Tag: DOMA

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Day One of new Congress – House GOP votes to reauthorize DOMA defense fund

As Congress begins its 113th session, House Republicans have pledged to continue funding a legal effort to defend the federal law that prevents the government from recognizing same-sex marriages.

The Republican-led Bipartisan Legal Advisory Group has already spent $1.7 million paying outside legal counsel to intervene in 14 federal challenges to the Defense of Marriage Act in courts since the Obama Administration and the Department of Justice decided to stop defending the law in court in 2011.

Response from LGBT advocacy groups was quick:

Freedom To Marry:

“It’s truly disheartening that, on a day of new beginnings on Capitol Hill, the leadership of the House of Representatives is advancing a measure, through its rules, to continue spending taxpayer dollars on expensive lawyers to defend the so-called Defense of Marriage Act in court.

“This law has been struck down as unconstitutional 10 times, with support from judges appointed by Presidents Nixon, Reagan, and both Bushes. It’s past time for the Republican leadership to listen to their constituents, a majority of whom support the freedom to marry, and stop wasting precious resources in an effort to treat fellow Americans as second-class citizens.”

Human Rights Campaign:

“In their very first act of the 113th Congress, House Republican leaders have written their commitment to their multi-million-dollar defense of the discriminatory Defense of Marriage Act into the Rules of the House.

“It is particularly disappointing that this historic Congress – with the largest-ever class of openly lesbian, gay and bisexual Members and same-sex congressional spouses – has begun with a vote that disrespects those new Members and all LGBT Americans.

“To date, the GOP leadership in the House has spent nearly $2 million on DOMA – despite the fact that a majority of Americans support marriage equality. The new rules package codifies that the Bipartisan Legal Advisory Group (BLAG), charged with the defense of DOMA, speaks for the entirety of the House. Minority Leader Nancy Pelosi and House Democrats, however, oppose spending taxpayer dollars on defending DOMA.

(via JMG)

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LGBT leaders call on Speaker Boehner to stop wasting tax dollars on DOMA defense

Leaders from major LGBT rights organizations have signed a letter calling on House Speaker Boehner to stop wasting tax payer dollars defending DOMA.

The list of organizations includes: Human Rights Campaign, Outserve-SLDN, National Gay and Lesbian Task Force Action Fund, National Gay & Lesbian Chamber of Commerce, Center for American Progress, Immigration Equality Action Fund, CenterLink: The Community of LGBT Centers, Out & Equal Workplace Advocates, GLMA: Health Professionals Advancing LGBT Equality, and FORGE, Inc.

Says the letter, in part:

Americans have sent a clear message that they want lawmakers to focus on strengthening our economy, creating jobs, and securing a bright future for generations to come. Spending $2 million and counting on harming LGBT people and wasting precious time and resources that should be spent on more important issues is not the way to best serve the interests of the American people. We strongly urge you to take a leadership role on this critical issue and stop pouring taxpayer dollars into a law that discriminates against Americans.
Our country is facing major challenges that we will only solve by standing united. It’s time for us to collectively focus on how we can make our great nation even stronger, and leave behind the archaic laws that exist simply to divide us. To that end, we encourage you to end your taxpayer-funded contract for outside legal services defending discrimination.

Read the full letter here

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GOP quiet on SCOTUS’ marriage equality hearings

Politico notes that thus far the leadership of the Republican Party has not responded to Friday’s Supreme Court decisions.

House Republican leaders had a uniform response to the Supreme Court’s decision to take up gay marriage: silence. The high court’s decision last week to hear two cases relating to same-sex marriage puts that issue at the center of the national debate. And it does so at an exceedingly awkward time for Republicans, many of whom are trying to downplay or moderate their party’s views on social issues to chart a path back to electoral success.

“I’m personally grateful to Speaker Boehner for being willing to defend the law, but it’s clear GOP elites don’t want to talk about it and want to keep it as quiet as possible,” said Maggie Gallagher, a founder of the National Organization for Marriage and a fellow at the conservative American Principles Project. “That’s so obvious, I don’t see any point in pretending otherwise.” Tom McClusky of the Family Research Council said he assumes from conversations he’s had with congressional aides that lawmakers are pleased the high court is taking up the issue. “But there’s just radio silence” publicly, McClusky said. “I was disappointed there wasn’t more from the Hill.”

In related news, Maggie Gallagher said yesterday that she expects SCOTUS to overturn DOMA but uphold Prop 8.

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US Supreme Court to discuss Prop 8 & DOMA challenges November 30

An update from the American Foundation for Equal Rights regarding marriage equality SCOTUS appeals :

AFER just received word from the U.S. Supreme Court that it will discuss whether to hear AFER’s federal constitutional challenge to California’s Proposition 8 at its private Conference on Friday, November 30. The Court will also consider on that date whether it will hear one or more challenges to the so-called Defense of Marriage Act (DOMA). Both the Prop. 8 case and the DOMA cases had previously been distributed for discussion at the Justices’ November 20 Conference.

The updated timeline suggests that we will likely find out if our case will be heard by the nation’s highest court, or if marriages can resume in California, by Monday, December 3. However, there is no deadline by which the Court must act, and the Justices could hold the case for consideration at a future Conference.

I’m personally getting a bit impatient with all the delays, but I’m hoping it leads to good news eventually.

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Second Circuit Court finds DOMA unconstitutional

A seventh federal court has ruled against DOMA. From the Washington Blade:

A federal appeals court has ruled the Defense of Marriage Act is unconstitutional in case filed by a New York widow who’s challenging the statute on the basis that it forced her to unfairly pay $363,000 in estate taxes.

The court ruled against Section 3 of DOMA on the basis that it violates equal protection under the Fifth Amendment of the U.S. Constitution. The majority opinion came from Chief Judge Dennis Jacobs and Judge Christopher Droney.

“DOMA’s classification of same-sex spouses was not substantially related to an important government interest,” the decision states. “Accordingly, we hold that Section 3 of DOMA violates equal protection and is therefore unconstitutional.”

The plaintiff in the case, which was filed by the American Civil Liberties Union, is 83-year-old lesbian Edith Windsor, who had to pay $363,000 in 2009 upon the death of her spouse, Thea Spyer, because DOMA prohibits the federal recognition of same-sex marriage.

The court also ruled that DOMA should be subject to heightened scrutiny, or a greater assumption that the law is unconstitutional, because, among other reasons, gays and lesbians have faced a history of discrimination and have a distinguishing characteristic from others.

(source)

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DOMA defense fund almost empty

Talking Points Memo makes note of the face that the House GOP authorized spending account to defend DOMA is almost drained.

As of this month, taxpayers have spent $1,447,996.73 defending a law that prevents the federal government from recognizing same-sex marriage, according to numbers released Tuesday by House Democrats. The contract that House Republicans entered into with an outside law firm to defend the Defense of Marriage Act (DOMA) currently has a cap of $1.5 million.

Rep. Jerrold Nadler reacts: “Speaker Boehner has wasted more than a year, and more than $1.5 million taxpayer dollars defending DOMA. So far, he has lost five cases in a row as every court has ruled that there is no legitimate justification for this law. Every day, DOMA harms thousands of American couples and their children. Instead of wasting taxpayer money defending this unjust law in court, Speaker Boehner should join us in our effort to repeal it.”

I’m guessing Speaker Boehner plans on asking for more money to defend the discriminatory law.

Spending cuts on health care, veterans, teachers and firemen, but we need to spend more on marriage inequality?

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Survey: Majority of constitutional law professors view DOMA as unconstitutional

Gay conservative law Professor Dale Carpenter conducted a survey of nearly 500 of his fellow constitutional law professors asking their views on marriage equality and the Constitution.

The results? Federal marriage discrimination is overwhelmingly viewed as unconstitutional, and a solid majority believe state discrimination is unconstitutional as well:

QUESTION 3: “Section 3 of the Defense of Marriage Act (DOMA) forbids the federal government to recognize same-sex marriages legalized in the states. As a matter of federal constitutional law, do you believe the federal government may refuse to recognize same-sex marriages legalized in the states?”

Yes (DOMA Section 3 is constitutional) — 16%
No (DOMA Section 3 is unconstitutional) — 69%
Not sure — 11%
No Answer/Other — 3%

QUESTION 4: “As a matter of federal constitutional law, do you believe that states *must* allow same-sex couples to marry?”

Yes — 54%
No — 28%
Not Sure — 13%
No Answer/Other — 5%

I would guess that the numbers drop a bit in Question 4 because most conservative scholars view marriage laws as a “states’ rights” issue. Still a strong majority – 54% – say state level discrimination is unconstitutional.

(Source)

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Meet the Hendersons – from Freedom To Marry

Airman First Class Daniel Henderson and his husband Jerret Henderson talk about how the so-called Defense of Marriage Act, which prohibits the federal government from honoring legal marriages of same-sex couples, hurts their family.

Pledge to stand with military families like Daniel and Jerret at http://freedomtomarry.org/military

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Another Federal judge finds DOMA unconstitutional

The Advocate is reporting yet another court has found DOMA to be unconstitutional:

Judge Vanessa L. Bryant ruled in the case, Pedersen v. Office of Personnel Management, that the 1996 law violates the Equal Protection Clause found in the Fifth Amendment to the United States Constitution. The plaintiffs are being represented by Gay and Lesbian Advocates and Defenders, while the House Republican-controlled Bipartisan Legal Advisory Group has intervened to defend DOMA.

In the ruling that ran more than 100 pages, Judge Bryant, a George W. Bush appointee, concluded that,  “having considered the purported rational bases proffered by both BLAG and Congress and concluded that such objectives bear no rational relationship to Section 3 of DOMA as a legislative scheme, the Court finds that no conceivable rational basis exists for the provision.  The provision therefore violates the equal protection principles incorporated in the Fifth Amendment to the United States Constitution.”

The ruling comes as the Supreme Court is facing requests in several cases to decide the question of DOMA’s constitutionality once and for all.

Paul Clement, a very expensive, big-deal lawyer, was hired by Speaker of the House Boehner to defend the anti-gay law.  Unsuccessfully.

Your tax dollars at work.

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GOP Rep. Ileana Ros-Lehtinen supports repeal of DOMA

A Republican congresswoman from Florida known for holding pro-LGBT views said earlier this week she supports marriage equality, making her the first GOP member of Congress to hold that view.
Rep. Ileana Ros-Lehtinen, the only Republican co-sponsor of legislation to repeal the Defense of Marriage Act, confirmed on Tuesday she supports same-sex marriage after remarks she delivered at the launch of Young Conservatives for the Freedom to Marry at the Capitol Hill Club in D.C.
Asked by the Washington Blade whether she’s a supporter of same-sex marriage in addition to backing DOMA repeal, Ros-Lehtinen initially expressed confusion about why the question was being asked, saying, “I don’t know why you’re asking that. It’s such a weird way.” But she later affirmed she’s a supporter of marriage equality.
“Oh, yeah, I am,” Ros-Lehtinen said. “I thought you were trying to get some tricky thing here. No I am.”
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, commended Ros-Lehtinen for speaking out in favor of marriage equality and said it would help other Republicans do the same.
“Ileana Ros-Lehtinen is a champion in the fight for full LGBT equality,” Cole-Schwartz said. “Her willingness to be a leader in the Republican Party on LGBT issues, including becoming the first Republican member of Congress to embrace marriage equality, is opening the way for other Republican officials to speak out.”