Two Competing Marriage Bills in Rhode Island
Two bills are currently before the Rhode Island Senate Judiciary Committee with very different goals regarding same-sex marriage. The first permits gay and lesbian couples to enter into a legal marriage, mirroring the current law in Massachusetts and Connecticut. The second proposes an outright ban on both performing and recognizing same-sex marriages in the state.
A third bill seeks to give Rhode Island the ability to divorce same-sex couples who were married in another state. Family Fairness has recently explored the difficulties couples face when trying to divorce in a different state than the one that married them.
With these new bills, all New England states now permit or are considering permitting same-sex marriages.
Via Boston Globe
Have a question, comment, or response? Share your thoughts.Michigan Appellate Court Orders Lower Courts to Recognize Same-Sex Relationships
While not a victory for marriage -- or even domestic partnerships -- the Michigan Court of Appeals said last Friday that the United States Constitution requires the state to recognize lesbian couple Diane Giancaspro and Lisa Congleton as joint adoptive parents. The court reversed the trial judge who ruled that Michigan's 2004 ban on gay marriage and domestic partnerships prevented the court from overseeing a custody dispute between the lesbian pair.
While the ruling has granted same-sex couples no new rights in the arena of marriage, domestic partnerships, or civil unions, it does mean that Michigan may now recognize a joint parental relationship in same-sex households.
In response to the ruling, the American Family Association of Michigan is planning a ballot measure that would ban gay adoption in the state, joining Florida, Arkansas, Mississippi, and Utah that all have similar bans.
Via Chicago Tribune
Have a question, comment, or response? Share your thoughts.DOMA Takes a Hit
The Defense of Marriage Act ("DOMA") has been used as a weapon against the LGBT community, denying same-sex couples access to important federal marriage benefits, even when their state permits the union. Brad Levenson, a gay California federal employee, and his partner, Tony Sears, were unable to take advantage of Levenson's employee benefit plan due to their sexuality. Taking his grievance to the courts, Levenson argued that the denial of federal employee benefits to legally married same-sex couples is unconstitutional.
The 9th Circuit Court of Appeals, a federal appellate court, issued their decision this week:
"...to the extent that the application of DOMA serves to preclude the provision of health insurance coverage to a same-sex spouse of a legally married federal employee because of the employee's and his or her spouses' sex or sexual orientation, DOMA as applied contravenes the Fifth Amendment to the Constitution and is therefore unconstitutional."
Judge's order via Good As You
This makes a very large, very measurable dent in the influence of DOMA. Though the challenge was only to DOMA as-applied and was not a facial challenge -- limiting its application even within the 9th Circuit -- this could set the stage for other federal courts to follow suit and chip away at the anti-gay legislation.
Currently President Obama's political platform includes the full repeal of DOMA.
Have a question, comment, or response? Share your thoughts.New York Appellate Court Affirms Health Benefits for Married Same-Sex Couples
New York taxpayers brought suit against the Department of Civil Services early last year in response to the Department's announcement that it would grant access to the state health insurance program to same-sex wedded partners of state employees. In the suit, the plaintiffs argued that New York's recognition of these same-sex marriage was illegal and unconstitutional. In its opinion recently made available, the New York Supreme Court Appellate Division ruled in favor of the state's same-sex couples and rejected the plaintiffs' claims.
The case, Lewis v. New York Dept. of Civil Services, is another small step taken in recognizing equal rights for LGBT couples.
Though New York does not perform same-sex marriages in the state, it has recognized those performed in other states since early 2008.
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