Same-Sex Marriage Comes to Washington D.C.
A bill legalizing same-sex marriage in Washington D.C. was signed into law by D.C. Mayor Adrian M. Fenty in December last year. D.C., being a federal district, has its laws reviewed by Congress before they go into effect. The period of time Congress had to review the same-sex marriage legislation expired yesterday, and so today was the first day marriage licenses were issued to gay and lesbian couples.
Washington D.C. also permits voters to block legislation pending a referendum on the issue, but anything that violates the D.C. Human Rights Act is exempted from this policy. The United States Supreme Court decided today in a three-page ruling that the same-sex marriage law was covered by the Human Rights Act exemption. Therefore, the Court refused to grant the petitioners' request to stay the new legislation.
While the life of legal same-sex marriage in Washington D.C. is dependent on the eventual referendum vote, marriage licenses are now available to D.C. couples.
[Via The Associated Press]
Have a question, comment, or response? 1 person does.CA Gubernatorial Candidate Meg Whitman on Same-Sex Rights
Meg Whitman, former eBay CEO and 2010 Republican gubernatorial candidate in California, has been the subject of numerous recent headlines for her political ambitions in the nation's most populous state. California, still reeling from the effects of Proposition 8 that stopped the state from performing same-sex marriages, will be replacing current Republican governor Arnold Schwarzenegger. Schwarzenegger vetoed the California legislature's attempts to enact same-sex marriage in the state, citing constitutional issues with the attempt, but also opposed Proposition 8.
Meg Whitman granted two interviews, one with Silicon Valley's Mercury News and one with the Los Angeles Times, to discuss her political positions. Describing her political lean as "moderate to conservative" on social issues, Whitman believes that same-sex couples should be permitted to enter into civil unions and adopt children, but that the word "marriage" should be restricted to opposite-sex couples. Whitman supported Proposition 8, calling it a "matter of personal conscience and my faith." Whitman stood out, however, for her belief that Proposition 8 should not apply retroactively, and that the same-sex marriages legally performed before Proposition 8 should still be recognized and valid in the state.
While Family Fairness takes no position on whether Whitman would be a worthy governor for the state of California, it believes that California voters — especially those who believe strongly in the rights of same-sex couples — should be informed about the candidates' stances toward the LGBT community. For more on Meg Whitman's political positions, consult her Meg Whitman for Governor homepage.
Have a question, comment, or response? Share your thoughts.What Will the Affordable Health Care for America Act do for LGBT Families?
The House of Representatives yesterday passed the health reform bill, the Affordable Health Care for America Act, by a vote of 220-215. The Wall Street Journal reports the several key provisions of the bill including capping health insurance costs for low- and middle-income families, creating a program for individuals to find policies—including a government-run public option—disallowing insurance companies to drop coverage for pre-existing conditions, and requiring certain employers to provide more comprehensive coverage. The bill also includes a few provisions designed to help gay and lesbian individuals and their families.
The Human Rights Campaign has identified several important, new benefits for LGBT Americans. The two most key among them:
Unequal Taxation of Domestic Partner Benefits – the bill ends the unfair taxation of employer-provided domestic partner health benefits, incorporating the language of the Tax Equity for Health Plan Beneficiaries Act. Without this tax penalty, more people will be able to afford employer-provided coverage for their families, and more companies will be able to offer these important benefits.
Non-discrimination – the bill prohibits consideration of personal characteristics unrelated to the provision of health care. HRC worked with a coalition of civil rights groups to develop and lobby for this language and we believe it will help protect LGBT people from discrimination in the health care system, where there are currently no federal protections for our community.
The Tax Equity for Health Plan Beneficiaries Act addresses the problem that, although employer-provided health insurance coverage for spouses is tax exempt, domestic partners must pay income tax on the benefits they receive from their partner's employer. If the bill becomes law, domestic partners will no longer pay this additional, inequitable tax.
HRC further reports that the bill "designates LGBT people as a health disparities population" giving our community data collection and grant programs that focus on the health issues related to sexual orientation and gender identity. It also extends Medicaid coverage to early HIV treatment, and funds comprehensive sex education.
The future is uncertain, with the vote of the Senate still required on their version of the bill, approval of both chambers on a final, synthesized version, and President Obama's signature. While the President has indicated his intent to sign, and is "absolutely confident" that the bill will pass the Senate, according to CNN, Senate Majority Leader Harry Reid remains uncertain, while Senator Joseph Lieberman of Connecticut promises a filibuster of any bill containing a public option.
Have a question, comment, or response? 1 person does.This Week in Gay News Roundup: 11/1 - 11/6
The week that brought us the one year anniversary of California's Proposition 8 and the passage of Maine's Proposition 1 was certainly not a celebratory one. Here is what happened this week in LGBT law in case you missed it. For for up-to-the-minute news stories, follow FamilyFairness on Twitter.
- Proposition 1, the Maine bill allowing voters to overturn the legislature's earlier passage of marriage equality, passed with a margin of 53-47. Same-sex marriage was supposed to come to Maine on September 14 this year, but was put on hold pending the results of the veto vote. Maine was the fifth state to legalize gay marriage, and the first to successfully do so legislatively (California's legislature also twice passed a marriage bill that was vetoed by Governor Schwarzenegger).
- On the same election day, voters in Washington affirmed the expanded domestic partnership law that had been passed earlier this year. Referendum 71, the voter initiative seeking to affirm legislatively expanded domestic partnerships, was approved on a margin of 52-48. Washington retains its "everything but the name" version of marriage.
- Basic Rights Oregon announced that it was seeking to repeal the state's Constitutional ban on same-sex marriage in 2012. The amendment has existed since 2004, and was passed in response to Oregon's Multnomah County movement to give marriage licenses to same-sex couples. 3,000 licenses were issued until a judge found no right to gay marriage under Oregon laws and invalidated them all. Oregon has had expanded domestic partnership laws since 2007.
- A United States Department of Justice answered Massachusetts's petition to find the Defense of Marriage Act (DOMA) unconstitutional in that it deprives Massachusetts's married citizens of federal spousal benefits. While the DoJ agreed that DOMA was discriminatory and wanted it overturned, it said that "[t]here is, however, no fundamental right to marriage-based federal benefits." Massachusetts is the first state to issue a challenge to DOMA.
- Tena Callahan, the Texas trial court judge who ruled that her state's ban on same-sex marriage is unconstitutional explained her ruling. In reference to popular support in Texas for keeping gay marriage illegal, Callahan said: "My dad always used to tell me that a billion people can believe in a bad idea, and it's still a bad idea. And that man taught me to have the courage of my convictions and to do what's right." Her opinion is expected to be overruled on appeal.
I hope voters in California, Maine, and any other state in which the people try to turn back civil equality remember Callahan's words.
Have a question, comment, or response? Share your thoughts.Married on the Internet - Even if your state doesn’t allow it
Professors Mae Kuykendall and Adam Candeub of the Michigan State University College of Law collaborate on a legislative initiative called the E-Marriage Project. Their latest article, E-Marriage: Breaking the Marriage Monopoly, argues that "couples can use internet communications not only to marry when separated by great distance, but also to choose which state's laws will authorize their marriage."
According to the professors, physical residence in a state has historically never been a requirement that states must impose on couples before marriage. In fact, couples with one member in the military have long taken advantage of the ability to marry by proxy, and these marriages have been legal and valid.
Though the E-Marriage Project does not suggest that a couple's home state would be required to recognize the marriage, they do support legislation in each state that authorizes out-of-state couples to marry via the telephone, mail, or Internet. A law of this type would have a great impact on the gay and lesbian community, whose marriage prospects are currently limited to six states. Many out-of-state couples traveled to Massachusetts and Iowa from the surrounding states when they began issuing marriage licenses to same-sex partners, and E-Marriage could offer a gateway to nuptials for other Southern, Mid-West, or Pacific couples who cannot physically travel to Iowa or New England.
While, for instance, an Arizona couple E-Married in Vermont would receive no formal recognition or marital benefits in Arizona, the ability to obtain a marriage license without the expense and difficulty of travel allows for a symbolic bond that cannot be replaced. Additionally, couples can perform ceremonies in their own state surrounded by friends and family.
E-Marriage may do little for same-sex partners seeking legal rights, but is a step in the right direction to break down barriers and bring marriage equality to all 50 states. Family Fairness will be keeping an eye on the project and supports its efforts.
Have a question, comment, or response? Share your thoughts.Respect for Marriage Act - The DOMA Killer
This week, New York Representative Jerrold Nadler introduced the Respect for Marriage Act, a bill intended to repeal Section 2 of the 1996 Defense of Marriage Act. While Section 1 — which permits states not to recognize out-of-state same-sex marriages if their own state law does not permit it — will remain untouched, the bill targets the portion of DOMA that restricts marriage in federal law exclusively to heterosexual couples.
If the bill passes, the federal government will recognize legally performed same-sex marriages for the purposes of federal benefits, including:
- Joint income tax filing
- Unpaid leave to care for a sick or injured spouse
- Spousal, mother's and father's, and surviving spouse benefits under Social Security
- Receive equal family health and pension benefits as federal civilian employees
The Human Rights Campaign also reports that the Respect for Marriage Act will bestow inheritance rights, Social Security benefits, insurance benefits, and hospital visitation rights, privileges 7 in 10 Americans believe that same-sex couples should have according to a December 2008 Newsweek/Princeton Research survey.
For anecdotes illustrating why the bill is so important to same-sex couples, as well as a list of the more than 90 co-sponsors of the bill in the House, visit HRC's Back Story.
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