage bill

NPR reports the the Maryland Senate approved a bill granting same-sex couples the right to marry. The whole article is available here.

The Advocate reports 56% of NY voters want marriage equality

Check out The Advocate's article here, as reported by Michelle Garcia.