LGBT Legal Groups Decry Obama Administration’s Defense of DOMA
The National Center for Lesbian Rights (EJS board member Kate Kendell is NLCR’s executive director), Lambda Legal, the ACLU, Human Rights Campaign, GLAD and the National Gay and Lesbian Task Force issued a statement today objecting to the Obama administration’s recent filing in support of the a law that discriminates against LGBT.
(San Francisco, CA, June 12, 2009)—We are very surprised and deeply disappointed in the manner in which the Obama administration has defended the so-called Defense of Marriage Act against Smelt v. United States, a lawsuit brought in federal court in California by a married same-sex couple asking the federal government to treat them equally with respect to federal protections and benefits. The administration is using many of the same flawed legal arguments that the Bush administration used. These arguments rightly have been rejected by several state supreme courts as legally unsound and obviously discriminatory.
We disagree with many of the administration’s arguments, for example that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.
We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states.
There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive.
It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.
When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.
National Center for Lesbian Rights Hails Iowa Marriage Victory
“Today, in a unanimous decision, the Iowa Supreme Court held that the Iowa statute barring same-sex couples from marriage violated the equal protection guarantee of the Iowa Constitution. Lambda Legal represents the plaintiffs in the case,” said NCLR Legal Director Shannon Minter. “The National Center for Lesbian Rights filed an amicus brief in support of the couples.”
Visit this page to download PDFs for the decision and NLCR’s amicus brief.
Eva Paterson on Roundtable Discussing Prop. 8 on 5th Anniv. of SF’s Marriage Licenses
EJS President Eva Paterson will join other civl rights and religious leaders and plaintiff couples from In re Marriage Cases in a roundtable to reflect on the historic California Supreme Court ruling and the pending Prop. 8 legal challenge. This discussion takes place on the fifth anniversary of San Francisco’s first issuance of marriage licenses.
The original plaintiffs, including Phyllis Lyon, the first to be married in San Francisco in 2004 and again on June 16, 2008, will make short statements about the personal significance of the ruling. Civil rights and religious leaders will discuss their role as amici in the Prop 8 legal challenge.
The roundtable takes place on Friday, February 13, from 10:30 a.m. at the National Center for Lesbian Rights, 870 Market Street, Suite 370, San Francisco.
