WINDY CITY TIMES
||Obama's DOJ stepping back on 2 DOMA cases
From a GLAD News Release
This article shared 5182 times since Fri Feb 25, 2011
The Department of Justice followed Wednesday's withdrawal from two DOMA cases in the Second Circuit, including GLAD's Pedersen v. OPM www.glad.org/work/cases/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 www.glad.org/work/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 Gill case, so its determination may only apply to the extent the court determines that heightened scrutiny is the proper standard of review for DOMA's constitutionality. No matter what happens, the case will proceed with DOJ as the attorneys for the government defendants.
"It is increasingly clear to everyone what has been clear to gay and lesbian families for years - that DOMA's denial of protections available to all other married families is discriminatory, harmful, and unjustifiable," said Mary L. Bonauto, GLAD's Civil Rights Project Director and lead attorney on both Gill and Pedersen. "DOJ's acknowledgement of this is momentous. At the same time, we know this isn't the end of the road."
In a letter to the court www.glad.org/uploads/docs/cases/gill-v-office-of-personnel-management/doj-letter-re-ma-doma-cases-02-2011.pdf Assistant Attorney General Tony West writes that "the Department will cease its defense of Section 3" in cases including Gill and Massachusetts. DOJ also "notifies the courts of our interest in providing Congress a full and fair opportunity to participate in the litigation of those cases", and that "we will remain parties to the case and continue to represent the interests of the United State throughout the litigation."
GLAD filed Gill, in which it represents 8 married couples and three widowers, in the U.S District Court in March 2009, and in July 2010, won a ruling that DOMA Section 3 is unconstitutional from U.S. District Court Judge Joseph L. Tauro. With the case now pending on appeal in the First Circuit, Congress will have an opportunity to decide whether it wants to have its voice heard in the appeal."
Consistent with their February 23 letter to Speaker of the House John Boehner, the DOJ seeks to provide Congress "a full and fair opportunity to participate" in the case. All of the parties, including GLAD, agree that Congress should be given this opportunity, and will request an extension from the court on the briefing schedule to accommodate Congress's decision-making.
Gay & Lesbian Advocates & Defenders is New England's leading legal organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.
This article shared 5182 times since Fri Feb 25, 2011
| ARTICLES YOU MIGHT LIKE|
|Starting May 3, ceremonies in Cook County's downtown Marriage Court can be performed by Zoom 2021-04-30|
- CHICAGO (April 30) — Marriage and civil union ceremonies at Cook County's downtown Marriage and Civil Union Court (Marriage Court) may be performed via Zoom videoconference, as well as in person, starting next week, according to ...
|Illinois Senate passes proposal removing gendered language from marriage certificates
--From a press release - On April 21, on its third reading, the Illinois Senate passed (by a bipartisan vote of 44-13) a proposal that amends the Illinois Marriage and Dissolution of Marriage Act to allow the removal of gendered language ...
|Russian leader Putin officially bans same-sex marriage
- On April 5, Russian President Vladimir Putin signed into law a series of constitutional amendments that, among other things, formally defines marriage as between a man and a woman in the country, The Washington Blade reported. ...
|Global momentum for marriage equality surges,"Freedom to Marry Global" website created 2021-03-31|
--From a freedomtomarry.org press release - April 1st marks twenty years since the Netherlands ended the exclusion of same-sex couples from marriage, becoming the first of so far 30 countries worldwide to affirm the freedom to marry for same-sex couples. Now, two ...
|WORLD Landmark ruling, Montreal's Gay Village, acid attack, anti-LGBTQ laws 2021-03-21|
- In a landmark ruling, a Japanese court ruled that the government's ban on same-sex marriage is unconstitutional, NPR noted. Article 24 of Japan's constitution defines marriage as based on the "mutual consent of both sexes," which ...
|LETTER The Vatican's words and actions do not echo love 2021-03-18|
- The LGBTQA community is responding with shock, anger and frustration at the Vatican's Congregation for the Doctrine of Faith statement concerning same-sex unions. Many in our community can't understand why Pope Francis would allow such a ...
|Pope Francis documentary 'Francesco' to debut March 26
- Pope Francisin the news lately because of the Catholic Church's stance that it cannot bless same-sex unions, adding that it is "not licit" to bless relationships that involve sexual activity outside of marriageis the subject of ...
|DignityUSA: Vatican denying same-sex blessings "Exacerbates pain and anger" 2021-03-16|
--From a press release - March 15, 2021. DignityUSA, the organization of Catholics working for justice, equality, and full inclusion of LGBTQI people in the church and society, is deeply disappointed by the Vatican's statement unequivocally denying blessings to same-sex coupl ...
|Vatican won't bless same-sex unions
- The Catholic Church said it cannot bless same-sex unions, adding that it is "not licit" to bless relationships that involve sexual activity outside of marriage, according to an NBC News item. The Congregation for the Doctrine ...
|Commission: Jamaica should repeal same-sex ban
- The Inter-American Commission on Human Rights (IACHR), the top rights body of the Americas, said in a symbolic landmark ruling on Feb. 17 that Jamaica should repeal its colonial-era gay sex ban, Reuters reported. Two Jamaicans ...
|Leading groups submit amicus briefs against discrimination against LGBT surviving spouses 2021-02-08|
--From a press release - WASHINGTON D.C.—AARP, AARP Foundation, SAGE and the American Society on Aging (ASA) filed amicus briefs today in the United States Court of Appeals for the Ninth Circuit arguing that the ...
|WORLD Honduran Congress, deportation, Canadian support, athlete comes out 2021-01-24|
- On Jan. 21, members of the Honduran Congress voted to amend the constitution, making it much harder to reverse existing hard-line bans on abortion and same-sex marriage, as lawmakers double down on socially conservative priorities, Openly ...
|NATIONAL Marriage proposal, Creating Change, mural erased, 'Queer Santa' 2021-01-05|
- A COVID-19 vaccine appointment at a Canton, South Dakota, hospital turned into a marriage proposal for one healthcare couple, CNN.com noted. Robbie Vargas-Cortes, 31, a paramedic and EMS supervisor, was scheduled to get his vaccination on ...
|WORLD Lithuania outlook, HIV/AIDS and COVID, lawyer arrested, trans youth 2020-12-27|
- Lithuania appears set to legalize same-sex civil partnerships next year, but same-sex marriage could be up to a decade away, according to Tomas Raskevicius—the country's only openly LGBT+ lawmaker, Reuters reported. "We're going to submit t ...
|Switzerland's parliament okays marriage equality,
residents to have final say 2020-12-18|
- On Dec. 18, the Swiss parliament approved a bill allowing same-sex couples to marry, finally bringing the nation in line with much of Europe on LGBTQ rights, TheLocal.ch reported. However, the Swiss residents themselves will have ...