Polls show Pa. resisting tide favoring gay marriage

ONE OF the big political stories of 2009 has been the surge in American public approval for gay marriage and the growing number of states – including the heartland bastion of Iowa – that have legalized the practice, but here in Pennsylvania the pages of this political thriller are still blank.

Even as the neighboring states of New York and New Jersey seem to be racing to legalize gay marriage, perhaps as early as this year, advocates for gay rights in Pennsylvania find themselves still locked in a defensive posture. Indeed, Republican state Sen. John Eichelberger, of Blair County, intends today to introduce an amendment to the state constitution aimed at blocking any courts from approving same-sex marriage in the Keystone State.

“Clearly, Pennsylvania is among Alabama and Mississippi in terms of gay rights,” said Malcolm Lazin, the executive director of the Equality Forum, the gay-rights-advocacy group based in Philadelphia.

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Polls show Pa. resisting tide favoring gay marriage

Philadelphia Inquirer -* Tags = gay men gay news lesbian news transgender bisexual

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Exemption for Religious Foes Of Gay Marriage Debated

As a growing number of states legalize same-sex marriage, there is growing attention on exemptions for religious institutions and individuals who find the concept morally objectionable and religiously untenable. This week, New Hampshire Gov. John Lynch (D) said he would sign legislation to make his state the sixth to legalize gay marriage if the legislature ensured religious protections.

Vermont and Connecticut have enacted laws that exempt clergy from performing same-sex marriages and give religious groups the right to refuse their facilities for same-sex marriage celebrations and allow them to refuse to provide insurance benefits to same-sex partners.

With those exemptions, said George Washington University constitutional law professor Ira Lupu on the legal blog Concurring Opinions, “religious conservatives and secular progressives now have the opportunity to reach political bargains.”

See Exemption for Religious Foes Of Gay Marriage Debated Washington Post * Tags = gay men gay news lesbian news transgender bisexual

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Ellen Goodman: Gay couples in 4 states have strange dual citizenship D

They are not the only married couple in America who talk about taxes and ulcers in the same sentence. Nor are they the only couple who believe they are paying more than they should. On that ground they are part of a noisy majority.

But they are a couple for whom tax season also entails an identity crisis. Melba Abreu and Beatrice Hernandez file state taxes as what they are — a legally married Massachusetts couple. But under federal law, they have to file federal taxes as what they aren’t — two single women.

In the last four years, the government’s refusal to consider them a married couple has cost the writer and the CFO of a nonprofit about $5,000 a year. As Beatrice puts it, “We don’t know anyone for whom $20,000 and counting isn’t significant.”

This is one reason they joined seven other married couples and three surviving spouses last month in bringing a legal complaint against DOMA, the law that deliberately denies federal benefits to same-sex marriages. The other plaintiffs include a postal worker who can’t get health care coverage for her spouse, a widower ineligible for higher Social Security benefits, and a couple who can’t get a passport under their married name.

We have just doubled the number of states in which same-sex couples can be legally married. First, Iowa joined Massachusetts and Connecticut. Then Vermont followed with the first legislative approval. And a bill was just introduced in New York, where people cringe to find themselves lagging behind Iowa.

This is all part of a careful state-by-state strategy. But as a side effect, it’s producing more Americans with a strange dual citizenship: Married in the eyes of Iowa, single in the eyes of Washington. Eligible for a pension, health care, family leave in the eyes of the state; ineligible in the eyes of the feds.

Ellen Goodman: Gay couples in 4 states have strange dual citizenship Dayton Daily News

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Tax laws discriminate against gay couples

BOSTON — They are not the only married couple in America who talk about taxes and ulcers in the same sentence. Nor are they the only couple who believe they are paying more than they should. On that ground they are part of a noisy majority. But they are a couple for whom tax season also entails an identity crisis. You see, Melba Abreu and Beatrice Hernandez file state taxes as what they are — a legally married Massachusetts couple. But under federal law, they have to file federal taxes as what they aren’t — two single women.

This identity crisis is not just some psychological blip on the cheerful landscape of their family life. In the last four years, the government’s refusal to consider them a married couple has cost the writer and the CFO of a nonprofit about $5,000 a year. As Beatrice puts it, “We don’t know anyone for whom $20,000 and counting isn’t significant.”

This is one reason they joined seven other married couples and three surviving spouses last month in bringing a legal complaint against DOMA, the law that deliberately denies federal benefits to same-sex marriages. The other plaintiffs include a postal worker who can’t get health care coverage for her spouse, a widower ineligible for higher Social Security benefits, and a couple who can’t get a passport under their married name.

The suit is not just timely because we all share a certain post-tax traumatic stress syndrome. But we have just doubled the number of states in which same-sex couples can be legally married. First, Iowa joined Massachusetts and Connecticut. Then Vermont followed with the first legislative approval. And a bill was just introduced in New York, where people cringe to find themselves lagging behind Iowa.

This is all part of a careful state-by-state strategy. But as a side effect, it’s producing more Americans with a strange dual citizenship: Married in the eyes of Iowa, single in the eyes of Washington. Eligible for a pension, health care, family leave in the eyes of the state; ineligible in the eyes of the feds. See Tax laws discriminate against gay couples Statesman Journal

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Gay Marriage Issue Steering Clear of the Supreme Court

And now there are four. In the space of a week, the number of states allowing same-sex marriage has doubled, with Iowa and then Vermont joining Massachusetts and Connecticut. In California, gay and lesbian couples were exchanging vows for five months before voters put a stop to the practice in November. Californians are still talking it over, though, and loudly. New York and New Jersey may be next to debate the question.

In other contexts, this sort of turmoil might amount to an invitation for the United States Supreme Court to step in. But there are all sorts of reasons the court is likely to keep its distance, and a central one is the endlessly debated 1973 decision that identified a constitutional right to abortion.

“The concern about creating another Roe v. Wade looms large,” said Nathaniel Persily, who teaches law and political science at Columbia. “At least five members of this court, if not more, would probably be reluctant to weigh in on this controversy, especially given the progress that is being made in state legislatures, state courts and public opinion.”

Court decisions on issues like school desegregation, abortion and same-sex marriage can raise questions about the judicial branch usurping the democratic process. But there are strategic issues as well. The Supreme Court not only decides cases but also decides which cases to decide. In jurisprudence as in life, timing is everything.

Even some strong supporters of abortion rights believe, for instance, that Roe went too far too fast and may have been counterproductive. One of them is Justice Ruth Bader Ginsburg.

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Now they t ell us: Mormon church says bishop acting alone in civil union fight

(Chicago, Illinois) The Church of Jesus Christ of Latter-day Saints says that an Illinois bishop was acting alone in sending an e-mail to members of his ward urging them to oppose a civil union bill before the state legislators.

But the Utah-based denomination has not ruled out becoming involved in the issue in the future.

The e-mail, sent to at least one LDS ward in Illinois, was authorized by Bishop Chris Church of the Nauvoo, Illinois, 3rd Ward, and was sent out by that website’s ward administrator.  

It urges members of the church to call their local legislators and tell them to oppose the bill.  The e-mail claims that civil unions would “empower the public schools to begin teaching this lifestyle to our young children regardless of parental requests otherwise.”  It goes on to also claim that “it will also create grounds for rewriting all social mores.” 

The e-mail raised the concerns of national LGBT civil rights groups.  The Mormon Church was instrumental in the passage of anti-gay measures in a number of states.

It was heavily involved in the Proposition 8 campaign in California, a voter-based initiative that prohibits same-sex marriage in that state, a similar constitutional amendment in Arizona and the defeat this year of a package of LGBT rights bills in Utah called the Common Ground Initiative.

The e-mail prompted the Human Rights Campaign to issue an alert to its members.

 

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New state legislatures to take up gay rights bills

(New York City) Bills that would legalize same-sex marriage, create domestic partner registries and expand civil rights protections are expected to be filed this year in a number of states.

New York

Forty years of Republican rule in the New York state Senate came to an end in November with Democrats now …

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