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 StatesRuby-Sachs: Justice Department Will Pursue LGBT Discrimination Claims
The head of the Civil Rights Department of the Justice Department announced today that he is making the pursuit of claims by LGBT Americans a priority for his office. Specifically, Tom Perez said,
“We must fight for fairness and basic equality for our LGBT brothers and sisters who so frequently are …
Tags: Brothers And Sisters, Civil Rights, Discrimination, Equality, Fairness, Justice Department, Priority, Ruby, SachsEquality 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, UnionsFederal 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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Obama White House not appealing transgender ruling
(Washington) The Obama administration is not fighting a nearly $500,000 judgment for a Library of Congress hiree who lost the job while undergoing a gender change from a man to a woman.
The Justice Department let the deadline to appeal the decision pass Tuesday, a day after President Barack Obama hosted …
Tags: barack obama, Gender Change, Hiree, Job, Judgment, Justice Department, Library Of Congress, Transgender, White HouseGay politicians criticize Obama administration’s supporting of DOMA
(Washington) Several gay politicians have released statements this week criticizing the Obama administration’s support of the Defense of Marriage Act. Congressman Barney Frank was among those who disagreed with the Justice Department’s actions, calling it a “big mistake” and asking the president to explain his stance on the issue.
“I think …
Tags: Barney Frank, Big Mistake, Congressman Barney Frank, Defense Of Marriage Act, Doma, Gay Politicians, Justice Department, marriage, ObamaVictory for Gay Rights in Sight
Gay rights activists are understandably up in arms over recent missteps and continuing inaction by the Obama administration on issues important to the lesbian, gay, bisexual and transgender (LGBT) community. A brief, filed by Obama’s Justice Department in a case challenging the legislation which prohibits recognition of same-sex marriage, was out of line in drawing parallels between incest and gay marriage. President Obama’s foot-dragging on reversing the military’s “Don’t Ask, Don’t Tell” policy, which prevents gay and lesbian people from serving openly in the military, is especially confounding as the U.S. continues to engage in two wars.
Still, 40 years after rioting patrons at the Stonewall Inn in New York City sparked the gay rights movement; full equality for LGBT people is finally in sight.
Disappointment with President Obama on these issues should be balanced with other actions he has taken recently such as declaring June as Lesbian, Gay, Bisexual and Transgender Pride Month and extending some (albeit not all) benefits to federal employees who are gay. There are smaller victories as well.
See Victory for Gay Rights in Sight
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White House Defends Anti-Gay Marriage Brief Amid Furor
A week after the Justice Department filed a motion in support of the Defense of Marriage Act, White House Press Secretary reiterated the president’s commitment to changing that law.
In a press conference Wednesday afternoon — just hours before the President was set to sign a presidential memorandum to extend benefits to same-sex partners of federal employees — Press Secretary Robert Gibbs fielded a question from ABC News’ Jake Tapper about the administration’s position on the Defense of Marriage Act.
See White House Defends Anti-Gay Marriage Brief Amid Furor
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Obama Faces Gay Groups’ Growing Anger
The anger from gay rights advocates toward President Obama is starting to boil over.
On Monday, Joe Solmonese, the president of the establishment gay rights group The Human Rights Campaign, sent an angry letter to the president objecting to the decision by the Obama Justice Department to file a brief defending the Defense of Marriage Act.
“I realized that although I and other LGBT leaders have introduced ourselves to you as policy makers, we clearly have not been heard, and seen, as what we also are: human beings whose lives, loves, and families are equal to yours,” Solmonese wrote. “I know this because this brief would not have seen the light of day if someone in your administration who truly recognized our humanity and equality had weighed in with you.”
The Clinton-era Defense of Marriage Act, or DOMA, mandates (1) that the federal government not recognize same-sex marriages and (2) that states not be forced to recognize same-sex marriages from other states.
Mr. Obama vowed to repeal DOMA as a presidential candidate but he has not taken any action to do so since becoming president. The Justice Department brief calls the legislation a “valid exercise of Congress’ power” and says it is “reasonable and rational for Congress to maintain its longstanding policy of fostering this traditional and universally-recognized form of marriage.”
“The government does not state why denying us basic protections promotes anyone else’s marriage, nor why, while our heterosexual neighbors’ marriages should be promoted, our own must be discouraged,” Solmonese writes in his letter.
He goes onto single out a portion of the brief referencing a case involving “marriage of uncle to niece” to support the Justice position.
“I cannot overstate the pain that we feel as human beings and as families when we read an argument, presented in federal court, implying that our own marriages have no more constitutional standing than incestuous ones,” he writes. See Obama Faces Gay Groups’ Growing Anger
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Department of Justice submits brief defending DOMA
Department of Justice submits brief defending DOMA
Tags: Department Of Justice, Justice Department
