USA: Defense of Marriage Act / Prop 8 Updates

Written by scott on February 22nd, 2013

Lots of random news on the DOMA / Prop 8 cases today. First, from Matt Baume, we have an explanation of AFER’s Prop 8 brief, just filed with the Supreme Court:

Breaking news: the plaintiffs in the Prop 8 case have filed their brief before the US Supreme Court. It’s an incredible record of the case so far, and a preview of the argument they’ll make next month when they appear before the court. Let’s run through the brief and take a look at some of the highlights.

More on the AFER brief from The Washington Blade:

“It denies gay men and lesbians their identity and their dignity; it labels their families as second-rate,” the brief concludes. “That outcome cannot be squared with the principle of equality and the unalienable right to liberty and the pursuit of happiness that is the bedrock promise of America from the Declaration of Independence to the Fourteenth Amendment, and the dream of all Americans.”

The Blade also points out that the Obama Administration is still dithering on whether to file their own brief with the Supreme Court, with just a week left until the deadline:

White House Press Secretary Jay Carney directed questions on Thursday from CBS News to the Justice Department on whether the administration would file a brief, saying he doesn’t have a “hint for you either way” on whether the administration will speak out against Prop 8. “I think you have seen no expression from the president on the constitutional or legal aspects of this,” Carney said. “He has an opinion, obviously, about Proposition 8 as policy, but we have no comment and nothing to say at this point about an issue that is properly looked at as a legal and constitutional matter over at the Department of Justice.”

Over at Towleroad, they’re reporting on how DOMA impacts the gay military couple who got engaged at the white house:

Today, the Center for American Progress and OutServe/SLDN profile the soon-to-be-married couple, who will be heading for Okinawa, Japan soon when Phelps takes on a new assignment, in a video highlighting the financial struggles they’ll incur because of DOMA: As long as DOMA remains in effect and the cost of his moving is taken into consideration, Capt. Phelps may expect to receive about $20,000 less in benefits and allowances than the other married servicemen that he serves beside.

And On Top Magazine talks about a new report titled Collateral Damage, which hilights almist 100 benefits gay and lesbian troops are denied because of the Defense of Marriage Act:

“The Defense of Marriage Act was enacted before same-sex marriage was legal anywhere in the United States,” Katie Miller, author of the report, said in a press release. “Now that nine states have broken down that barrier, it is time that the integrity of all marriages is defended by federal law. No man or woman who dedicates their life to the protection of our country should have to worry about their families being cared for in their absence. Creating two classes of service members is no way to treat our troops and no way to run our military.”

And finally, Joe.My.God says the Family research Council has joined NOM as a co-sponsor of the anti-gay rally planned for the days of the Supreme Court arguments:

Good As You tips us that the FRC has signed on to cosponsor NOM’s hate march on the Supreme Court next month.

Just over a month away…


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