US: Mass. can’t “force” federal gay marriage
(Washington) States that allow gay marriage can’t force the federal government to provide benefits to those couples, the Obama administration argued Friday in court papers in a lawsuit by Massachusetts.
The Justice Department is at odds with Massachusetts - the first state to allow gay marriage - over a 1996 federal …
Tags: Couples, Federal Government, Justice Department, marriage, Massachusetts, Obama, Odds, States That Allow Gay Marriage, Washington StatesVanasco: LGBT champion announces run for Kennedy seat
Massachusetts attorney general Martha Coakley, who filed the lawsuit against the federal government claiming that DOMA is discriminatory against gays and lesbians, announced Thursday she will run in the special election for late Sen. Edward Kennedy’s seat.
From Change.org:
In July 2009, Coakley filed a lawsuit against the U.S. government challenging the …
Tags: Attorney General Martha Coakley, Champion, Doma, Edward Kennedy, Federal Government, Gays And Lesbians, General Martha Coakley, Massachusetts Attorney GeneralEquality California statement on DOMA
From Equality California:
Today the Obama Administration filed court papers saying the Defense of Marriage Act does discriminate against same-sex couples, but the Justice Department is continuing to defend the law that prevents married same-sex couples from having their unions recognized by the federal government.
In response, Equality California Executive Director …
Tags: California Executive, Defense Of Marriage Act, Doma, Equality California, Executive Director, Federal Government, Government Executive, Justice Department, marriage, Same Sex Couples, UnionsHuman Rights Campaign Calls on the LGBT Community and Allies to Participate in National, Grassroots Push to Lobby Congress Face-to-Face
The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today launched a national, grassroots campaign called “No Excuses” to demand action from Congress on key issues of equality. Designed to take advantage of the congressional summer recess, when members are in their local offices and meeting with constituents, “No Excuses” will mobilize HRC’s 750,000 members and their allies to meet directly with lawmakers and push for federal legislative change. Members and supporters can get involved by visiting: http://noexcuses.hrc.org.
“While we salute and acknowledge the heroic members of Congress who have worked tirelessly on our behalf, far too many have dragged their feet on basic matters of fairness and equality that have lingered too long and hurt too many LGBT people and their families,” said Human Rights Campaign President Joe Solmonese. “Yes, there are many challenges facing this Congress and this president. But LGBT people often face additional hardship protecting their families, their loved ones and their jobs, and too few in Congress are willing to champion these issues of basic fairness. Now, more than ever, members of the LGBT community need to make their voices heard face-to-face and in the districts where they live.”
Using innovative online tools, one-on-one trainings and staff and volunteer follow-through, HRC members will press lawmakers to end discrimination in the military, treat all legally married couples equally, pass immigration reform that recognizes and honors LGBT families, outlaw workplace discrimination for LGBT employees, and treat all federal employees’ compensation equally.
The interactive “No Excuses” website allows supporters to download a meeting toolkit, schedule a meeting and report back on how it went. To take action, visit: http://noexcuses.hrc.org.
The in-district meetings will focus on the following key legislative priorities in the 111th Congress:
–Repeal the Defense of Marriage Act (DOMA), which denies legally married lesbian and gay couples more than 1,000 federal protections;
–Prohibit workplace discrimination for the LGBT community by passing an inclusive Employment Non-Discrimination Act (ENDA);
–Repeal “Don’t Ask, Don’t Tell” to ensure that service members who contribute to our nation’s security are no longer summarily discharged for who they are;
–Pass immigration reform that recognizes permanent same-sex couples and ends the painful separation of families;
–And provide health benefits equally to the nearly 3 million federal government employees, including same-sex domestic partners.
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India: Legal gay sex ruling challenged
A landmark ruling that legalized gay sex between consenting partners in India was challenged Thursday in the country’s high court, lawyers said.
The supreme court issued a notice to the nonprofit Naz Foundation that had won a lower-court verdict after a seven-year legal fight to decriminalize gay sex.
Notices also were issued to the federal government and the New Delhi high court, which ruled last week that consensual sex between partners of the same gender was legal.
An astrologer filed a petition challenging the ruling. The petitioner argued that no constitutional right is violated by the Indian penal code’s Section 377, which had outlawed gay sex, said his lawyer Praveen Agrawal.
The petition also cited Indian culture and health as grounds for seeking a stay on last week’s ruling, he said.
The supreme court posted the next hearing for July 20.
Last week’s ruling meant the law — Indian penal code section 377, which had previously criminalized consensual homosexual acts between adults — was partly struck down but remains in place as far as forced homosexual acts are concerned.
The verdict affects law enforcement all around India because it deals with a law enacted by the federal parliament.
See India: Legal gay sex ruling challenged
CNN Internationa
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Sotomayor avoids saying whether marriage should be issue for federal courts
Sen. Charles Grassley had a testy exchange Wednesday with Judge Sonia Sotomayor about the federal government’s authority over marriage law.
During the Iowa Republican’s second turn at questioning the Supreme Court nominee, Grassley referred to a 1972 Supreme Court decision, Baker v. Nelson, in which the justices declined to consider a gay-marriage case. He asked whether she thought federal courts lacked authority to hear civil-rights cases involving marriage.
Sotomayor said the issue is pending in several courts, before Grassley cut her off.
“I thought I was asking a very simple question,” he said.
He ticked off a list of cases Sotomayor had referenced as precedent during her testimony on Tuesday. “You said these are precedents,” Grassley continued, raising his voice. “Now, are you saying to me that Baker v. Nelson is not a precedent?”
“It’s not that I’m attempting not to answer your question, Senator Grassley,” she said.
Grassley interrupted again, “Why are you hedging on this?”
Finally, Sotomayor said it had been since law school that she had reviewed the case, prompting Grassley to move on to another topic.
See Sotomayor avoids saying whether marriage should be issue for federal courts
The Des Moines Register
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Religious groups in India have warned they will…
Religious groups in India have warned they will oppose any move to legalize homosexuality as the federal government prepares to hold talks on a law that classifies same-sex acts as crimes.
India’s Hindu nationalist main opposition has in the meantime called for a national debate on the legislation that law minister M. Veerappa Moily last week said would come up for a discussion within the government.
“This is a sensitive issue and warrants a debate within the Indian society at large before arriving at any decision,” said Sidharth Nath Singh, spokesman for the opposition Bharatiya Janata Party.
An Indian court is due to give its judgment on a petition filed by a nonprofit group that has challenged the anti-gay provision of the penal code.
In a news conference last week, Moily refused to spell out his government’s stand on it because it awaits judicial determination. But his comments that the federal home minister was “contemplating” a meeting with his Cabinet colleagues on the law drew widespread coverage in the largely conservative country.
“Hope floats at rainbow parades,” read a caption on a front-page picture from a gay parade in New Delhi in Monday’s Times of India newspaper.
Participants in that march demanded repeal of Section 377 of the penal code, which criminalizes private consensual sex between adults of the same gender in the country. 
Watch a New Delhi march in support of gay rights »
Religious leaders, however, oppose any suggestion to scrap 377, describing homosexuality as “unnatural.”
“We are against calling homosexuality a criminal activity, but we are certainly in principle against legalizing it, because that would mean the state endorsing same-sex relationships,” said Babu Joseph, spokesman for the Catholic Bishops’ Conference of India.
Homosexuality “violates fundamental norms of a family,” he said.
See India faith leaders: Anti-gay law must stay CNN International
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Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban
Whatever Chief U.S. District Judge Vaughn Walker winds up deciding on Proposition 8, it’s clear he wants an airtight trial record to support it.
Holding his first hearing Thursday on the controversial measure that outlawed same-sex marriage, Walker repeatedly stressed the importance of establishing a record that will stand the test of time.
He told a packed courtroom that he was “reasonably sure” that the challenge launched by two high-profile litigators is “only touching down in this court” and merely a “prelude” for things to come.
“How we do things here,” Walker said, “is more important than what we do.”
He noted that other courts have rendered decisions on same-sex marriage without holding full trials, which he suggested was a “problem.”
Perry v. Schwarzenegger, 09-CV-2292, was filed in May by Theodore Olson, who represented George W. Bush in the landmark Bush v. Gore case, and David Boies, who represented Al Gore. Boies wasn’t present on Thursday. The suit attacks Prop 8 on equal protection and due process grounds.
Walker had already issued a tentative order allowing Prop 8 proponents to intervene and denying a preliminary injunction (pdf). He stood by both orders during Thursday’s 50-minute session.
Olson, a partner in Gibson, Dunn & Crutcher’s Washington, D.C., office who has argued before the U.S. Supreme Court 55 times, nonetheless made a fleeting attempt to persuade Walker to change his mind on the injunction.
“Every day that Prop 8 is enforced perpetuates a tragic injustice” on gays and lesbians, he argued, saying it “brands” them as “second-class citizens, unworthy and different.”
“The Supreme Court,” Olson argued, “has held again and again and again that the right to marry is the most important relationship in life.”
Representing the Prop 8 proponents, Washington attorney Charles Cooper, who was a top Justice Department lawyer during the Reagan administration, warned that the lawsuit could “sweep away” not only Prop 8, but the definition of marriage in 43 states and the federal government.
The Cooper & Kirk partner also argued that marriage has by tradition always been the union of a man and a woman, and said that every Supreme Court case that describes marriage has noted that its central purpose is procreation.
See Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban Above the Law
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New Delhi Lifts Colonial-Era Ban on Gay Sex
A top court in the Indian capital of New Delhi yesterday overturned a colonial-era law banning gay sex between consenting adults as the world’s biggest democracy struggles to balance tradition and modernity.
In a strongly worded statement, New Delhi’s High Court ruled that the 150-year-old statute prohibiting homosexual acts was discriminatory and therefore a “violation of fundamental rights.”
“It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual,” the court said in a 105-page judgment.
Quoting India’s first prime minister, Jawaharlal Nehru, Justice A.P. Shah said: “Words are magic things often enough, even the magic of words sometimes cannot convey magic of human spirit and of a nation’s passion.”
The ruling applies only to New Delhi and to adults older than 18. But federal government ministers are also in the process of reviewing the law.
See New Delhi Lifts Colonial-Era Ban on Gay Sex
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Obama urges lesbian, gay patience overturning ‘unjust laws’
THE PRESIDENT: Hello, everybody. Hello, hello, hello. (Applause.) Hey! Good to see you. (Applause.) I’m waiting for FLOTUS here. FLOTUS always politics more than POTUS.
MRS. OBAMA: No, you move too slow. (Laughter.)
THE PRESIDENT: It is great to see everybody here today and they’re just — I’ve got a lot of friends in the room, but there are some people I want to especially acknowledge. First of all, somebody who helped ensure that we are in the White House, Steve Hildebrand. Please give Steve a big round of applause. (Applause.) Where’s Steve? He’s around here somewhere. (Applause.)
The new chair of the Export-Import Bank, Fred Hochberg. (Applause.) Where’s Fred? There’s Fred. Good to see you, Fred. Our Director of the Institute of Education Sciences at DOE, John Easton. Where’s John? (Applause.) A couple of special friends — Bishop Gene Robinson. Where’s Gene? (Applause.) Hey, Gene. Ambassador Michael Guest is here. (Applause.) Ambassador Jim Hormel is here. (Applause.) Oregon Secretary of State Kate Brown is here. (Applause.) All of you are here. (Laughter and applause.) Welcome to your White House. (Applause.) So.
AUDIENCE MEMBER: (Inaudible.) (Laughter.)
THE PRESIDENT: Somebody asked from the Lincoln Bedroom here. (Laughter.) You knew I was from Chicago too. (Laughter.)
It’s good to see so many friends and familiar faces, and I deeply appreciate the support I’ve received from so many of you. Michelle appreciates it and I want you to know that you have our support as well. (Applause.) And you have my thanks for the work you do every day in pursuit of …
… equality on behalf of the millions of people in this country who work hard and care about their communities — and who are gay, lesbian, bisexual, or transgender. (Applause.)
Now this struggle, I don’t need to tell you, is incredibly difficult, although I think it’s important to consider the extraordinary progress that we have made. There are unjust laws to overturn and unfair practices to stop. And though we’ve made progress, there are still fellow citizens, perhaps neighbors or even family members and loved ones, who still hold fast to worn arguments and old attitudes; who fail to see your families like their families; and who would deny you the rights that most Americans take for granted. And I know this is painful and I know it can be heartbreaking.
And yet all of you continue, leading by the force of the arguments you make but also by the power of the example that you set in your own lives — as parents and friends, as PTA members and leaders in the community. And that’s important, and I’m glad that so many LGBT families could join us today. (Applause.) For we know that progress depends not only on changing laws but also changing hearts. And that real, transformative change never begins in Washington (cellphone “quacks”). Whose duck is back there? (Laughter.)
MRS. OBAMA: It’s a duck.
THE PRESIDENT: There’s a duck quacking in there somewhere. (Laughter.) Where do you guys get these ring tones, by the way? (Laughter.) I’m just curious. (Laughter.)
Indeed, that’s the story of the movement for fairness and equality — not just for those who are gay, but for all those in our history who’ve been denied the rights and responsibilities of citizenship; who’ve been told that the full blessings and opportunities of this country were closed to them. It’s the story of progress sought by those who started off with little influence or power; by men and women who brought about change through quiet, personal acts of compassion and courage and sometimes defiance wherever and whenever they could.
That’s the story of a civil rights pioneer who’s here today, Frank Kameny, who was fired — (applause.) Frank was fired from his job as an astronomer for the federal government simply because he was gay. And in 1965, he led a protest outside the White House, which was at the time both an act of conscience but also an act of extraordinary courage. And so we are proud of you, Frank, and we are grateful to you for your leadership. (Applause.)
It’s the story of the Stonewall protests, which took place 40 years ago this week, when a group of citizens — with few options and fewer supporters — decided they’d had enough and refused to accept a policy of wanton discrimination. And two men who were at those protests are here today. Imagine the journey that they’ve traveled.
It’s the story of an epidemic that decimated a community — and the gay men and women who came to support one another and save one another; and who continue to fight this scourge; and who demonstrated before the world that different kinds of families can show the same compassion and support in a time of need — that we all share the capacity to love.
So this story, this struggle, continues today — for even as we face extraordinary challenges as a nation, we cannot — and will not — put aside issues of basic equality. (Applause.) We seek an America in which no one feels the pain of discrimination based on who you are or who you love.
And I know that many in this room don’t believe that progress has come fast enough, and I understand that. It’s not for me to tell you to be patient, any more than it was for others to counsel patience to African Americans who were petitioning for equal rights a half-century ago.
But I say this: We have made progress and we will make more. And I want you to know that I expect and hope to be judged not by words, not by promises I’ve made, but by the promises that my administration keeps. And by the time you receive — (applause.) We’ve been in office six months now. I suspect that by the time this administration is over, I think you guys will have pretty good feelings about the Obama administration. (Applause.)
Now while there is much more work to do, we can point to important changes we’ve already put in place since coming into office. I’ve signed a memorandum requiring all agencies to extend as many federal benefits as possible to LGBT families as current law allows.
And these are benefits that will make a real difference for federal employees and Foreign Service Officers, who are so often treated as if their families don’t exist. And I’d like to note that one of the key voices in helping us develop this policy is John Berry, our director of the Office of Personnel Management, who is here today. And I want to thank John Berry. (Applause.)
I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination — (applause) — to help end discrimination against same-sex couples in this country. Now I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law. I’ve made that clear.
I’m also urging Congress to pass the Domestic Partners Benefits and Obligations Act, which will guarantee the full range of benefits, including healthcare, to LGBT couples and their children. (Applause.) My administration is also working hard to pass an employee nondiscrimination bill and hate-crimes bill, and we’re making progress on both fronts. (Applause.) Judy and Dennis Shepard, as well as their son Logan, are here today. I met with Judy in the Oval Office in May — (applause) — and I assured her and I assured all of you that we are going to pass an inclusive hate-crimes bill into law, a bill named for their son Matthew. (Applause.)
In addition, my administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. (Applause.) The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step toward ending this policy.
And we all know that HIV/AIDS continues to be a public health threat in many communities, including right here in the District of Columbia. And that’s why this past Saturday, on National HIV Testing Day, I was proud once again to encourage all Americans to know their status and get tested the way Michelle and I know our status and got tested. (Applause.)
And finally, I want to say a word about “don’t ask, don’t tell.” As I said before — I’ll say it again — I believe “don’t ask, don’t tell” doesn’t contribute to our national security. (Applause.) In fact, I believe preventing patriotic Americans from serving their country weakens our national security. (Applause.)
Now, my administration is already working with the Pentagon and members of the House and the Senate on how we’ll go about ending this policy, which will require an act of Congress.
Someday, I’m confident, we’ll look back at this transition and ask why it generated such angst, but as commander in chief, in a time of war, I do have a responsibility to see that this change is administered in a practical way and a way that takes over the long term. That’s why I’ve asked the secretary of Defense and the chairman of the Joint Chiefs of Staff to develop a plan for how to thoroughly implement a repeal.
I know that every day that passes without a resolution is a deep disappointment to those men and women who continue to be discharged under this policy — patriots who often possess critical language skills and years of training and who’ve served this country well. But what I hope is that these cases underscore the urgency of reversing this policy not just because it’s the right thing to do, but because it is essential for our national security.
Now even as we take these steps, we must recognize that real progress depends not only on the laws we change but, as I said before, on the hearts we open. For if we’re honest with ourselves, we’ll acknowledge that there are good and decent people in this country who don’t yet fully embrace their gay brothers and sisters — not yet.
That’s why I’ve spoken about these issues not just in front of you, but in front of unlikely audiences — in front of African American church members, in front of other audiences that have traditionally resisted these changes. And that’s what I’ll continue to do so. That’s how we’ll shift attitudes. That’s how we’ll honor the legacy of leaders like Frank and many others who have refused to accept anything less than full and equal citizenship.
Now 40 years ago, in the heart of New York City at a place called the Stonewall Inn, a group of citizens, including a few who are here today, as I said, defied an unjust policy and awakened a nascent movement.
It was the middle of the night. The police stormed the bar, which was known for being one of the few spots where it was safe to be gay in New York. Now raids like this were entirely ordinary. Because it was considered obscene and illegal to be gay, no establishments for gays and lesbians could get licenses to operate. The nature of these businesses, combined with the vulnerability of the gay community itself, meant places like Stonewall, and the patrons inside, were often the victims of corruption and blackmail.
Now ordinarily, the raid would come and the customers would disperse. But on this night, something was different. There are many accounts of what happened, and much has been lost to history, but what we do know is this: People didn’t leave. They stood their ground. And over the course of several nights they declared that they had seen enough injustice in their time.
This was an outpouring against not just what they experienced that night, but what they had experienced their whole lives. And as with so many movements, it was also something more: It was at this defining moment that these folks who had been marginalized rose up to challenge not just how the world saw them, but also how they saw themselves.
As we’ve seen so many times in history, once that spirit takes hold there is little that can stand in its way. (Applause.) And the riots at Stonewall gave way to protests, and protests gave way to a movement, and the movement gave way to a transformation that continues to this day. It continues when a partner fights for her right to sit at the hospital bedside of a woman she loves. It continues when a teenager is called a name for being different and says, “So what if I am?” It continues in your work and in your activism, in your fight to freely live your lives to the fullest.
In one year after the protests, a few hundred gays and lesbians and their supporters gathered at the Stonewall Inn to lead a historic march for equality. But when they reached Central Park, the few hundred that began the march had swelled to 5,000. Something had changed, and it would never change back.
The truth is when these folks protested at Stonewall 40 years ago no one could have imagined that you — or, for that matter, I (laughter) — would be standing here today. (Applause.) So we are all witnesses to monumental changes in this country.
That should give us hope, but we cannot rest. We must continue to do our part to make progress — step by step, law by law, mind by changing mind. And I want you to know that in this task I will not only be your friend, I will continue to be an ally and a champion and a president who fights with you and for you.
Thanks very much, everybody. God bless you. (Applause.) Thank you. It’s a little stuffed in here. We’re going to open — we opened up that door. We’re going to walk this way, and then we’re going to come around and we’ll see some of you over there, all right? (Laughter.) But out there. (Laughter.)
But thank you very much, all, for being here. Enjoy the White House. Thank you. (Applause.) ###
See Obama urges lesbian, gay patience overturning ‘unjust laws’ (text) Los Angeles Times
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