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UPDATE: The Federal Appeals Court Has Kicked The Prop 8 Case Back To The California Supreme Court Read More…..
This time last year repealing “Don’t Ask Don’t Tell” was inthe process of being addressed by Congress. A year later its
repeal was a victorious game-changer for our LGBT community
but unfortunately marriage equality is hardly on the radar for
2011. Gay marriage is now legal in 5 states & in the District of
Columbia. However, the Defense of Marriage Act (DOMA) is
preventing the federal government from granting 1100 rights,
benefits & protections including the ability to file joint tax
returns, take advantage of estate tax breaks & receive spousal
benefits offered by Social Security, such as survivor compensation
for legally married gay couples. The Gay & Lesbian Advocates &
Defenders (GLAD) challenged Section 3 of DOMA which addresses
these rights & it was found unconstitutional in federal court by
Judge Tauro. The Obama Administration is appealing this decision.
The next step will be for the government to file its brief to that court
arguing that Judge Tauro’s ruling was wrong. GLAD will then file its
brief in opposition to the government & finally the government will
file a reply brief. At that point, the appeal will be scheduled for oral
argument. Briefing could be concluded by the spring of 2011 with
oral argument to follow by the fall of 2011. In the meantime our
LGBT community continues as second-class citizens in this country
while Obama ponders over his views on gay marriage which he
claims are “constantly evolving”. Updates to Come…:)
For More Info: GLAD.org
Exclusive Audio Interview with Kate Clinton's"2010 The Gay Year in Review" on the historic repeal
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Hear Audio Interviews w/ LGBT Leaders @OUTTAKE VOICES™
DOMA must fall. In 1996, when Congress passed DOMA, the stated goal was to harm gay people and same-gender families with this law, and sadly, it has succeeded. Married gay and lesbian couples fall through the federal safety nets that exist for other married people. We have to keep the pressure on and get DOMA off the books before it does even more harm. We fully expected an appeal and are more than ready to meet it head on. DOMA brings harm to families like our plaintiffs every day, denying married couples and their children basic protections like health insurance, pensions, and Social Security benefits. We are confident in the strength of our case.
ReplyDeleteMary L. Bonauto, Civil Rights Project Director for GLAD