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Showing posts with label DOMA. Show all posts
Showing posts with label DOMA. Show all posts

Wednesday, July 20, 2011

BREAKING: Obama supports bill to end DOMA

Another baby-step by Obama. I don't understand why he doesn't just come out and say it. I guess there is a difference between saying that he supports treating lawfully wedded people equally vs full marriage equality--you have to somehow get married somewhere first.
The White House on Tuesday publicly supported a bill that would repeal the Defense of Marriage Act, which the Obama administration has opposed.

The Senate Judiciary Committee is scheduled Wednesday to hear testimony about the marriage legislation, the Respect for Marriage Act, introduced by Sen. Dianne Feinstein.

“The president has long called for the legislative repeal of the so-called Defense of Marriage Act,” White House press secretary Jay Carney told reporters. “He is proud to support the Respect for Marriage Act.”

Obama has said he supports efforts to repeal DOMA, calling it a “discriminatory” law that violates the Constitution. “It’s time for us to bring it to an end,” he said at a reception for LGBT pride month in June.

He has yet to publicly support gay marriage.


Source.

Tuesday, July 05, 2011

DOJ: DOMA is 'unconstitutional'

Via Metro Weekly:

In a brief filed on behalf of the Office of Personnel Management and other federal defendants, DOJ acknowledged the U.S. government's "significant and regrettable role" in discrimination in America against gays and lesbians.

The summary of the DOJ argument that Golinski's case should not be dismissed begins simply: "Section 3 of the Defense of Marriage Act, 1 U.S.C. Section 7 ('DOMA'), unconstitutionally discriminates."
The brief as file as a result of a lawsuit brought about by a federal court employee seeking equal health benefits for her wife. According to the article, this is the strongest language ever used in a brief.

Tuesday, June 14, 2011

Bankruptcy Court Rules DOMA Unconstitutional

Via San Diego Gay and Lesbian News:

LOS ANGELES -- The U.S. Bankruptcy Court for the Central District of California ruled late Monday that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, granting a legally married gay couple a joint Chapter 13 bankruptcy.

The court concluded:

The Debtors have demonstrated that DOMA violates their equal protection rights afforded under the Fifth Amendment of the United States Constitution, either under heightened scrutiny or under rational basis review. Debtors also have demonstrated that there is no valid governmental basis for DOMA. In the end, the court finds that DOMA violates the equal protection rights of the Debtors as recognized under the due process clause of the Fifth Amendment.

I don't know what the legal implications of this is, but it seems to me that eventually one of these court cases will reach the Supreme Court and they will have to rule in our favor since the current laws clearly shows that there is a bias against a group of people in terms of how the law is applied across the states.