Marriage Equality

Stay in Hope: Remarks by Minister Leslie Watson Malachi on Marriage Equality

Minister Leslie Watson Malachi, director of African American Religious Affairs at People For the American Way, delivered the following remarks to those supporting marriage equality in front of the Supreme Court today.

I greet you as one who is humbled to stand before you on this day that will be like none other and say celebrate, be glad in it, and keep standing for and with Hope!

Why Hope? As the Director of African American Religious Affairs of People For the American Way, Hope tells us DOMA will not stand but like Goliath, will fall.

Hope says same gender couples, in committed relationships will be recognized and receive those 1100 plus benefits now denied by the federal government. Hope defends what is right, Hope unites people and families, Hope stands with us and for us, and Hope is the American Way!

Why Hope? As an organizer and ally since 1996, Hope kept us waiting for this historic day. Hope gave us a process and a lesson to never take lightly judicial nominations, to make sure voter registration and mobilization is a core value, to rejoice in victories in 2012 from the proclamation from the highest officer holder in this country – President Obama - to 4 states making it 9 states total passing pro-Marriage Equality laws, and that our work in the states is not done.  Hope hasn’t just strengthened those who have always believed in marriage equality. It’s brought others to reconsider their opposition and join us on the side of justice for all. Hope is why we have so many other new and welcomed allies for equality.

Why Hope? As a Christian, during this Holy Week, from our sacred text “hope that is seen is not hope”, so you have had and must hold on with unwavering confidence that help has arrived, is sitting in between the walls of the highest court of this nation, and speaking into existence freedom that will no longer be denied.

And finally, why Hope? As an African American woman, on behalf of the Equal Justice Task Force of African American Ministers In Action, Hope says the enemy is a liar when they say African Americans and lesbian, gay, bisexual, and transgender (LGBT) people are two separate - even hostile – communities, for “no weapon shall be forged against us” and no wedge can be driven between those who know oppression, discrimination, denial of basic civil and human rights.  Hope connects the civil rights movement to the gay rights movement, the yesterday to today, the hopeful to the hopeless.

So Beloved, stay in Hope! Stay in Hope I say for if the Justices are about the business of justice, then they will speak against hate, division, intolerance, and barriers to “life, liberty and the pursuit of happiness” and strike down the Defense of Marriage Act.

Stay in Hope for my sacred text tells us what “man meant for harm, God intends for good”.

In this pivotal moment in our country's history, we must stand on the side of compassion and equality rather than on the side of oppression and discrimination. And that’s why we’re all out here on the steps of the Supreme Court today.

I leave you with these words, stay in Hope because it was the late Senator Ted Kennedy who said, and prayerfully he won’t mind me playing with it a little bit, “ For all those whose dreams have been our concern (to defeat all forms of discrimination), the work goes on (we are not going to stop trying until gay and lesbian Americans across the country have full legal equality), the cause endures (freedom to be, freedom to love, just freedom), the hope still lives ( I say again hope still lives), and the dream (for all persons to marry the person they love) shall never die.”

Be encouraged! Have faith. Expand love. Know peace. And may Hope, which is never silent, always be with you!

 

 

PFAW

Rallying for Marriage Equality – Now

“What do we want?  Equality!  When do we want it? Now!”

This morning PFAW staff and members joined a crowd of thousands gathered in front of the Supreme Court to chant, march, and speak out in support of marriage equality.  As Supreme Court Justices heard the first round of oral arguments on the marriage cases before them this term, multitudes of supporters gathered on the Court steps to share a simple message: our country is ready for marriage equality.

Today, the Court heard arguments on California’s anti-gay Proposition 8. Tomorrow, it will be considering the federal Defense of Marriage Act (DOMA). In the weeks leading up to today, we have been asking friends of PFAW to share why dumping DOMA is important to them.  As I stood out at the rally this morning, I thought about all of the people who had been brave enough to share their story with us – and what this day meant to each of them.

For Bishop Allyson Abrams, a member of PFAW’s African American Ministers in Action, it’s time to dump DOMA “because it hurts and humiliates those who know love and who practice showing it each and every day.”  For Sam Paltrow, member of affiliate PFAW Foundation’s Young People For Program, DOMA has to go because it “teaches that gay families do not matter,” and for Young People For member Erik Lampmann, it’s an “issue of economic justice.”  Missoula City Councilmember Cailtin Copple, member of affiliate PFAW Foundation’s Young Elected Officials Network, “would like the chance to marry the person [she] loves someday.” 

While each person at the Supreme Court rally today – and those at the marriage rallies in all 50 states across the country – had a different reason for being there, we had a common goal:  Equality.  Now.

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

Why It’s Time to Dump DOMA: Jen Herrick

This piece is the seventh 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.

Nine years ago, as I was preparing to leave Ohio University, I said goodbye to Adam, one of my best friends. I remember writing to him in a card that I hoped our husbands would someday get to meet. That November – November 3, 2004 to be precise – I was on the phone with him, and he was heartbroken at what for many was a difficult election (including Ohio passing a state constitutional amendment limiting marriage to the union of one man and one woman).

Fast forward to 2011, and a visit with Adam and his partner of several years, Michael. Marriage equality came up in conversation. It seemed to us to be possible but still five or ten years away.

Then came 2012. In May, President Obama affirmed his support for the freedom to marry of same-sex couples. In December, the Supreme Court agreed to hear cases challenging California’s Proposition 8 and the federal Defense of Marriage Act.

With oral arguments looming at the end of the month, Adam’s reaction to the President’s announcement rings ever more true:

THANK YOU President Obama! Those of you who know Michael and I: we have such an incredibly strong, stable, loving relationship. Opening our relationship up to marriage does nothing but STRENGTHEN the institution!

That’s exactly why we should dump DOMA.

Yes, dumping DOMA is just one step on the long road to marriage equality. But it’s an important step, and one that’s many years overdue. DOMA unconstitutionally defines marriage for all federal purpose as the union of one man and one woman. That means that legally married couples in nine states and the District of Columbia are denied the more than one thousand rights and benefits that the federal government ties to marriage. That means that these couples and families aren’t afforded the safety and security that comes along with many of those rights. That means that they are discriminated against based solely on their sexual orientation.

That means that if Adam and Michael were to legally marry, despite progress made under the Obama administration, the federal government – bound by the discrimination enshrined in law – would have no choice but to turn its back on them in most cases.

That is not right. Dump DOMA.

Jen Herrick, Senior Policy Analyst
People For the American Way

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

Why It’s Time to Dump DOMA: Reverend Charles Williams II

This piece is the fifth 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.

Is it wrong for committed couples to share retirement and medical benefits? Is it wrong for Americans to expect to receive equal justice under the law?

No, but it is wrong for our government to dictate who we can love and who we cannot. It is wrong for our government to recognize some married couples and not others. But that is exactly what the Defense Of Marriage Act does.

Marriage equality doesn’t hurt anybody or take away anybody’s freedoms. But DOMA does both of those things. Supporters of DOMA sound dangerously like those who said we should outlaw interracial marriages in the previous century. It’s time for this country to say we are done with DOMA and dump it.

Reverend Charles Williams II
Member of People For the American Way’s African American Ministers In Action

PFAW

Why It’s Time to Dump DOMA: Erik Lampmann

This piece is the fourth 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.

Attending weddings is always an interesting phenomenon for queer Americans. We might celebrate in the festivities, box out our cousins for the bouquet or present a toast. Yet, for most queer people, myself included, there remains the thought in the back of our minds that -- try as we might -- a federally-recognized marriage is largely beyond our grasp. While I’m not sure when or if I’ll ever try to marry, I am committed to ensuring that American society treats all partnerships as equally valid under the law. Under the Defense of Marriage Act of 1996 (DOMA), the federal government denies married same-sex couples every one of the 1,000+ federal legal protections that marriage affords and institutionalizes a negative stigma of lesbian, gay, bisexual, trans, and queer/questioning (LGBTQ) people.  For these reasons alone,  DOMA is antithetical to a “free” America where all citizens are seen as equal under the law.

DOMA’s effects extend even further, however. For instance, the repeal of DOMA is also an issue of economic justice. Because DOMA prevents queer couples from filing their taxes together and sharing health benefits, these couples often pay more than heterosexual couples for the same services and opportunities. DOMA not only prevents same-sex couples from taking on the full benefits and responsibilities of marriage, it penalizes them financially.

The question of whether to “Dump DOMA” is clear for me. As more and more Americans favor marriage equality and as courts reject its reasoning, it’s only a matter of time before all Americans are afforded equal marriage rights under the law. I believe the “arc of history bends towards justice,” and I believe this is a time for all Americans to stand with their queer family, friends, and community members against injustice. DUMP DOMA TODAY!

Erik Lampmann, University of Richmond
Member of affiliate People For the American Way Foundation’s Young People For Program

PFAW

Why It’s Time to Dump DOMA: Caitlin Copple

DOMA’s Days Are Over
 

This piece is the third 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.

All Americans deserve equal treatment under the law. The President has acknowledged that, as have the nine states (plus the District of Columbia) that allow gays and lesbians to marry. A number of other states offer some form of relationship recognition status. But thanks to DOMA, the federal government doesn’t recognize all legally married couples, and states can refuse to recognize same-sex marriages from other states.  And in Montana, same-sex couples can’t get married to begin with. That's why I care about dumping DOMA.

I'm queer and would like the chance to marry the person I love someday. Heck, I've got a master's degree and was elected to the City Council at age 28, but I'm not to be trusted with a lifelong commitment? All loving couples should have access to the legal protections they need to take care of each other, and I don't feel like I should have to move to a city to be myself and have the kind of life I want.

I'm a fourth generation Idahoan and now a proud Montanan, and I want to raise my kid in a place where they can hike, climb, backpack, fish, and hunt just a few minutes from home. Most Montanans value fairness and dignity. They judge you more by how you treat your neighbor than what you do in the privacy of your own bedroom. They believe in following the law. I think my fellow Montanans will come around when they see the sky doesn't fall when committed same-sex couples tie the knot.

So let's do it. Let's dump DOMA, and allow all Americans to pursue happiness by marrying the person they love.

Caitlin Copple, Missoula, MT City Councilmember
Member of affiliate People For the American Way Foundation’s Young Elected Officials Network

PFAW

Why It’s Time to Dump DOMA: Bishop Allyson Abrams

She Deserves to Be My Wife


This piece is the second 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.

Love. The love of the one who makes us smile, the one who makes us laugh, the one who makes us feel like we are the only person in the world.  The one who makes us wonder, why did God wait to bring this person in our lives?  The one who makes our toes curl and shiver every time we think about them, hear their voice, see their face, or have intimate moments. Yes, love is what every human being should be afforded while on this earth and on this journey called life. And once we find that true love, we want to make it official and spend the rest of our days enjoying them and experiencing life with them. However, it seems that some people only believe that this bliss or joy should be extended to those of different genders.

The first time I heard the word “partner” for same-sex couples, my friend referred to her mate in that way. I must admit, I questioned how could this term be appropriate for same-gender loving couples. Was it a business relationship? To me, partner is so formal, while wife or husband is so personal. And who refers to the one they love in a formal way? The ones we love we call “baby,” “sweetie,” “honey,” “sugar,” “darling,” and “my dear.” It seems to me that this “partner” term was given to those same-gender loving couples to diminish the true love and awesome power that they experience when being with one another. Yes, there is a partnership involved.  But I think it’s time to recognize that same-sex couples are as “qualified” for marriage as heterosexual couples. Love in my faith tradition is represented in heart, soul and spirit.  It is that love – that love that binds and unifies heart to heart and spirit to spirit that obligates me to say to my friend, “Yes, you have a partner and you also have a wife.”

We are in the 21st century, and the way I see it, it’s time to dump DOMA simply because it discriminates against those who deserve to have their relationships recognized in whatever way they choose – which should include as marriages. It’s time to dump DOMA because it hurts and humiliates those who know love and who practice showing it each and every day. It’s time to dump DOMA because it alienates and afflicts those who love with their heart and are simply in need of their rights being extended to them. It’s time to dump DOMA and celebrate the manifestation of love in every relationship.   It’s time to afford every human the opportunity to marry and be respected as loving families who contribute to the wonderful world that God created and are a part of making it go around.

Dump it, and create a better world for all human-kind!

Bishop Allyson Abrams
Member of People For the American Way’s African American Ministers In Action

PFAW

Why It’s Time to Dump DOMA: Sam Paltrow

This piece is the first 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.

Jon Stewart once said he was fine with gay people getting married, and even fine with them having children, but…“two Jewish mothers?”

I am the twin sister of a brilliant, if sometimes hard to understand, Princeton computer science and philosophy major. I am a product of the New York City public school system and a junior at Oberlin, a small liberal arts college in Ohio. I am a twenty-year-old woman and I am the daughter of two strong and courageous Jewish women.

Since the Supreme Court announced it would take the case of 83-year-old Edith Windsor, a case challenging the federal Defense of Marriage Act, many wonder if marriage equality is in the near future. Edie Windsor, a widow after 40 years with her partner Thea Spyer, was saddled with a federal estate tax bill of $363,000 when her partner Thea passed away. This story is deeply moving and familiar in the concerns it raises. My family also deals with what we call the “gay” tax. We pay thousands of extra dollars each year so one of my moms can be covered by the other’s health insurance plan. If they were married, it would be free. Both of my moms had to buy extra life insurance, because if one died we wouldn’t be able to afford the "gay" federal estate tax imposed on us from the ownership transfer of our apartment. If my parents were married, it would be inherited with no taxes at all.

People ask me all the time what it was like growing up with two moms and I always answer the same way. Instantly defensive, as the self-proclaimed spokesperson for what my moms call the “first generation of gaybies,” I say that growing up with two moms is not different at all. I was lucky, I reply, to have two loving parents at all, and their parenting – not their gender – is what has made the most difference in my upbringing.

And I mean it.



But the truth is, it’s also different – the differences are just harder to talk about. Having two moms has meant that people have questioned my sexuality and my brother’s sexuality. It has meant that people have questioned the way I was raised. It has meant that people feel justified in openly discussing and sharing their opinions about my personal life. It has meant having to consciously decide in every new group whether to cautiously mention ‘my moms’ or to safely and cowardly stick with ‘my parents.’ It has meant hiding part of my identity.

When Mitt Romney said that he “didn’t know they had families,” referring to same-sex couples, I was shocked and then horrified. How could a man running for president not know families like mine exist? How could he erase families like mine from his view of America?

We need to dump DOMA now to let the whole of the United States know that such discrimination and misinformation is harmful to LGBT families. Legal advocates sometimes point to unfair taxation to explain why DOMA is unconstitutional, but the problem goes beyond monetary inequality. DOMA has to go, not just because of my family or because of extra taxes, but because of the bigger message it sends.  DOMA has to go because it teaches that our country can devalue some people while taxing them more. It teaches that gay families do not matter.

Sam Paltrow, Oberlin College
Member of affiliate People For the American Way Foundation’s Young People For Program

PFAW

Justice Scalia’s 7 Worst Anti-Gay Statements

On Friday, the Supreme Court agreed to hear two landmark cases on marriage equality. Yesterday, Justice Antonin Scalia reminded us again why gay rights advocates, to put it mildly, aren’t counting on his vote.

Scalia is the Supreme Court’s most outspoken opponent of gay rights. He led the dissent to the two major gay rights decisions of his tenure on the Court, the decisions to strike down Texas’ criminal sodomy law and to overturn Colorado’s ban on local anti-discrimination measures. And in his spare time, he minces no words about his uncompromising opposition to gay rights. Here are seven of his most egregious anti-gay statements:

  • Compares bans on homosexuality to bans on murder: Yesterday, Scalia asked a gay law student, “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”
     
  •  …and to bans on polygamy and animal cruelty: In his dissent to the Colorado case, Romer v. Evans, Scalia wrote, “But I had thought that one could consider certain conduct reprehensible--murder, for example, or polygamy, or cruelty to animals--and could exhibit even 'animus' toward such conduct. Surely that is the only sort of ‘animus’ at issue here: moral disapproval of homosexual conduct, the same sort of moral disapproval that produced the centuries old criminal laws that we held constitutional in Bowers.”
     
  • Defends employment and housing discrimination: In his dissent to Lawrence, the decision that overturned Texas’ criminal sodomy law, Scalia went even further, justifying all kinds of discrimination against gays and lesbians: “Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive. The Court views it as ‘discrimination’ which it is the function of our judgments to deter.”
     
  • Says decision on “homosexual sodomy” was “easy” because it's justified by long history of anti-gay discrimination: In a talk at the American Enterprise Institute earlier this year, Scalia dismissed decisions on abortion, the death penalty and “homosexual sodomy” as “easy”: “The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion,” he said. “Homosexual sodomy? Come on. For 200 years, it was criminal in every state.”
     
  • Says domestic partners have no more rights than “long time roommates”:  In his dissent in Romer, Scalia dismissed the idea that a law banning benefits for same-sex domestic partners would be discriminatory, saying the law “would prevent the State or any municipality from making death benefit payments to the ‘life partner’ of a homosexual when it does not make such payments to the long time roommate of a nonhomosexual employee.”
     
  • Says gay rights are a concern of “the elite”: In his Romer dissent, Scalia lashes out at the majority that has upheld gay rights: “This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality is evil.“
     
  • Accuses those who disagree with him of supporting the “homosexual agenda”: Lifting a talking point straight from the far right, Scalia accused the majority in Lawrence of being in the thrall of the “homosexual agenda”: “Today’s opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”
PFAW

Election Is Mandate for Policies Grounded in Progressive American Values

The American people have made their choice -- a resounding victory for President Obama and Vice President Biden and a mandate for their policy agenda.
PFAW

Endorsements Cite Supreme Court

Overwhelming majority of endorsements cite the Supreme Court as an enormous contributing factor to keeping President Obama in office.
PFAW

Another Federal Court Strikes Down DOMA

A conservative George H. W. Bush nominee on the 2nd Circuit Court of Appeals authored a strong decision today declaring section 3 of the discriminatory Defense of Marriage Act unconstitutional. Earlier this year, a federal district court judge in Connecticut, that one a Bush-43 nominee, also declared the law unconstitutional. So did a unanimous panel of the First Circuit Court of Appeals.

The case before the 2nd Circuit was that of Edith Windsor, an octogenarian in New York who lost her wife in 2009; they had been together for forty years. The New York Civil Liberties Union, which is representing Windsor, described her case in a press release this summer:

Windsor and Spyer lived together for more than four decades in Greenwich Village. Despite not being able to marry legally, they were engaged in 1967. In 1977, Spyer was diagnosed with multiple sclerosis, and Windsor helped her through her long battle with that disease. They were finally legally married in May 2007.

When Spyer died in 2009, she left all of her property to Windsor. Because they were married, Spyer's estate normally would have passed to Edie as her spouse without any estate tax at all. But because of DOMA, Windsor had to pay more than $363,000 in federal estate taxes. Payment of the federal estate tax by a surviving spouse is one of the most significant adverse impacts of DOMA since the amount owed, as was true in this case, is often quite substantial.

"Edie Windsor, who recently celebrated her 83rd birthday, suffers from a serious heart condition," said Roberta Kaplan, a partner at Paul Weiss and counsel to Windsor. "Because the District Court's ruling in her favor is entitled to an automatic stay of enforcement, Edie cannot yet receive a refund of the unconstitutional estate tax that she was forced to pay simply for being gay. The constitutional injury inflicted on Edie should be remedied within her lifetime."

The 2nd Circuit opinion leaves no ambiguity as to the discriminatory harm done by section 3 of DOMA. Ian Millhiser at Think Progress pulls out this paragraph of the decision:

[W]e conclude that review of Section 3 of DOMA requires heightened scrutiny. The Supreme Court uses certain factors to decide whether a new classification qualifies as a quasi-suspect class. They include: A) whether the class has been historically “subjected to discrimination,”; B) whether the class has a defining characteristic that “frequently bears [a] relation to ability to perform or contribute to society,” C) whether the class exhibits “obvious, immutable, or distinguishing characteristics that define them as a discrete group;” and D) whether the class is “a minority or politically powerless.” Immutability and lack of political power are not strictly necessary factors to identify a suspect class. Nevertheless, immutability and political power are indicative, and we consider them here. In this case, all four factors justify heightened scrutiny: A) homosexuals as a group have historically endured persecution and discrimination; B) homosexuality has no relation to aptitude or ability to contribute to society; C) homosexuals are a discernible group with non-obvious distinguishing characteristics, especially in the subset of those who enter same-sex marriages; and D) the class remains a politically weakened minority.

That’s an unambiguous indictment of DOMA and of all laws that discriminate against gays and lesbians. Nevertheless, House Speaker John Boehner, who has now spent $1.5 million taxpayer dollars in an attempt to defend DOMA, is likely to appeal the case to the Supreme Court. But the easier option, as PFAW president Michael Keegan points out in a statement today, would be for Congress just to repeal DOMA. It’s done enough harm to millions of people like Edie Windsor, and its effects will become clearer as more and more gay and lesbian couples are allowed to marry, and find that their marriages aren’t recognized by the federal government.

PFAW