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Federal Marriage Suit Continues


MARRIAGE CONSTITUTION X390 (GETTY AND FAIR USE) | ADVOCATE.COM

Gay married couples suing the government over the Defense of Marriage Act, which denies federal recognition to same-sex unions, said Tuesday there is "no legitimate or plausible" reason for having a federal definition of marriage that excludes gay couples.

The lawsuit was brought by seven gay couples and three widowers, all of whom were married in Massachusetts after it became the first state in the country to legalize gay marriage in 2004.

In court documents filed Tuesday, the group claims DOMA violates the 14th Amendment’s equal protection clause since it denies them access to federal benefits such as pensions, health insurance, and the ability to file joint tax based on their sexuality.

The U.S. Department of Justice wants the case dismissed.

In a court filing in September, Justice Department officials acknowledged that the Obama administration thinks DOMA is discriminatory and should be repealed, but said the department has an obligation to defend federal laws when they are challenged in court.

The Justice Department also argued that there is no fundamental right to marriage-based federal benefits.

"DOMA marks a stark, and unique, departure from the respect and recognition the federal government has long afforded to State marital status determinations," lawyers for Gay and Lesbian Advocates and Defenders argued in a written response to the Department of Justice’s motion to dismiss the lawsuit, reports the Associated Press.

It would take a ruling from the U.S. Supreme Court or an act of Congress to strike down DOMA.

A bill to repeal the law was introduced in the U.S. House in September by representatives Jerrold Nadler, Tammy Baldwin, and Jared Polis, but it has little chance of making it to a vote this year.

To read more about the case, click here.

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Reader Comments
  • Name: Chung Fang
    Date posted: 11/18/2009 2:35:06 PM
    Hometown: Los Angeles

    Comment:

    Bryan, I have no words for you. Your argument is going in circles over and over again. You call him a liar, you call him this, you call him that. To me, you are no different from those tea party supporters who are trying to discredit Obama. It is very counterproductive and pointless to keep blaming on Obama in relation to issues of gay rights. He has only been in office for almost a year, he's got a couple of years to go, wow, i guess it doesn't matter to you because you have totally discredited him already and called him a liar because of DOJ's defending DOMA. Anyway, you just go ahead and keep trying to discredit Obama, it is just not very constructive even if i agree with you.

  • Name: Bryan
    Date posted: 11/18/2009 12:32:22 PM
    Hometown: San Francisco

    Comment:

    BTW Chung, that wasn't a presumptuous comment, evident in my disclaim that it was a *genuine question*. I've come to observe two types of Obama supporters (works for other politicians as well): 1) Those who are generally pleased with his administration, but will gladly hold his feet to the fire when needed. 2) Those who uncritically accept whatever he says as gospel, and will defend him at any cost for any reason (hence why I call such people 'apologists'). Since I've never witnessed you here criticizing something the President has done/said/not done/not said, either: 1) You're in the former camp and coincidentally have no genuine grievance with the President, 2) You're in the former camp and I've coincidentally failed to witness times in which you have criticized the President, 3) You're in the latter camp, in which case "Jesus Figure" is an appropriate title for the President. In which camp do you reside?

  • Name: Bryan
    Date posted: 11/18/2009 12:20:34 PM
    Hometown: San Francisco

    Comment:

    No Chung. It's not that Obama has given us an indefinite timetable, IT'S THAT I'VE CAUGHT HIM ACTUALLY LYING. Still don't have anything to say about my very first post here about the DoJ? Rather convenient, and serves as further evidence that you're one of his many lap dogs. I deem you such because you have shown yourself to do nothing but 1) apologize for everything the man says, does, doesn't say, and doesn't do; 2) find a way to complaing about anything the activist community does. You've shown yourself over and over again to advocate for complete passiveness and indifference. How far did that get us in the first 9 months of President Obama's administration? NO WHERE. Ain't it funny how as soon as some GLBT folks grew the stones to get pissed off and loudly remind the President of his campaign promises, he magically got the hint and the ball finally began to roll in September?

  • Name: Chung Fang
    Date posted: 11/18/2009 11:23:39 AM
    Hometown: Los Angeles

    Comment:

    I rather have a president who is not anti gay, and who has made certain promises, and then i will hold him accountable for the promises this president made, and that is what Obama did. I am not defending Obama, but Obama has said he thinks DOMA is wrong and he will work with congress and senate to repeal it without giving us a deadline, you know something, it could have been worse, it could have been the other way around where Obama just did not mention anything about DOMA, that certainly would have happened under Bush Administration.so Obama's not having given us a time line means his lying or he has broken his promises? I just don't understand why gay community just keeps blaming Obama for the gay rights issues. We are too greedy, too irrational. he is our president now, and we just have to hold him accountable and keep bugging him in a rational and sometimes even aggressive way.

  • Name: Chung Fang
    Date posted: 11/18/2009 11:08:55 AM
    Hometown: Los Angeles

    Comment:

    We obviously disagree with each other about how the gay community should view Obama? You immediately jumped to the conclusion and said I was a big fan of Obama or Obama was my jesus figure. That was very presumptuous of you to say that. What have you been trying to say is Obama should have balls to encourage congress and senate to keep getting things done about gay rights, if that is what you meant, I will be totally agreeing with you, but the thing is, DOMA is not repealed as fast we we want, so now what are we going to do? By blaming Obama for not acting fast enough? How do you know that Obama is not going to push DOMA after the health care reform is done? So you rather have an openly homophobic President than a liberal president who might not meet your expectation of passages of important gay rights bills, so you are telling me now you prefer Bush than Obama just because he is honest, and he sticks to his gun about his anti gay views???

  • Name: Bryan
    Date posted: 11/18/2009 10:56:09 AM
    Hometown: San Francisco

    Comment:

    Chung Fang: Thirdly, if holding politicians' feet to the fire makes me "no better than a teabagger", then so be it. At least I still have my honesty and integrity in tact whilst the Blessed Lord Obama tosses me his breadcrumbs. PS: For what it's worth, I'm NOT a member of the GOP. I voted for the President in the 2008 election, and would (so far) do it again, as LGBT issues played no factor in my having voted for him (I saw through his shallow promises when he made them on his campaign). As a critical thinker, I simply refuse to idolize the man.

  • Name: Bryan
    Date posted: 11/18/2009 10:50:31 AM
    Hometown: San Francisco

    Comment:

    Chung Fang: Secondly, I noticed you didn't bother responding to what I stated about the President allegedly having his hands tied behind the DoJ, yet you continue to apologize for him (just as I predicted). I wonder why? :-p Thirdly, I don't think it's close to being "whiny" to keep politicians to their word. You're right, no recent American president (or presidential candidate) has made as many promises to LGBT people as President Obama, yet unlike you, I'm not so naive to get cheery about empty promises. I'd rather have an open homophobe as president than one who pays mere lip service to our constituency. This is a very serious question: What DOES the President have to do (or more importantly, NOT do) for you to cease giving him the benefit of the doubt? Is there ANYTHING for which the man is not beyond criticism, or has he long ago become your Jesus figure?

  • Name: Bryan
    Date posted: 11/18/2009 10:43:55 AM
    Hometown: San Francisco

    Comment:

    Chung Fang: Firstly, I think you have me confused for someone else (or there's another Bryan in SF posting here) as I've never made a single comment about health care in any article. I visit this site ONLY for LGBT news, and have a slew of other periodicals for other political matters. Most importantly, I'd never make such an asenine comment about health care even if I were to make any comment about the topic. I just so happen to favor health care reform, am an advocate for a single payer, universal system (something just a tad bit more liberal than what the House had passed).

  • Name: Chung Fang
    Date posted: 11/18/2009 8:48:00 AM
    Hometown: Los Angeles

    Comment:

    You are the one of the reasons we keep losing battles. A whole bunch of inpatient, whiny, unrealistic, irrational, lack of bigger picture queers who want nothing but gay marriage, who do not know the importance of strategy. So yeah, keep blaming on Obama and Dems, and stop giving money to them, you think your refusal to contribute to dems will make a difference to the dems? Nah, we are consisted of 4 to 5 percent of the whole population. We are expandable, they don't need us. The whole gay community is a whole bunch of bratty little gays who just want to make a fucking point without realizing how important it is to be strategic and calm, and now what, you are just voicing your frustrations and anger on advocate and to each other? No one cares except you might feel better if you can find someone to blame, like Obama. I am not defending Obama, call it what you want. You are no different than those T party right wingers who are looking for reasons to blame. Shame on you!

  • Name: Chung Fang
    Date posted: 11/18/2009 8:40:29 AM
    Hometown: Los Angeles

    Comment:

    You are a whole bunch of idiots and whiners, so you think you can solve the problem by blaming Obama? All I hear is "I am fed up with dems and Obama", so tell me something, at least Obama has come out and said he would fight for gay rights, can you tell me how many presidents over the past have done the same thing? Bush? Ragen? Clinton?(DOMA and DADT). So what exactly do you think Obama should've done? Repeal DOMA right away??? You know it is not that simple to repeal a law, it has always been slow when it comes to passage of bills and change of federal laws, and don't fucking tell me we have been waiting this long, you have not been waiting for shit, you have been waiting for about almost, what, a year????LOL. Nothing has been done? What about Respect of Marriage Act?? What about Obama's gay speech at HRC? What about the hate crime bill and the HIV ban lifting?OH no, you want it now, and now you want to abandon Dems and Obama just because he's acting not fast enough??



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