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MA: AG Asks Federal Judge to Find DOMA Unconstitutional

Saturday, February 20th, 2010

A federal law that defines marriage as a union between a man and a woman forces Massachusetts, the first state in the country to legalize gay marriage, to discriminate against same-sex couples, state Attorney General Martha Coakley argues in court papers. Coakley’s office filed a lawsuit in July challenging the federal Defense of Marriage Act.

In court papers filed in US District Court on Thursday, Coakley asked a judge to deem the law unconstitutional without holding a trial on the lawsuit.

Coakley argues that regulating marital status has traditionally been left to the states. She said the federal law treats married heterosexual couples and married same-sex couples differently; for instance, when determining eligibility for Medicaid benefits and when determining whether the spouse of a veteran can be buried in a Massachusetts veterans cemetery. The law forces Massachusetts “to engage in invidious discrimination against its own citizens in order to receive and retain federal funds in connection with two joint federal-state programs,” Coakley said in the court filing.

Full Story from Boston.com
Click here for gay marriage resources in Massachusetts.
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Posted in ag, attorney general, defense of marriage act, doma, federal lawsuit, Gay Marriage, ma, marriage equality, massacgusetts, same sex marriage | No Responses »

CA: Too Late for Imperial County to Intervene in Prop 8 Case, Plaintiffs Argue

Saturday, January 2nd, 2010

It’s too late for Imperial County to intervene in gay marriage litigation, claim plaintiffs opposing the county’s intervention filed in federal court. Lawyers for the plaintiffs filed the opposition Wednesday, according to court documents. They ask the court to deny the motion to intervene because the county has failed to satisfy the requirements to intervene in the case.

The county voted Dec. 15 to join the federal case involving Proposition 8, which made same-sex marriage illegal in California. The lawsuit, filed after Proposition 8 was passed in November 2008, claims the proposition is unconstitutional.

The county made a motion to intervene as defendants in the case, which would allow it to appeal should Proposition 8 be overturned, County Counsel Michael Rood said in a previous interview.

Full Story from IV Press Online: http://www.ivpressonline.com/articles/2010/01/02/local_news/news03.txt

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Posted in federal lawsuit, Gay Marriage, imperial county, marriage equality, prop 8, proposition 8, same sex marriage | No Responses »

9th Circuit Likely to Overturn Prop 8 Campaign Document Disclosure Order

Saturday, December 5th, 2009

Looks like Northern District of California Chief Judge Vaughn Walker is going to suffer his first reversal in the federal challenge to Proposition 8. The 9th U.S. Circuit Court of Appeals continued a stay of Walker’s order forcing the Yes on 8 campaign to turn over internal documents and e-mails to challengers of the measure. In its order, the court said the campaign had made a “strong showing” that it would succeed on the merits of the discovery issue.

Ninth Circuit Judges Kim Wardlaw, Raymond Fisher and Marsha Berzon — all Clinton appointees — also indicated that they would make a formal ruling “promptly.”

In arguing that Prop 8 violates federal due process and equal protection provisions, plaintiffs sought the campaign documents to help prove a discriminatory intent behind the anti-gay marriage effort. The Yes on 8 camp countered that such disclosures would abrogate the campaign’s First Amendment rights.

Full Story from Law.com: http://www.law.com/jsp/article.jsp?id=1202436079485&Gay_Marriage_Foes_Win_Some_Satisfaction_From_th_Circuit

Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Posted in 9th circuit court of appeals, campaign documents, disclosure, federal lawsuit, Gay Marriage, prop 8, proposition 8 | No Responses »

MA: Analysis of the Case Against the Defense of Marriage Act

Tuesday, December 1st, 2009

The focus of the legal dispute over the federal refusal to recognize same-sex unions has shifted from California to Massachusetts, where the courts will tackle the question of whether Congress must treat all state-approved marriages equally.

On one side are gay and lesbian couples who can’t file joint tax returns, receive their partners’ Social Security benefits or enjoy other rights that the government grants to opposite-sex spouses. They are joined by the state of Massachusetts, which says it is being forced by federal law to become an accomplice to discrimination.

On the other side is the Obama administration, which says the law it is defending is wrongheaded but constitutional.

Full Story from SFGate: http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2009/12/01/MNF51A8UO8.DTL

Click here for gay marriage resources in Massachusetts.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Posted in case, defense of marriage act, doma, federal lawsuit, ma, massachusetts, states rights | No Responses »

CA: Court Says Anti Gay Group Can't Intervene in Prop 8 Gay Marriage Case

Friday, November 20th, 2009

A “traditional-values” group lost a bid to a U.S. appeals court in San Francisco on Thursday to become an official party defending California’s same-sex marriage ban against a federal lawsuit. The 9th U.S. Circuit Court of Appeals rejected an appeal in which the Sacramento-based Campaign for California Families sought to become an intervenor, or party, in a lawsuit filed by two same-sex couples in May.

The lawsuit challenging the ban enacted by voters last year as Proposition 8 is scheduled to go to trial before U.S. District Judge Vaughn Walker in San Francisco on Jan. 11.

In Thursday’s ruling, a three-judge panel of the appeals court said the interests of the campaign for California Families will be adequately represented in the case by the proponents of Proposition 8 and their committee, ProtectMarriage.com.

Full Story from CBS5: http://cbs5.com/politics/prop.8.lawsuit.2.1323691.html

Planning to marry your partner? Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Posted in camoaign for california families, federal lawsuit, prop 8, proposition 8 | No Responses »

Update on Massachusetts Case Against DOMA

Wednesday, November 18th, 2009

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.

Full Story from the Advocate: http://www.advocate.com/News/Daily_News/2009/11/17/Federal_Marriage_Lawsuit_Continues/

Planning to marry your partner? Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Posted in defense of marriage act, doma, federal lawsuit, Gay Marriage, ma, massachusetts | No Responses »

Analysis of the Federal Case Over Prop 8, Gay Marriage in California

Tuesday, October 27th, 2009

In a San Francisco courtroom two weeks ago, a prominent lawyer opposed to same-sex marriage made a concession that could mark a turning point in the legal wars over the purpose and meaning of marriage.

The lawyer, Charles J. Cooper, has studied the matter deeply, and his erudite briefs are steeped in history. He cannot have been blindsided by the question Judge Vaughn R. Walker asked him: What would be the harm of permitting gay men and lesbians to marry?

“Your honor, my answer is: I don’t know,” Mr. Cooper said. “I don’t know.”

A couple of hours later, Judge Walker denied Mr. Cooper’s motion to dismiss a lawsuit seeking to establish a constitutional right to same-sex marriage. The concession and the ruling that followed it have transformed a federal lawsuit that had been viewed with suspicion by many gay rights advocates into something with the scent of promise.

Full Story from Gainesville.com: http://www.gainesville.com/article/20091027/ZNYT02/910273002/1002/NEWS01?Title=In-Battle-Over-Gay-Marriage-Timing-May-Be-Key

Planning to marry your partner? Click here for gay marriage resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Posted in ca, california, federal lawsuit, Gay Marriage, prop 8, proposition 8 | No Responses »