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MA, USA: DOMA Lawsuit Gets Hearing Next Week

Thursday, March 29th, 2012

DOMA Lawsuit Hearing in BostonLitigation challenging the Defense of Marriage Act — as well as House Republicans’ continued defense of the anti-gay law — is receiving renewed attention as a court hearing is set to take place next week in Boston on the constitutionality of the statute.

On Wednesday starting at 10 a.m., a three-judge panel on the First Circuit Court of Appeals will hear arguments on DOMA, which prohibits federal recognition of same-sex marriage, marking the first time an appellate court has considered the constitutionality of the statute.

Normally, oral arguments before the court last 30 minutes, but that time has been extended for an entire hour because judges are hearing two cases: Gill v. Office of Personnel Management, filed by Gay & Lesbian Advocates & Defenders, and Commonwealth of Massachusetts v. Department of Health & Human Services, filed by Massachusetts Attorney General Martha Coakley.

Full Story from The Washington Blade

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USA: Lesbian Federal Employee Wins Health Care Coverage for Partner

Wednesday, March 28th, 2012

Karen Golinski, a federal employee, has won health-care coverage for her wife, Amy Cunninghis.

Gay rights advocates believe this is the first time the federal government has extended such benefits to a gay worker, The Washington Post reported.

In a March 9 letter to Blue Cross Blue Shield, the Office of Personnel Management (OPM) said that “OPM hereby withdraws any outstanding directive regarding the enrollment of Ms. Golinski’s wife, Amy C. Cunninghis, in her family health benefits plans.” The letter was signed by Shirley Patterson, assistant director of federal employees insurance operations for OPM.

Full Story from On Top Magazine

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Queensland, Australia: Repeal of Civil Unions Could Wind Up in Court

Sunday, March 25th, 2012

Queensland Civil Unions RepealQUEENSLAND gay and lesbian community could seek legal action against the new Liberal National Party (LNP) government if it repeals civil union legislation.

Premier-elect Campbell Newman announced during the election campaign that he would consider repealing same-sex civil union laws introduced by Labor last year.

But Parents and Friends of Lesbians and Gays spokeswoman Shelley Argent said the gay and lesbian community would fight tooth and nail against any repeal.

Full Story from The Australian

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DC: Boehner to Intervene in Troops’ DOMA Lawsuit?

Saturday, March 10th, 2012

DOMA Lawsuit and John BoehnerA Republican-led House panel may intervene as soon as next week against litigation that aims to overturn the Defense of Marriage Act on the grounds that it unfairly prohibits gay troops from obtaining benefits for their same-sex spouses.

The litigation, known as McLaughlin v. Panetta, was filed on behalf of gay troops and veterans by Servicemembers Legal Defense Network and Chadbourne & Parke LLC. It’s pending before the District Court of Massachusetts.

Christopher Man, counsel at Chadbourne & Parke LLC, told the Blade via email on Saturday he believes the Bipartisan Legal Advisory Group, led by House Speaker John Boehner, is “likely to intervene soon, possibly as soon as next week” and plaintiffs will oppose the intervention.

Full Story from The Washington Blade

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NJ: Judges Ruling Bolsters Marriage Equality Lawsuit

Wednesday, February 22nd, 2012

New Jersey Marriage Equality LawsuitA lawsuit asserting that New Jersey’s civil union law does not provide proper benefits to same-sex couples has been bolstered by a state Superior Court judge’s ruling.

Superior Court Assignment Judge Linda Feinberg is allowing the suit against the state to include a previously dismissed argument that New Jersey’s marriage laws deny equal protection under the 14th Amendment to the U.S. Constitution.

Other courts have considered challenges to discriminatory state marriage practices based on federal constitutional grounds, the judge noted in her ruling published Tuesday.

Full Story from USA Today

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CA: The Prop 8 Case, A Primer

Wednesday, February 22nd, 2012

Prop 8 PrimerThe proponents of Proposition 8 have filed the necessary paperwork today asking the U.S. Court of Appeals for the Ninth Circuit to reconsider the three-judge panel’s decision on Feb. 7 in Perry v. Brown that Proposition 8 is unconstitutional.

The lead attorney for the proponents of Proposition 8 told Metro Weekly earlier today that they would be filing such a motion. After the judges receiving a full briefing from the parties as to whether the matter should be reheard, all active circuit judges will vote as to whether an en banc rehearing should be held.

If a majority vote in the affirmative, the chief judge of the circuit, Alex Kozinski, and 10 other randomly selected circuit judges will hear the appeal.

Full Story from Metro Weekly

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HI: Governor Abercrombie Won’t Defend State’s Ban on Same Sex Weddings

Wednesday, February 22nd, 2012

Governor Abercrombie and Marriage Equality LawsuitHawaii Gov. Neil Abercrombie says that he agrees with and will not defend against a lawsuit calling his state’s ban on same-sex marriage unconstitutional. Also being sued is the license-issuing Hawaii Department of Health, who will defend themselves.

“Under current law, a heterosexual couple can choose to enter into a marriage or a civil union. A same-sex couple, however, may only elect a civil union. My obligation as Governor is to support equality under law. This is inequality, and I will not defend it,” Abercrombie said.

[Health Department Director Loretta] Fuddy said it is her job to administer the law now on the books and that is what she must do. “The Department of Health is charged with implementing the law as passed by the Legislature.,” said Fuddy. “Absent any ruling to the contrary by competent judicial authority regarding constitutionality, the law will be enforced. Because I am being sued for administering the law, I will also defend it,” said Fuddy.

Full Story from Joe.My.God

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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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