"I'm really disappointed in the President and the Department of Justice in the fact that they're not going to defend a law that Congress passed overwhelmingly. It's their responsibility to do that," he told CBN's David Brody on Sunday.
Asked if the House would appoint a special counsel to defend the law itself in the White House's stead, Boehner said, "It's an option being considered" and added t...
Storey's motion is independent of the county's previous motion to intervene in the case, said Robert Tyler, general counsel for Advocates for Faith and Freedom, the group that represented Imperial County and is representing Storey.
While Tyler said he had thought a deputy county clerk would have significant interest in the outcome of Proposition 8, the appellate court's decision highlighted the f...
Can you even believe this week?
President Obama this week ordered an end to the defense of the Defense of Marriage Act, which is huge. We'll check in with Marriage Equality USA's Molly McKay and Immigration Equality's Lavi Solloway to find out exactly wh...
The Civil Marriage Protection Act, which would legalize marriage for gay and lesbian couples, was approved one day earlier in the Maryland Senate by a vote of 25-21, prompting LGBT activists to celebrate what they called a historic victory.
But officials with the statewide LGBT advocacy group Equality Maryland expressed concern that an expected vote on the bill in the House of Delegates within th...
The third DOMA Sec. 3 challenge, Golinski v. Office of Personnel Management, is pending before the U.S. District Court for the Northern District of California. According to a news release from Lambda Legal, which represents Karen Golinski, the judge in that case has asked the government to "explain how the government plans to pursue its defense of the case following [the Feb. 23] announcement that...
The elected clerk of Imperial County, Chuck Storey, filed a motion today to intervene in ongoing proceedings over Proposition 8, the 2008 voter-approved ballot measure that prohibited same-sex marriage.
The filing follows the 9th U.S. Circuit Court of Appeals' rejection of a similar request for standing in the case made by the county's board of supervisors and unelected deputy clerk. The three-ju...
Here's where things get interesting and technical. In the paired Massachusetts cases--Gill v. OPM, brought by GLAD, and Commonwealth of Massachusetts v. Department of Health and Human Services, brought by Massachusetts Attorney General Martha Coakley's office--the US government had already argued in favor of DOMA. But the Justice Department says that it did so because the First Circuit had previou...
The Department of Justice followed Wednesday's withdrawal from two DOMA cases in the Second Circuit, including GLAD's Pedersen v. OPM by notifying the clerk of the First Circuit that they will also "cease to defend" the two consolidated DOMA cases, Gill v. Office of Personnel Management and Massachusetts v. HHS.
The DOJ has not sent a letter to the Congress declining to defend DOMA in toto in the...
A majority of Rhode Island voters support gay marriage, a new poll found.
The survey, released Tuesday by Public Policy Polling, found 50 percent of voters in Rhode Island believe gay marriage should be legal, while 41 percent believe it should be illegal, and 9 percent don't have an opinion....
Imperial County officials claim they should be allowed to intervene as defendants, saying they are directly affected by the law because they would be forced to perform gay marriages.
But the appeals court dismissed the request last month, questioning why the head county clerk, who issues marriage licenses, wasn't part of the case. Then Imperial County Clerk Dolores Provencio declined to join.
No...
Should the House intervene, a not-unlikely possibility, then the House will be allowed to present arguments that only rational basis be applied and that DOMA's discrimination achieves a governmental function. However, they will do so with the additional burden or explaining why not only the plaintiffs but the Department of Justice are incorrect in their interpretation of the Constitution....
The bill, known as House Bill 229 or Senate Bill 49, says in part: "No public elementary or middle school shall provide any instruction or material that discusses sexual orientation other than heterosexuality."
At least one group says that's anti-gay - and calls it the "Don't Say Gay" bill.
"The Don't Say Gay bill raises all kinds of issues about anti-gay bias, free speech and government overrea...
The Montana Senate voted Wednesday to remove an obsolete state law that criminalized gay sex -- a sea change moment for Senate Republicans who bucked their party's platform on the issue.
The Montana Supreme Court struck down the law in 1997, and Senate Bill 276 carried by Sen. Tom Facey would remove it from state code. The Missoula Democrat said the measure would provide equal protection under th...
Usually the Justice Department will defend statutes that are challenged in lawsuits against the government, and the Obama Administration has invoked the customary practice to justify its defense of DOMA (as well as the "Don't Ask, Don't Tell" statute) in pending lawsuits. However, says Holder, when the President and DOJ become convinced that a statute is unconstitutional and that there are no lon...
After about an hour of discussions from opposing views, Maryland's State Senate voted 25-21 in favor of Senate Bill 116, The Civil Marriage Protection Act on Thursday, Feb. 24.
A House version of the bill is expected to be introduced in House committee tomorrow....
He added that he believed gay issues were losing their cachet even among social conservatives.
"They are deemphasizing LGBT issues and putting all the energy into the abortion issue," he said. "For example, in this budget we just had where every very conservative idea was put in, no amendment was put in saying don't implement repeal of DADT. They are, I think, soft peddling their opposition to LG...
AFER's legal team, led by Theodore B. Olson and David Boies, is asking the 9th Circuit Court of Appeals to lift the stay and allow marriages to take place immediately. And we are asking the California Supreme Court to hear oral arguments on the issue of standing by the end of May.
Help us show that real people are being hurt every moment that Prop. 8 remains in effect. Add your name to the list o...
American Foundation for Equal Rights • Feb 24, 2011
Wednesday's presidential order to the Justice Department to stop defending the Defense of Marriage Act, the 15-year-old law which bars the federal government from recognizing same-sex unions, represents not only a major change in policy for the White House, but also a new wrinkle in the unfolding drama over the legality of California's Proposition 8.
A motion filed by Theodore B. Olson and David ...
President Obama's decision Wednesday to stop defending a law banning federal marital benefits for same-sex couples will boost an array of court challenges to the measure, including two in the Bay Area by gay and lesbian government workers seeking insurance coverage for their spouses.
It could also strengthen the case against states' prohibitions on same-sex marriage, including California's Propos...
Hawaii Gov. Neil Abercrombie has signed into law a bill legalizing civil unions for heterosexual and homosexual couples. That makes Hawaii the seventh state to extend such recognition and rights to same-sex couples.
Don't rush to Maui just yet: Couples will have to wait until Jan. 1 to tie the slip knot....
There are two components to Wednesday's move by the White House and Justice Department. The first, the declaration by Obama that he believes Section 3 is unconstitutional, is more significant politically than legally. After all, it's the federal judiciary and not the executive branch which gets to decide which laws are valid or not, a point Attorney General Eric Holder was wise to mention. Also wi...
There is a serious flaw in the president's position of viewing civil unions as a path to giving same-sex couples equal relationship recognition: The federal government does not recognize civil unions for the purposes of spousal benefits. In fact, no legislation to formalize civil unions exists at the federal level.
That means that advocates of civil unions, Obama included, are suggesting for lesb...
HRC supporters have written tens of thousands of letters to President Obama, shared thousands of personal stories of how DOMA has hurt their families, and helped HRC engage in years of advocacy on this issue with the administration. Now it's time to thank the president for what he's done.
Send a message to President Obama thanking him for standing up for same-sex couples and their families....
Attorney General Eric H. Holder Jr. sent a letter to Congress on Wednesday saying that the Justice Department will now take the position in court that the act should be struck down as a violation of same-sex couples' rights to equal protection under the law.
"The president and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to sam...
Maryland's Senate voted 25-22 in favor of allowing same-sex couples to marry after a fairly short and focused debate.
The bill has not yet cleared the body, but the vote is a positive sign for supporters of the legislation. It could go to final passage as early as Thursday....
This morning, Ted Olson and David Boies on behalf of the American Foundation for Equal Rights announced they are filing a request with the California Supreme Court to expedite the Perry v. Schwarzenegger (Prop 8) case and hear oral arguments by the end of May, before summer recess. They are also filing a "Motion to Vacate Stay Pending Appeal" with the 9th Circuit to lift the stay while the Califor...
Ted Olson, lead attorney for the lawsuit challenging California's same-sex marriage ban announced Wednesday that he is asking the 9th Circuit U.S. Court of Appeals to lift a stay on a district court ruling that found Proposition 8 unconstitutional.
The request, if granted, would enable same-sex couples to marry immediately....
Lawmakers plan to introduce the measure next month. It is anticipated that if the bill passes that civil unions in Delaware would be available only to gay and lesbian couples. Full marriage rights would remain limited to opposite-sex couples.
Rep. Pete Schwartzkopf, the House Majority Leader, whose district includes Rehoboth Beach, attended the meeting. Schwartzkopf is a longtime supporter of the...
The challenge was brought by the National Organization for Marriage, which spent $1.9 million dollars in a successful campaign to overturn Maine's same-sex marriage law in 2009. The Ethics Commission had determined that NOM was required to disclose the identities of its donors, but the group refused, and filed suit on grounds that Maine's requirements were unconstitutional on a number of fronts....
Across Maryland, support for civil marriage equality sits at a 8 point advantage- 49% of voters favor marriage equality as compared to 41% who oppose it and 10% with no opinion. Grove also found that after discussing the love and commitment of gay and lesbian couples, support jumped another 4 points with 53% in favor of marriage for same-sex couples. These results are consistent with the January...
The Maryland Republican Party has stepped up its lobbying efforts on the biggest social issue of the legislative session -- same-sex marriage -- as the Senate prepares to begin debate next week.
In an "action alert" emailed Saturday to party members, state GOP Chairman Alex X. Mooney lists the names and numbers of nine senators he suggests are key to whether Maryland legalizes marriages between g...
House Bill 516 by Rep. Kristin Hansen, R-Havre, now moves to the House floor for debate this week.
It would prohibit local governments from enacting ordinances or policies that seek to protect residents from real or perceived discrimination based on their sexual orientation and gender as the cities of Missoula did through an ordinance and Bozeman did through a policy....
Will a new law force California to defend Prop Eight? Marriage is coming to Maryland, but obstacles may drag it out for nine more months. We'll walk you through the next steps. And in New Hampshire, the anti-gay industry claims that gay marriage prevents straight people from caring for their kids.
Across the country, gay couples and their allies stepped up to marriage counters around the country to ask for...
Sen. James Rosapepe just issued an email to constituents saying that he will support the same-sex marriage bill. That means 24 senators have publicly committed to vote for the bill -- enough for passage....
But a recent poll indicates that a majority of New Hampshire residents want to maintain same-sex marriage. The WMUR Granite State Poll released this month showed that only 29 percent of New Hampshire adults support repealing the law, compared to 62 percent who want to leave it in place.
Supporters of same-sex marriage said they see the bills as an attempt to take away rights and render some less...
The Indiana House of Representatives passed a marriage discrimination amendment yesterday afternoon after only a half an hour of debate. The bipartisan vote of 70-26 took marriage equality supporters by surprise - especially with the defection of Minority Leader Pat Bauer.
In previous sessions Bauer, as Speaker of the House, killed the amendment in committee. The rumor mill says that Bauer and se...
More than six months ago, the federal district court declared unequivocally that Prop. 8 is unconstitutional and that it causes grave harm to gay and lesbian couples and their families each day that it is in effect. We look forward to assisting the California Supreme Court reach an answer to the question before them so that the 9th Circuit Court of Appeals can affirm the district court's ruling an...
As the California Supreme Court announced that it will weigh in on the issue of whether a group of anti-gay-marriage activists can defend Proposition 8 in court, Republican State Senator Tom Harman has introduced a new bill that would apparently ensure that such a question would never have to be decided again. Under Senate Bill 5, or the "Attorney General: defense of initiative statutes" bill, At...
Legislators in Maryland are scheduled to vote in committee on the Religious Freedom and Civil Marriage Protection Act on Thursday, Feb. 17, according to Judicial Proceedings Committee chairman Brian E. Frosh's office.
''It's going to happen on Thursday,'' Brenda Smith, appointment secretary for Frosh's office, told Metro Weekly regarding a committee vote on Senate Bill 116, on Tuesday, Feb. 15....
Because we think fair-minded New Hampshirites and all concerned neighbors should also email all of those same people and ask why the state's most prominent anti-equality/pro-repeal group, the NOM-aligned Cornerstone Action (sure to be represented at Thursday's hearing), is encouraging scientifically discredited 'ex-gay" therapy on its website:...
In the order asking the Supreme Court to review the issue, the 9th Circuit wrote: "Although the governor has chosen not to defend Proposition 8 in these proceedings, it is not clear whether he may, consistent with the California constitution, achieve through a refusal to litigate what he may not do directly: effectively veto the initiative by refusing to defend or appeal a judgment invalidating it...
The wheels of justice don't always move quickly.
But at least in regard to the litigation surrounding Proposition 8, you can be sure that when the dust settles, it'll have been given a good hard look by not one, not two, but possibly dozens of judges.
The latest: the California Supreme Court on Wednesday agreed to decide whether backers of Proposition 8 have a legal right to defend the law....
The justices issued a unanimous order Wednesday granting a request by the Ninth U.S. Circuit Court of Appeals in San Francisco to decide whether the backers of Proposition 8, the 2008 initiative banning gay and lesbian marriages, have the right under state law to appeal a judge's decision declaring the measure unconstitutional.
The court asked for written arguments between March 14 and May 9 and ...
The state's high court is scheduled to meet in a closed session today to review a request by the Ninth Circuit to decide a question about standing on whether the sponsors of the Yes on 8 campaign can legally defend the ballot measure in court....
The California Supreme Court will decide Wednesday whether to plunge back into the legal battle over same-sex marriage.
The state high court, meeting in closed session, will review a request by the U.S. 9th Circuit Court of Appeals to determine whether Proposition 8's sponsors have legal authority to defend the ballot measure.
Depending on the court's ruling, the 9th Circuit could either dismiss...
Six LGBT activists were arrested Monday afternoon in Chicago after refusing to leave a city marriage bureau after a same-sex couple was denied a marriage license.
Judy Heithmar and Danelle Wylder sought the license at the marriage bureau in the Richard J. Daley Center in downtown Chicago. They were arrested along with Cassandra Avenatti, Lindsey Dietzler, Corrine Mina, and Noa Francis Shayden, sa...
While Washington state still holds the title for being the only state to win an expansion of gay and lesbian rights at the ballot box, the marriage campaign will be more difficult.
Polling is on our side. An overwhelming majority of Washington voters support relationship recognition....
Dozens of same-sex couples tried to get married Monday in Los Angeles despite Proposition 8.
The event was part of a nationwide effort called, "Request Marriage," where same-sex couples try to obtain marriage licenses, knowing they would get turned away. The event is an attempt to win support for the repeal of California's Proposition 8 and the federal Defense of Marriage Act....
This is the 10th year same-sex couples will engage in this type of civil disobedience, and only once did it end any differently. That was seven years ago Saturday, when then-new Mayor Gavin Newsom had the clerk go ahead and issue the licenses, kicking off 2004's famous "winter of love."
Those licenses were later invalidated by the California Supreme Court. That same body is currently considering ...
As usual, hundreds turned out to witness or participate in San Antonio's free mass wedding on the old Bexar County Courthouse steps.
The first of several ceremonies on Valentine's Day was held at midnight, with more ceremonies scheduled later Monday.
But, this year's midnight ceremony was notably different as almost two dozen same-sex couples took part in the event....
But the department's appellate brief also recycled the flimsy argument that the law had a plausible purpose in trying to maintain the federal status quo while states debated the issue of same-sex marriage. This argument was peculiar since the law overturned the federal status quo, which was to recognize all legal marriages.
Two new lawsuits, filed in Connecticut and New York, challenging the Defe...
The big news about Prop 8 this week ... is that there isn't any news about Prop 8 this week. Nothing happened!
At least, nothing happened in California. There was a ton of activity in other states, from New Hampshire to New York to Hawaii, Iowa, Maryland, and Rhode Island.
Now, when I started Stop Eight, two and a half years ago, it was all about Proposition Eight. But now, there's so much hap...
The resolution basically would ban gay marriage in Wyoming if voters approved it in the 2012 general election. But the latest version of the resolution leaves room for future legislators to recognize "civil relationships," said Sen. Curt Meier, R-LaGrange, a sponsor of the legislation.
This portion would allow legislators in the future to define marriage and allow for civil unions, he said....
The House Judiciary Committee voted 11-2 to pass civil unions legislation following nearly 5 hours of testimony at the Hawaii Capitol, possibly the state's last public hearing on the issue following years of debate.
Supporters of civil unions, many wearing rainbow-colored lei, clapped and cheered following the vote, confident the measure was on a fast path to final passage.
The bill already cle...
Advocates feel more hopeful about the bill now than in past years because independent Gov. Lincoln Chafee supports the bill and out house speaker Gordon Fox is a cosponsor. The governor called the issue a matter "fundamental fairness" in a letter to the committee, the AP reports.
However, a more challenging landscape could await the bill in the senate.
"The bill must pass through committee befor...
Maryland state senator James Brochin announced Thursday that he had changed his vote on the marriage equality bill from no to yes following the "appalling" testimony from the bill's opponents earlier this week.
Brochin released a statement about the transformation prompted by almost eight hours of testimony on Tuesday.
"What I witnessed from the opponents of the bill was appalling," he said....
"We're more hopeful than ever," said Kim Stowell, spokeswoman for Marriage Equality Rhode Island, as more than 200 people crowded into the rotunda, and a crowd of equal size was restrained outside. "Times are changing. Everyone knows a gay person today. It's harder to say gay people can't get married when you are talking about someone you know."
A smaller group of people opposed to gay marriage t...
Bottom line: The National Organization for Marriage mailing says that Massachusetts public schools teach kindergartners about gay marriage. The wording, including the present tense verb, gives the impression this is happening now, in many schools.
But the group's only evidence is two incidents five years ago. It's possible that somewhere, in one of the 351 cities and towns in Massachusetts, other...
New York governor Andrew Cuomo gave his strongest indication yet on timing for the marriage equality bill, saying Wednesday that he wanted the legislature to bring the issue up this session, which ends in June....
A new research study released today by the Williams Institute at UCLA School of Law shows that allowing same-sex couples to marry in Rhode Island would boost the state budget by more than $1 million over three years. This net impact would result from an increase in state income and sales tax revenue as well as savings in expenditures on state means-tested public benefit programs....
The law took effect on Jan 1, 2010, making New Hampshire the fifth U.S. state, plus the District of Columbia, to allow same-sex marriages.
But when Republicans took control of New Hampshire's state legislature in the November 2010 elections, curiosity swirled over whether controversial social issues like gay marriage and abortion rights would get another airing.
Conservative groups have since vo...
House Study Bill 50, called the Religious Conscience Protection Act, would allow a person, business or organization such as a charity or fraternal group to deny services without fear of facing a civil claim or lawsuit if they think doing so would validate or recognize same-sex relationships.
The same-sex exclusion is by itself constitutionally troubling, several legal scholars and civil rights ac...
Republican lawmakers in Indiana have resumed their push for a constitutional amendment that would shore up an existing state law banning gay marriage.
A GOP-ruled House committee voted 8-4 along party lines today to advance the proposal, which now moves to the full House for consideration....
A hearing on a bill that would legalize same sex marriage in Rhode Island is set for this week at the state house.
The House Judiciary Committee is scheduled to hear testimony on the bill Wednesday....
The Hawaii House Judiciary Committee is taking up same-sex civil unions next week after the legislation already passed the state Senate.
The committee announced it has scheduled a public hearing on the bill Tuesday....
A bill seeking a constitutional amendment to define marriage as strictly between a man and a woman is being introduced at the Rhode Island Statehouse.
The bill from Rep. Jon Brien, being introduced Thursday, calls for a 2012 ballot question on whether same-sex marriages should be recognized as legal in Rhode Island....
A handful of Senate Democrats who would be the deciding votes on a same-sex marriage amendment said Tuesday they won't join minority Republicans to force a vote this year.
Barring a change of heart, that means the effort to allow a public vote on a constitutional amendment to ban same-sex marriage is dead in the Iowa Legislature this session....
Chief Justice Tani Cantil-Sakauye said Wednesday that the California Supreme Court may decide "as soon as next week" whether to weigh in on the federal Proposition 8 appeal and expressed hope that a Southern California Latino would be chosen to succeed departing Justice Carlos R. Moreno....
Maryland State Sen. Allan Kittleman has released a bombshell of a statement today, announcing that he will support a bill to legalize same-sex marriage in the state.
Kittleman had served as Senate minority leader until last month, when he stepped down from his leadership post over his plan to introduce a civil unions bill. In today's announcement, Kittleman says he is abandoning the civil unions ...
Democrats are even poised to use the divisions between the pro-equality Republicans and the anti-equality Tea Partiers in 2012 by targeting five seats currently held by pro-equality Republicans. According to the LogCabinRepublicans, these are Congressman Charlie Bass (R-NH), Congressman Bob Dold (R-IL), Congressman Mike Fitzpatrick (R-PA), Congresswoman Nan Hayworth (R-NY), Congressman Dave Reiche...
Barbara Bush, one of the twin daughters of George W. Bush, will endorse same-sex marriage on Tuesday, publicly breaking ranks with a father who, as president, pushed for a constitutional amendment banning such unions.
Ms. Bush, 29, has taped a video calling on New York to legalize gay marriage. A bill to do that was defeated in the state in 2009. She describes the issue as a matter of conscience ...
Bates's bill lists the marriages that would be prohibited to all men and women. Besides same-sex partners, they include marriages to their children, aunts, uncles, nieces and nephews.
The bill states that any marriage recognized by New Hampshire before the adoption of the law would remain intact. But any same-sex marriage performed out of state after the law is passed - for example, a marriage pe...
