Defense of Marriage Act

Kentucky Marriage Ban Struck Down

Continuing the unbroken record of marriage equality wins since last year’s Supreme Court ruling against DOMA in the Windsor case, today a federal judge ruled unconstitutional Kentucky’s ban on marriage for same-sex couples.

District Judge John G. Heyburn II wrote:

In America, even sincere and long-held religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.

He dismissed the opposing arguments — including that the ban was good for the state’s economic stability and birth rates — out of hand, noting, “These arguments are not those of serious people.”

The judge has stayed the ruling for now, meaning that Kentucky couples can’t immediately begin marrying. But the decision is a significant victory for LGBT families in the Bluegrass State, where activists have fought courageously for equal rights for many years. Congratulations, Kentucky!

PFAW Foundation

Marriage Equality Ruling in Arkansas Welcomed by Southerners for the Freedom to Marry

Wolfson and his organization have been working on a project called Southerners for the Freedom to Marry, and though we expect an appeal to the Arkansas ruling, it looks like the South is ready for change.
PFAW Foundation

Breaking News: Marriage Equality Coming to New Jersey

Just moments ago we heard that the New Jersey Supreme Court has refused to stay that ruling – meaning that marriage equality comes to New Jersey at 12:01 am this Monday, October 21.
PFAW

Windsor's Echoes in New Jersey

With DOMA gone, a New Jersey trial court rules that the state's civil unions are no longer equal to marriage.
PFAW Foundation

Scalia Claims Courts "Invent New Minorities"

Scalia tells the Federalist Society that "it's not up to the courts to invent new minorities that get special protections."
PFAW Foundation

Dumping DOMA: The Next Step

PFAW is a strong supporter of the Respect for Marriage Coalition and applauds Representative Nadler, Senator Feinstein, and their 200 bipartisan cosponsors for taking swift action to dump DOMA.
PFAW

Supreme Court Dumps PART of DOMA

The Supreme Court today ruled that the core section of the so-called Defense of Marriage Act violates the Constitution’s guarantee of equal protection under the law. DOMA’s Section 3, which the Court vacated, prevented the federal government from recognizing same-sex marriages performed in the states, thereby hitting legally married gay and lesbian couples with extra taxes and depriving them of a slew of federal protections.

People For the American Way Foundation president Michael Keegan said of the Supreme Court’s ruling: “Today’s  DOMA ruling is a profound step forward for loving, committed same-sex couples across the country. The decision is premised on the plain fact that there is no good reason for the government to recognize some legally married couples while discriminating against others.”

PFAW launched a campaign to “Dump DOMA” in 2008. Since then, our petition calling on Congress to repeal the discriminatory law  has gathered 230,000 signatures.

But the effort to overturn DOMA is not over. While Section 3 was the law’s most damaging provision, DOMA’s Section 2, which says that states don’t have to recognize same-sex marriages performed in other states, still stands. We will continue to work to overturn the remainder of DOMA and ensure that all gay and lesbian Americans have the right to marriage, no matter which state they make their home.

While our work continues, today’s decision represents a historic turning point for equality.  DOMA will no longer tear apart binational couples. It will no longer impose a “gay tax” on legally married same-sex couples. It will no longer deny benefits to same-sex spouses of federal employees. It will no longer deny gay and lesbian veterans benefits for their spouses.

The story of Edith Windsor, the plaintiff who brought DOMA to the Supreme Court, and Thea Spyer, her late wife and partner of 40 years, illustrates what this decision will mean to so many Americans:
 

PFAW

DOMA Decision Slices Right Wing Talking Point on Referendums

Today's opinion shatters the ridiculous right-wing line that marriage equality laws are illegitimate without a referendum.
PFAW Foundation

For LGBT Seniors Fighting DOMA is About Economic Survival

For the elderly, the fight against DOMA often isn’t only a question of receiving federal recognition for a marriage – it’s also a question of basic economic survival.
PFAW

Inside the Supreme Court, Bearing Witness to History

Yesterday, I was privileged to have been able to get a seat at the Supreme Court and witness a historic moment for equality.
PFAW

Rallying for Marriage Equality – Day Two

What has stood out most for me from this experience is seeing the real people behind these cases. Yesterday, I waited at the Court until attorneys David Boies and Ted Olson walked down those famous steps with the Proposition 8 plaintiffs, Kristin Perry and Sandra Stier, and Paul Katami and Jeffrey Zarrillo. Today, I watched as Edie Windsor, at 83 years old, made that same walk, to loud cheers and applause and chants of “Edie! Edie!” In return, we all got a wave and a kiss blown our way.
PFAW

Why It’s Time to Dump DOMA: Paul Gordon

This piece is the eighth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.

At the end of 2008, my husband and I were married in the same synagogue where I’d had my bar-mitzvah more than three decades earlier.  As a 13 year-old in the 1970s, I read from the Torah and spoke to the congregation about letting the people we love know how much we love them. But as a closeted 13 year-old, I never dreamed that 30 years later, I’d be standing in the same chapel, with all the same people who are dearest to me, publicly professing my love for another man. Rick and I were surrounded by family and married in the traditions of our faith. And as we drank from the Kiddush cup, we adapted a practice from the Passover Seder; since Prop 8 had just passed, we removed eight drops of wine as a symbol that our joy was diminished by the suffering caused by marriage discrimination.

Passover is my favorite holiday because it is about living in a just society.  It teaches us to welcome the stranger, because “we were strangers in the land of Egypt.” It is a lesson that, unfortunately, must be learned and relearned, as every society has those whom it unjustly treats as outcasts.

It’s appropriate that the Supreme Court will be hearing oral arguments in both the Prop 8 and Defense of Marriage Act cases during the week of Passover. Although the Constitution uses the language of “equal protection” instead “strangers in the land of Egypt,” the underlying values are the same. It is wrong – and unconstitutional – for states to prohibit us from marrying and for the federal government to refuse to recognize our marriages. What better time than Passover to dump DOMA and strike down Prop 8?

Paul Gordon, Senior Legislative Counsel
People For the American Way

PFAW

Senator Portman’s change of heart and the legacy of Harvey Milk

Why did Senator Portman’s change of heart take two years? Why has he continued to support the anti-gay policies of his party? There’s a lot of debate on both points, but one thing is certain: it was his son’s own coming out that forced the Senator to come out in support of marriage equality, and to do that interview and write that op-ed.
PFAW

PFAW is United for Marriage

Marriage equality will be before the Supreme Court on March 26 and 27. PFAW will be there with the United for Marriage coalition. You can join us in DC or attend an event near you.
PFAW

Why It’s Time to Dump DOMA: Valeria Carranza

This piece is the sixth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.

Growing up as a gay woman in a conservative Salvadoran household was like being the protagonist in one of the telenovelas that I used to watch with my Maminena, my grandma. Thankfully, here in Maryland, being gay is no longer an obstacle to marrying the love of my life.

After a hard-fought battle, my girlfriend and I now have the right to say, “I do.”

Unlike most economic development initiatives, tax increases, and transportation projects, our ability to marry was taken to the polls and put to a vote. Marriage for same-sex couples is still treated like an earned privilege rather than a given right. While we won the right to marry in Maryland, thanks to DOMA our marriage would not be recognized under federal law.

My relationship, under this law, does not count. DOMA is a vehicle for discrimination and it hurts our families.
 
When thinking about equality, whether it’s equal protection under federal law, marriage equality or equal protection for our transgender community, two words come to mind: unconditional love.

 

 

 

 

 

 

 

 

 

 

Unconditional love. That is what equality means to me: unconditional love for our community, constituents, neighbors, co-workers, schoolmates, friends, family members. Because when you truly love, you don’t let discrimination and injustice take place in your community – or in your country.

The Defense of Marriage Act is just as outdated as the concept of “traditional marriage” being restricted to heterosexuals only. It’s time to dump DOMA – let unconditional love take its place.

Valeria Carranza
Alumna of affiliate People For the American Way Foundation’s Front Line Leaders Academy

 

PFAW

PFAWF’s African American Ministers Leadership Council Submits Amicus Briefs in Marriage Equality Cases

Last week the Equal Justice Task Force of the African American Ministers Leadership Council, a program of People For the American Way Foundation, joined with a broad coalition of organizations in filing amicus briefs for the marriage equality cases being considered by the Supreme Court.  These cases – Hollingsworth v. Perry, which challenges California’s Proposition 8, and Windsor v. U.S., which challenges Section 3 of the Defense of Marriage Act (DOMA) – represent landmark opportunities for our nation to move toward making marriage equality a reality for all Americans. 

“As African American faith leaders, we feel it is our responsibility to question hatred and discrimination wherever it happens – and especially in our laws,” said Minister Leslie Watson Malachi, Director of the African American Ministers Leadership Council. “Laws singling out and preventing same-sex couples from getting married are blatantly discriminatory and they hurt our communities. These amicus briefs voice our support for equal rights and equal justice for all of God’s children.”

The amicus brief for the Hollingsworth case, a continuation of the 2010 brief PFAW Foundation submitted when the 9th Circuit Court of Appeals reviewed the case, exposes the discriminatory nature of the supposedly “moral” rationales for Proposition 8:

This Court has refused for three-quarters of a century to uphold laws disfavoring minority groups based on religious or moral disapproval alone—with the one, now-discredited exception of Bowers v. Hardwick, 478 U.S. 186 (1986). And for good reason: Time and again throughout our nation’s history, laws that disadvantaged or degraded particular groups have been justified by resort to morality and religion. And time and again, our society has come to see those laws as repugnant, and the religious and moral disapproval justifying them as little more than a means to enshrine the status quo.


Likewise, the amicus brief for the Windsor case points out:

This Court has long implicitly acknowledged the connection between religious justifications and the Equal Protection guarantee. The Court’s decision overturning Virginia’s law forbidding marriage between persons of different races is illustrative. In Loving v. Virginia, the Court dismissed the Virginia trial judge’s proffered religious-based rationale, which cited God’s hand in creating different races, recognizing instead that “[t]here is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.” 388 U.S. 1, 11 (1967). Ultimately, the Court recognized that the anti-miscegenation law served no secular purpose, and was based on nothing more than racial discrimination—even if disguised as a moral or religious belief.


As these briefs highlight, discrimination – even if cloaked in the language of religious or moral beliefs – is still discrimination.

PFAW Foundation

The Circuit Court's DOMA Decision and the 2012 Election

Mitt Romney has made clear that his judicial nominees would not protect Americans' rights like the Second Circuit did yesterday.
PFAW