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Southern Poverty Law Center Files Lawsuit Against DOMA

Thursday, February 2nd, 2012

The Southern Poverty Law Center has filed a lawsuit challenging the Defense of Marriage Act. They have filed the suit on behalf of Tracey Cooper-Harris, who served in the US Army for twelve years. She received multiple commendations while in the military. She is also married. . .to a woman. This means that she does not get the same disability benefits as heterosexual veterans.

The suit challenges the constitutionality of DOMA as well as the law that governs the Department of Veterans Affairs policy on these matters.

Severicemembers Legal Defense Network Executive Director Aubrey Sarvis welcomed the lawsuit. The Army veteran stated “SLDN welcomes today’s filing by the Southern Poverty Law Center and looks forward to coordinating in any way they deem appropriate. We have worked with the plaintiff, Tracey Cooper-Harris, in the past, and we believe that her case is compelling. This filing today advances the cause of equality for gay and lesbian service members and veterans.”

Full Story from Lez Get real

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MN: Appeals Court Breathes Life Back Into Marriage Equality Lawsuit

Monday, January 23rd, 2012

Minnesota Marriage Equality Lawsuit RulingA Minnesota appeals court today ruled that District Judge Mary Dufresne wrongfully dismissed a 2010 lawsuit brought by three gay couples when she rejected the couples’ claims on the basis of Baker vs. Nelson, a 1971 Minnesota Supreme Court decision that said limiting marriage to opposite-sex couples does not violate the U.S. Constitution.

The Star-Tribune reports:
In the 15-page unpublished ruling, the Appeals Court ruled that Dufresne was right when she threw out the suit because the state was not an eligible defendant and because it did not violate the couples’ religious freedom, but that she improperly relied on the Baker case. The couples should be granted an opportunity in district court to prove their rights were violated, Judge Renee L. Worke wrote.

“…Even if the right to marry is not considered a fundamental right, appellants should have been granted an opportunity to show that MN DOMA is not a reasonable means to its stated objective — to promote opposite-sex marriages to encourage procreation,” Worke wrote.

Full Story from Towleroad

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MN: Appeals Court Ruling Expected on Marriage Equality Lawsuit

Monday, January 23rd, 2012

Minnesota Marriage Equality Lawsuit RulingAn appeals court is expected to make a ruling over a group’s lawsuit claiming gay marriage should be legal in Minnesota.

Back in March, a judge denied the group Marry Me Minnesota’s request to legalize gay marriage.

She said it did not violate the due process, equal protection, religious freedom or freedom of association rights for gay couples.

Full Story from CBS Minnesota

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IL: Man Sues to Overturn Springfield Health Benefits Decision

Sunday, January 15th, 2012

Springfield, IL Health Benefits and Civil UnionsA lawsuit has been filed by Bruce Rushton, a reporter for the Illinois Times, claiming that the Springfield Joint Labor/Management Health Care Committee voted to grant health benefits to couples in civil unions. Rushton claims that the Committee violated the Open Meetings Act. He hopes to have the decision by the committee declared void.

The Civil Rights Agenda stated in a press release:

The Civil Rights Agenda is currently working with members of the Springfield City Council and other allies to determine the best course of action. The Civil Rights Agenda’s Legal Council confirms that the Committee meeting, held in private with no notice to the public, could in fact be a violation of the Open Meetings Act. While it is unfortunate that this may impede the enforcement of civil union health benefits that should be granted to Springfield city employees, The Civil Rights Agenda must address the larger issues of freedom of speech, freedom of the press, and access to decision-making bodies acting on behalf of the public, which is addressed under the Open Meetings Act.

Full Story from Lez Get Real

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Canadian Government Backtracks on Invalidation of Foreign Same Sex Weddings

Friday, January 13th, 2012

Parliament in OttawaThe Canadian Minister Of Justice, Rob Nicholson, on Thursday afternoon announced that the Canadian government will re-work the current marriage law to allow non-resident couples married in Canada to obtain divorces, and in a statement said, “I want to be very clear that the government has no intention of reopening the debate on the definition of marriage.”

The statement comes in response to a controversy that erupted earlier in the day in what appeared to be a reversal of the Canadian marriage law, revealed in legal filing in a Ontario court brought by a lesbian couple seeking a divorce.

Legally wed in 2005 under the statue in Toronto, the couple were informed they cannot seek or obtain a divorce because an opinion by a Canadian Department of Justice lawyer stated their marriage is not legal under Canadian law since they could not have lawfully wed in Florida or England, where the two partners reside.

Full Story from LGBTQ Nation

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NC: AG Will Defend State Anti Marriage Equality Law in Lawsuit

Sunday, January 1st, 2012

North Carolina Marriage Equality LawsuitThe group rallying support for a state constitutional ban on gay marriage and civil unions sent Attorney General Roy Cooper a letter Thursday asking if he is going to defend a lawsuit that challenges the state’s marriage laws.

The Vote for Marriage NC Referendum Committee asked for Cooper’s answer by Jan. 8. A spokesman for Cooper’s office told Dome on that, yes, they will be defending the suit.

Guilford County Registrar of Deeds Jeff Thigpen, Greensboro ministers and Triad residents filed a suit Dec. 8 challenging state laws that require couples to seek licenses and participate in a marriage ceremony conducted by a magistrate, pastor, priest or rabbi. The suit argues that it is unconstitutional for the state to prevent pastors, priests and rabbis from solemnizing marriages of same-sex couples.

Full Story from the News Observer

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HI: Judge Denies Churches’ Request to Block Civil Unions Law

Saturday, December 31st, 2011

Hawaii Civil Unions LawsuitCome the New Year couples can officially enter into Civil Unions in Hawaii. “We have countless couples ready to enter into Civil Unions on January 1st and January 2nd,” says Alan Spector, Equality Hawaii. But, a lawsuit filed this week, tried to stop it from happening.

Emmanuel Temple, the House of Praise in Wahiawa and Lighthouse Outreach Assembly of God in Waipahu filed for a temporary restraining order and preliminary injunction to block the implementation of the Civil Union law, saying the law violates their civil rights and constitutional protections for religious freedom.

“The law hasn’t even gone into effect yet and they’re suing, claiming they will be forced to host Civil Union ceremonies in their churches when that hasn’t happened,” says Spector.

Full Story from KHON2

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HI: Churches File Lawsuit to Block Civil Unions Law

Thursday, December 29th, 2011

Hawaii Civil Unions LawsuitTwo Christian churches have filed a federal complaint to stop Hawaii’s new civil union law in its tracks, claiming the legislation is unconstitutional.

Set to take effect on Jan. 1, the law makes Hawaii the seventh state to give same-sex couples the same rights and benefits as married couples, via application of the tax code.

“The family court of each circuit shall have jurisdiction over all proceedings relating to the annulment, divorce, and separation of civil unions entered into in this state in the same manner as marriages,” Act 1 reads.

Although not legal marriage, some believe the law could lead to such. Applications are already available online and will be accepted only at the state health department, in person, starting Jan. 1.

Full Story from CNS

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France: Gay Couple Files Suit for Recognition of Their Spanish Marriage

Saturday, December 24th, 2011

French Gay Couple Sues for Marriage EqualityA gay couple has filed a legal challenge to have France recognize their Spanish marriage, France’s Liberation reported.

Manuel de Aguirre, a Spanish engineer living in France since 1969, and Antonio Damieta, who holds dual French and Spanish citizenship, were married last February in the Spanish consulate in Cape Town, South Africa. Spain legalized gay marriage in 2005.

The couple attempted to have their union recognized upon their return to Paris, but were denied.

Full Story from On Top Magazine

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DoJ Finally Argues Against DOMA

Monday, December 19th, 2011

DOMA Repeal and the Department of DefenseOn Friday in San Francisco, the Justice Department made its first court appearance in a lawsuit challenging the Defense of Marriage Act (DOMA) since President Obama’s administration first declared that the 1996 law is unconstitutional.

On Friday evening I was privileged to attend a meeting of the San Francisco BAR Association where Tony West, Assistant Attorney General for the Department of Justice’s Civil Division met with lawyers to discuss his Department’s evolution on the issue and the argument which he delivered earier the same day.

Golinski v. United States Office of Personnel Management: Karen Golinski, who is represented in the case by Lambda Legal, is herself an attorney and an employee of the U.S. Court of Appeals for the ninth circuit. Golinski sued the federal government in January 2010, after she was denied spousal health benefits for her wife, Amy Cunninghis.

Full Story from Gay USA

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