Marriage Equality

Breaking: Judge Strikes Down Ban on Same-Sex Marriage in Utah

Adding to this week’s great news on marriage equality, today U.S. District Court Judge Robert J. Shelby struck down Utah’s same-sex marriage ban, which was put into the state constitution by referendum in 2004.

One of the far right’s standard attacks on the increasing number of judicial opinions striking down discriminatory marriage laws is that judges are “redefining marriage” and “usurping the legislature.”  No doubt they will do so again in this case.  Fortunately, Judge Shelby opens his opinion with a brief but important explanation of how the American constitutional system works:

The issue the court must address in this case is therefore not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution.…

[T]he legal issues presented in this lawsuit do not depend on whether Utah’s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself…

In his opinion, Judge Shelby also takes apart the harmful, bogus argument that preventing same-sex couples from marrying somehow “elevate[s] the status of opposite-sex marriage”:

Rather than protecting or supporting the families of opposite-sex couples, Amendment 3 perpetuates inequality by holding that the families and relationships of same-sex couples are not now, nor ever will be, worthy of recognition. Amendment 3 does not thereby elevate the status of opposite-sex marriage; it merely demeans the dignity of same-sex couples. And while the State cites an interest in protecting traditional marriage, it protects that interest by denying one of the most traditional aspects of marriage to thousands of its citizens: the right to form a family that is strengthened by a partnership based on love, intimacy, and shared responsibilities. The Plaintiffs’ desire to publicly declare their vows of commitment and support to each other is a testament to the strength of marriage in society, not a sign that, by opening its doors to all individuals, it is in danger of collapse.  (Emphasis added.)

Congratulations, Utah!

PFAW

New Mexico Becomes 17th Marriage Equality State

It has been quite a year for marriage equality. Today the New Mexico Supreme Court ruled unanimously that the state is required by its constitution to allow same-sex couples to marry. This means that New Mexico joins the impressive list of states that legalized marriage for same-sex couples in 2013 alone, including Delaware, Hawaii, Illinois, Minnesota, New Jersey, and Rhode Island, and becomes the 17th state in the country to legalize marriage equality.

As the march toward full equality nationwide continues with today’s victory in New Mexico, the momentum is undeniable. PFAW will continue to advocate for marriage equality until every couple can access the protections necessary to take care of each other for a lifetime.
 

PFAW

Hawaii to Become Marriage Equality State

At the beginning of last year, freedom to marry for same-sex couples was the law of the land in only six states and DC. Now, in less than a two-week span, Illinois and Hawaii have become the 15th and 16th states set to join a fast-growing list.

State senators in Hawaii today gave final approval to a marriage equality bill, and Gov. Neil Abercrombie has said he will sign it into law. Following his signature, same-sex couples will be able to marry in Hawaii beginning Dec. 2. Civil unions have been available since January of last year, and The Advocate reports that it will be possible to convert those unions into marriages online if couples so choose.

Today’s news is not only a major victory for committed couples in Hawaii, but also an exciting step in the march toward equality nationwide.
 

PFAW

Illinois to Become 15th Marriage Equality State

It’s been an exciting few days for supporters of LGBT equality. Following last night’s Senate cloture vote on the Employment Non-Discrimination Act, today the Illinois House passed a bill allowing same-sex couples to marry, setting the stage for Illinois to become the 15th state in the nation with full marriage equality. One version of the bill has already been passed by the Illinois Senate, and Governor Pat Quinn has promised to sign it. When he does, thirty percent of our nation’s states will have marriage equality.

PFAW has been on the ground in Illinois, supporting the push for marriage equality in any way we can. In addition to providing lobbying training materials so Illinois voters could bring their support for equality directly to their elected officials through calls, emails, and in-person visits, PFAW members joined thousands of friends in the March on Springfield for Marriage Equality last month.

In what the CEO of Equality Illinois has called the “national march toward full recognition of the dignity of all gay and lesbian couples,” Illinois has brought us one state closer to full marriage equality nationwide.  And while 15 states represents real momentum, we won’t stop until every committed couple in the country has access to the legal protections they need to take care of each other and their families.
 

PFAW

Thousands March, Demand Illinois House Vote On Marriage Equality Bill

On a cold, wet Tuesday this week, People For members joined an estimated 2,000 marriage equality supporters at the Illinois State Capitol in Springfield for the March on Springfield for Marriage Equality. For two full hours prior to marching around the capitol complex, activists rallied for same-sex marriage, with major news cameras rolling.  Scores of activists, entertainers, politicians, and faith leaders called on the Illinois House of Representatives to pass SB 10, a bill legalizing marriage for same-sex couples which was passed by the Illinois State Senate early in 2013.


Highlights from the rally included out gay country singer Steve Grand performing his hit “All American Boy,” the Chicago Gay Men’s Chorus and Windy City Gay Choirs, and independent artist Sonia; along with a lineup of other performers and speakers demanding that House Speaker Michael Madigan hold a vote on SB 10.  In the middle of the event, Illinois Governor Pat Quinn made an appearance.  With a pen in hand, Quinn said he was ready to sign the bill into law as soon as the House passes it, evoking a roar from the 2,000 attendees.  U.S. Senator Dick Durbin, Illinois Attorney General Lisa Madigan (daughter of the Speaker), State Comptroller Judy Barr-Topinka, and Secretary of State Jesse White all voiced their endorsements of SB 10.

But the biggest reaction of the day came from keynote speaker Bishop Carlton D. Pearson of the Churches of God In Christ, who called on the Illinois Legislature to “pass the damn bill” and foster a society of fairness, social justice, and inclusion in Illinois.  In the style of a sermon, Pearson delivered a powerful address, apologizing to the LGBT community on behalf of the evangelical Christian community for the lack of compassion previously given to them by some Christian leaders.


Following Pearson’s rousing speech, marchers funneled to the sidewalks surrounding the Capitol Building, at one point nearly completely encircling the complex with their numbers.  Check out this gallery of photos from the rally, and the recorded livestream of the event.

PFAW

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

Corbett Forced To Apologize After Comparing Same-Sex Marriage To Sibling Incest

Pennsylvania Governor Tom Corbett hasn’t been helping his own approval ratings lately.

A Corbett administration legal brief filed on August 28th regarding the state’s same-sex marriage ban seemed to argue that same-sex marriage is analogous to the marriage of two 12-year-olds. Corbett rejected that argument after the fact in a written statement, but then in a TV interview made an even worse analogy. 

On WHY-TV’s ‘Ask The Governor” segment Friday morning, a smirking Corbett called his legal advisors’ analogy ‘inappropriate,’ but then asked the news anchor interviewing him ‘I think a much better analogy would have been brother and sister, don’t you?” 

The shocked news anchor didn’t quite know what to say other than “I don’t know,” and attempted to move on to the next question after saying she was going to leave the comments to Corbett.

Things didn’t get much better from there, with Corbett saying Federal courts shouldn’t get involved in Pennsylvania’s same-sex marriage cases because the U.S. Supreme Court left that decision up to the states, failing to specify what court case to which he was referring.  Later Friday morning Corbett then was forced to apologize for his offensive comparison of same-sex marriage and sibling incest.  Corbett’s approval ratings continue to drop after a stream of self-inflicted gaffes he has made, even when given questions in advance; leading Philadelphia Independent and Watchdog.org reporter Eric Boehm to label the Governor ‘Gaffe-tastic.’

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

Hawaii Governor Calls Special Session on Marriage Equality

If the bill passes, Hawaii would become the 14th state to allow same-sex couples to marry. Such a victory would not only give marriage rights to committed couples in Hawaii, it would also move our nation one step closer to full marriage equality.
PFAW

Corbett's Mixed-Up Priorities, Marriage Equality Edition

Pennsylvania governor Tom Corbett is proving once again that his priorities are out of line with the rest of the state: He just hired lawyer William H. Lamb for $400 an hour to defend a 1996 law banning same-sex marriage in Pennsylvania.

Even though the state’s attorney general declined to fight the case— and even though a majority of Pennsylvanians support marriage equality—Governor Corbett still thinks it’s worth spending $400 per hour of taxpayer money, plus $325 per hour for others in Lamb’s firm working on the case, to stop LGBT Pennsylvanians from being able to marry the person they love. It’s also worth noting that this law firm donated $39,500 to Corbett’s political campaigns between 2004 and 2012. Given the recent revelation that Governor Corbett’s former chief of staff is still being paid despite supposedly resigning, perhaps it shouldn’t be that surprising that Corbett is putting someone else on the government payroll unnecessarily.

Still, why fire your friends or let your discriminatory laws go undefended when you can just cut education funding? Why put your personal and ideological priorities aside, when the state’s children are there to take the hit? I’m sure school kids in Philadelphia won’t mind their ballooning class sizes or their after-school programs being cancelled when they know that money is being put to such good use, fighting a law to prevent people who love each other from being able to marry. Welcome to Tom Corbett’s Pennsylvania. 

PFAW

Governor Corbett's Condescending Anti-Marriage Argument

Pennsylvania governor Tom Corbett has been floundering recently, facing personnel problems and dire poll numbers. But his abysmal public approval ratings aren’t stopping the governor from charging full steam ahead on his extreme agenda. A brief filed by the Corbett administration today in its lawsuit to stop Montgomery County, PA from issuing marriage licenses to same-sex couples argues that gay marriage licenses have no “value or legitimacy,” and that issuing those licenses is just like issuing marriage licenses to 12-year-olds:

“Had the clerk issued marriage licenses to 12-year-olds in violation of state law, would anyone seriously contend that each 12-year-old . . . is entitled to a hearing on the validity of his ‘license’?”

Unfortunately, we’re all too used to this form of argument, where homosexuality’s legitimacy is dismissed or ridiculed by comparing it to any number of things, from bestiality to alcoholism or even murder. Now, we know that the governor of Pennsylvania is also struggling to understand the concept of consent, which is what makes gay marriage actually nothing at all like children getting married: children can’t consent, adults can. These actions show Corbett’s deep misunderstanding of marriage equality, and an inability (or refusal) to see it for what it is. They also show that, despite the great Supreme Court victories for gay rights this year, there’s still a lot of work to do.

PFAW

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

In 2016, Remember This Week at the Supreme Court

It's been a week of mixed emotions for those of us who care about civil rights. There was the elation today when the Supreme Court overturned the so-called Defense of Marriage Act -- the discriminatory law that has hurt so many Americans in its nearly 17 years of existence -- and let marriage equality return to California. There was the anger when the Court twisted the law to make it harder for workers and consumers to take on big corporations. And there was the disbelief and outrage when the Court declared that a key part of the Voting Rights Act that was so important and had worked so well was now somehow no longer constitutional.

But throughout the week, I have been reminded of one thing: how grateful I am that Mitt Romney will not be picking the next Supreme Court justice.

It remains true that this Supreme Court is one of the most right-leaning in American history. The majority's head-in-the-sand decision on the Voting Rights Act -- declaring that the VRA isn't needed anymore because it's working so well -- was a stark reminder of why we need to elect presidents who will nominate Supreme Court justices who understand both the text and history of the Constitution and the way it affects real people's lives.

We were reminded of this again today when all the conservative justices except for Anthony Kennedy stood behind the clearly unconstitutional DOMA. Justice Antonin Scalia -- no stranger to anti-gay rhetoric -- wrote an apoplectic rant of a dissent denying the Court's clear role in preserving equal protection. If there had been one more far-right justice on the court, Scalia's dissent could have been the majority opinion.

Just think of how different this week would have been if Sonia Sotomayor and Elena Kagan were not on the court and if John McCain had picked two justices instead. We almost certainly wouldn't have a strong affirmation of LGBT equality. Efforts to strip people of color of their voting rights would likely have stood with fewer justices in dissent. And the rights of workers and consumers could be in even greater peril.

As the Republican party moves further and further to the right, it is trying to take the courts with it. This week, we saw what that means in practice. As we move forward to urge Congress to fix the Voting Rights Act and reinforce protections for workers and consumers, and work to make sure that marriage equality is recognized in all states, we must always remember the courts. Elections have real consequences. These Supreme Court decisions had less to do with evolving legal theory than with who appointed the justices. Whether historically good or disastrous, all these decisions were decided by just one vote. In 2016, let's not forget what happened this week.

This post originally appeared in the Huffington Post.

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

PFAW Members Join Thousands to Make Minnesota the 12th State with Marriage Equality

Photo credit: City of Minneapolis Facebook

Thousands of Minnesotans streamed into St. Paul Tuesday afternoon to witness history in the making.  Governor Mark Dayton welcomed an estimated crowd of 7,000 equality supporters to watch him sign marriage equality legislation into law, making Minnesota the twelfth state to legalize marriage for same-sex couples.

People For members helped make this historic event happen.  In 2012 PFAW activists joined the fight to vote down an anti-gay ‘one-man, one-woman’ measure on the November ballot.  Following that first step, they continued working hard, joining PFAW ally organizations Minnesotans United and OutFront Minnesota in organizing their neighbors, making phone calls, sending emails, and writing letters to their newspapers, demanding full marriage equality for same-sex couples.

In late April, even a massive Midwestern blizzard didn’t stop hundreds from waving rainbow flags while rallying for same-sex marriage on the steps of the Minnesota State Capitol before heading inside to lobby their legislators.  Last week the big moment finally arrived, as activists from across Minnesota trekked to St. Paul to witness the historic debate of HF 1054 in the MN House.  After a contentious three-hour debate, the bill passed easily on a vote of 75-59, evidence of the measure’s broad bi-partisan support.

On Monday the action moved to the Minnesota Senate chamber.  Once again, PFAW members in their bright red PFAW ‘Equality Now!’ t-shirts joined thousands of marriage equality supporters at noon in the capitol as the MN Senate took up the measure.  A massive crowd packing the rotunda and hallways chanted ‘Vote Yes!’ and sang protest songs, letting Senators know where they stood.  By a vote of 42-45, the Senate voted down a divisive amendment that would have allowed business owners to refuse goods and services to same-sex couples based on religious objections.  The hours-long but respectful debate on the intact same-sex marriage bill resulted in another bipartisan vote; the measure passing 37-30, sending the bill to Gov. Mark Dayton for his signature.

At 5:00 pm yesterday Gov. Dayton and supportive members of the Minnesota Legislature gathered in the 90-degree heat on the front steps to celebrate the historic bill signing.  A deafening roar rose from the crowd as Dayton signed the bill into law.  Following the ceremony, the thousands of equality revelers paraded to downtown St. Paul for a free party thrown by St. Paul Mayor Chris Coleman. The celebration lasted late into the warm spring night. 

PFAW congratulates all Minnesotans and our People For members in celebrating the state’s newly-minted status as the twelfth marriage equality state!
 

 

 

PFAW

Rallying for Marriage Equality in Minnesota

Yesterday, as the Minnesota Senate voted 37-30 to allow same-sex marriages in the state, PFAW and friends expressed their support for marriage equality through signs, chants, and songs:

 

PFAW