LGBTQ news and entertainment
“I don’t see myself as a crusader.
“Some people have said I’ve broken the law, which I may have done. But I’ve broken an unconstitutional law. It’s not about me. It’s a serious equal protection argument at stake here.
“I don’t want to speculate about the outcome of the case. But I firmly believe that I’m on the right side of history.” – Pennsylvania Montgomery County Clerk Bruce Hanes
The Department of Justice will not enforce Title 38, a law barring gay veterans from spousal benefits, the Washington Blade reports:
In a letter dated Sept. 4, U.S. Attorney Eric Holder notifies U.S. House Speaker John Boehner (R-Ohio) of the change in the way the Justice Department will enforce Title 38 of the U.S. code.
“[I]n light of subsequent developments and my recommendation, the President has directed the Executive Branch to cease enforcement of Sections 101(3) and 101(31) of Title 38,” Holder writes. “Decisions by the Executive Branch not to enforce federal laws are appropriately rare. Nonetheless, for the reasons described below, the unique circumstances here warrant non-enforcement.”
From the White House via press release:
The language, contained within Title 38 of the U.S. Code, has, until now, prevented the Executive Branch from providing spousal benefits to veterans—and in some instances active-duty service members and reservists—who are in same-sex marriages recognized under state law.
In a letter to Congressional leaders, Holder stated that the President’s decision was consistent with the Court’s decision in Windsor in June.
“Although the Supreme Court did not directly address the constitutionality of the Title 38 provisions in Windsor, the reasoning of the opinion strongly supports the conclusion that those provisions are unconstitutional under the Fifth Amendment,” Holder wrote.
(via Towleroad)
Add Los Alamos county to the growing list of counties issuing marriage licenses to same-sex couples in New Mexico.
The County Clerk, Sharon Stover, didn’t want to jump on the bandwagon, but a district judge ordered the licenses be issued:
Janet Newton and Maria Thibodeau were denied a marriage license last week and they filed a lawsuit that led to a ruling by District Court Judge Sheri Raphaelson that same-sex couples are entitled to be married in New Mexico.
Los Alamos County Clerk Sharon Stover went to court Wednesday to defend her decision, but the judge ruled against the clerk.
Seven of the state’s 33 counties are issuing marriage licenses to same-sex couples and number 8, Grant County, plans to start granting licenses next week.
Grant County becomes the seventh county in New Mexico issuing marriage licenses to same sex couples.
LGBTQ Nation reports:
Grant County Clerk Robert Zamarripa said his office will comply with a judge’s ruling issued Tuesday and will begin providing the licenses next week. “We’ll let the Legislature and courts decide after this what needs to be done,” Zamarripa said in a telephone interview.
His comments came shortly after District Judge J.C. Robinson issued an order requiring the clerk to issue marriage licenses “on a nondiscriminatory basis” to same-sex couples.
Meanwhile, the county clerk for Los Alamos county will go back to court after defying a judge’s order to start issuing the licenses to same sex couples.
The Albuquerque Journal reports:
Los Alamos County Clerk Sharon Stover said on Tuesday that she will defy a court order to issue marriage licenses to couples regardless of sexual preference.
Stover made the announcement in response to a judge’s ruling last week that she issue marriage licenses to gay and lesbian couples or appear in court to explain why that shouldn’t happen.
A district court hearing on the matter is set for tomorrow.
Stover said in a statement that New Mexico’s marriage laws haven’t been changed since the 1960s, and the law includes a marriage license application with sections for male and female applicants.
Republican Gov. Tom Corbett said Thursday it was inappropriate for his lawyers to include a reference to children in a legal brief involving same-sex couples seeking marriage licenses.
Corbett’s administration has filed a lawsuit seeking to block same-sex marriage licenses in suburban Philadelphia, where Montgomery County Register of Wills D. Bruce Hanes has issued more than 150 to gay and lesbian couples since July 24.
State attorneys, in a court filing Wednesday, made an analogy to a pair of 12-year-olds, saying if the children were issued a marriage license and tried to defend it in court, they wouldn’t be taken seriously because the license was never valid.
“Had the clerk issued licenses to twelve-year-olds in violation of state law, would anyone seriously contend that each twelve-year-old has a legally enforceable ‘interest’ in his ‘license’ and is entitled to a hearing on the validity of his ‘license,’ else his due process rights be violated?” the brief said. “Obviously not.”
Corbett released a statement Thursday calling it a poor analogy:
“The case involving Montgomery County revolves around a very basic question: Does a public official have the authority to disregard state law based on his own personal legal opinion about the constitutionality of a statute?” he said. “The analogy chosen in the legal brief filed on August 28th is inappropriate.”
Equality Pennsylvania issued a statement earlier Thursday taking his lawyers to task over the legal argument:
“If there is one thing we can all agree on, it’s that all people deserve to be treated with respect,” said the group’s executive director, Ted Martin. “The statements made by the attorneys do not simply defend the laws of the state; they deny loving, committed same-sex couples the dignity they deserve.”
(source)
Ok, let’s roll “special” and “bragging rights” all into one big same-sex marriage ball.
Via the Washington Post:
Justice Ruth Bader Ginsburg will become the first Supreme Court member to conduct a same-sex marriage ceremony Saturday when she officiates at the Washington wedding of Kennedy Center President Michael M. Kaiser.
The gala wedding of Kaiser and economist John Roberts at the performing arts center brings together the nation’s highest court and the capital’s high society and will mark a new milepost in recognition of same-sex unions.
Ginsburg and Kaiser are close friends. She is perhaps the Supreme Court’s most ardent supporter of the fine arts, especially opera. Kaiser, 59, has been at the helm of the Kennedy Center since 2001 and is an internationally recognized expert in arts management and one of Washington’s most influential civic leaders.
“I can’t imagine someone I’d rather be married by” than Ginsburg, Kaiser said in an interview.
Umm, hello? A US Supreme Court justice? Yeah, pretty fab officiant, there.
Although, I will say – when my husband Michael and I got married in Toronto in 2003, the legality of same-sex marriage was new. But Senior Justice Lauren Marshall generously agreed to marry Michael and I. And it was as special and memorable as any wedding ever could be.
AND – being the senior justice, she had the ‘best’ courtroom, which happened to be the courtroom the movie CHICAGO the Musical was shot in. So we knew we were in the right place… 🙂
Congrats to Michael Kaiser and John Roberts. I hope your day is as special as mine was.
Big news for same-sex married couples as the Federal government has now issued a ruling by Treasury Secretary Jacob Lew that says, in terms of tax policy, the state of celebration is what counts – NOT the state of residence.
Yep, the ruling applies even to gay couples that live in states where their union is not recognized — so long as they were married in a state that allows same-sex marriage.
From the Huffington Post:
Thursday’s ruling by Treasury Secretary Jacob Lew provides a uniform policy for the IRS; the state of celebration — where the wedding took place — now trumps the state of residency when it comes to federal tax status for same-sex married couples.
“Today’s ruling provides certainty and clear, coherent tax filing guidance for all legally married same-sex couples nationwide. It provides access to benefits, responsibilities and protections under federal tax law that all Americans deserve,” Lew said in a statement. “This ruling also assures legally married same-sex couples that they can move freely throughout the country knowing that their federal filing status will not change.”
Under the new Treasury policy, all federal tax provisions where marriage is a factor, including filing status, employee benefits, IRA contributions, earned income, child tax credits, and income, gift and estate taxes, will apply to same sex couples regardless of where they live.
The Human Rights Campaign responds:
“With today’s ruling, committed and loving gay and lesbian married couples will now be treated equally under our nation’s federal tax laws, regardless of what state they call home,” said Human Rights Campaign President Chad Griffin. “These families finally have access to crucial tax benefits and protections previously denied to them under the discriminatory Defense of Marriage Act.”
The ruling does not apply to those in registered domestic partnerships or civil unions. So, for states like New Jersey, where the governor is trying to argue that civil unions are equal to full marriage – this underlines how civil unions and domestic partnerships fall short of full equality.
It’s looking like Hawaii still doesn’t have the votes to pass marriage equality in the state House:
State House Speaker Joseph Souki said today that Gov. Neil Abercrombie informed him that he was not ready to call a special session on gay marriage.
Souki would not say whether the House had the votes for a gay marriage bill after House Democrats met in private caucus to discuss a special session. The governor had been waiting for a House vote count before making his decision on a special session. The state Senate has the votes for a gay marriage bill.
When you have the votes, you call the vote. With all the support in the state legislature plus the Governor, you can trust there would be a special session if the votes were there.
UPDATE: According to the AP, Gov. Neil Abercrombie on Wednesday presented state lawmakers with a draft of legislation that would legalize gay marriage in Hawaii.
Abercrombie told reporters he would not rush a special session, or call one without lawmakers having a clear idea of what to do.
“I’m simply not going to consider a special session if it becomes something that gets dragged out and a recycling of previous history,” he said. “The bill’s there, we’re going to make ourselves available.”
He said his administration would let lawmakers digest the bill, and then discuss whether to have a special session.
According to an 18-page draft of the legislation released by Abercrombie’s office, Hawaii would begin issuing licenses Oct. 3, with ceremonies allowed to begin Nov. 1.
With all the same-sex marriage activity in New Mexico, the issue of marriage licenses that were briefly issued back in 2004 by the Sandoval County clerk have come back to the forefront, and there’s good news:
Attorney General Gary King says marriage licenses issued to same-sex couples in 2004 in Sandoval County remain valid.
King said Wednesday that licenses issued by a county clerk are “presumptively valid” unless voided by a court.
King delivered the non-binding advice in a letter to the current Sandoval County clerk, who found that some of the 2004 licenses recorded in the clerk’s office were labeled as void or invalid.
King said a county clerk is responsible for issuing marriage licenses but “New Mexico law plainly does not provide county clerks with the rights to invalidate marriages.”
Former Sandoval County Victoria Dunlap issued more than 60 licenses on Feb. 20, 2004, but stopped later the same day after then Attorney General Patricia Madrid objected.