See news story here: windycitytimes.com/lgbt/DOMA-done-Prop-8-undone/43430.html .
National ACLU comments
The U.S. Supreme Court today ruled that section three of the so-called “Defense of Marriage Act” is unconstitutional and that the federal government cannot discriminate against married lesbian and gay couples for the purposes of determining federal benefits and protections. Today’s ruling is a historic victory for gay and lesbian Americans and a tremendous step forward for the cause of equality.
The court’s ruling said: “The history of DOMA’s enactment and its own text demonstrate that interference with the equal dignity of same-sex marriages, a dignity conferred by the States in the exercise of their sovereign power, was more than an incidental effect of the federal statute. It was its essence.”
The justices ruled in favor of Edith “Edie” Windsor, who sued the federal government for failing to recognize her marriage to her partner Thea Spyer after Spyer’s death. Windsor and Spyer met in the early 1960s. Spyer was diagnosed with multiple sclerosis in 1977, and Windsor helped her through her long battle with the disease, which eventually left Spyer paralyzed. Windsor and Spyer, who were a couple for 44 years, were married in 2007. When Spyer died in 2009, she left all of her property to Windsor, including the apartment that they shared. But because DOMA prevented the federal government from recognizing the marriages of gay people, Windsor was forced to pay $363,000 in estate taxes that she would not have owed if she had been married to a man. Windsor’s attorneys argued that DOMA denied her, and other gay and lesbian married couples, the equal protection of the law guaranteed by the U.S. Constitution.
“DOMA violated the fundamentally American principles of fairness and equality,” said Windsor. “Because of today’s Supreme Court ruling, every child born today will be able to grow up in a world without DOMA — a world where the federal government won’t discriminate against their marriages no matter who they are. I know Thea would have been so happy and proud to see how far we have come in our fight to ensure that all gay and lesbian couples are treated with the dignity and respect that they deserve.”
“This historic ruling recognizes how unfair it is to treat married lesbian and gay couples as though they’re legal strangers,” said James Esseks, director of the American Civil Liberties Union’s Lesbian Gay Bisexual Transgender Project. “Edie and Thea were there for each other in sickness and in health like any other married couple. It’s only right for the federal government to recognize their marriage and the life they built together.”
“This is truly a day for the history books, one that will be marked by future generations as a giant step forward along our nation’s continuing path towards equality,” said Roberta Kaplan of Paul, Weiss, who argued Windsor’s case at the Supreme Court. “DOMA was the last law on the books that mandated discrimination against gay people by the federal government simply because they are gay. The days of ‘skim milk’ or second-class marriages for gay people are now over.”
“Today, the Supreme Court reinforced its commitment to the promise of ‘Equal Justice Under Law.’ This is a great day, and a reminder that when individual citizens like Edie Windsor have the courage to stand up for their rights, they can achieve fundamental change,” said Pamela Karlan, co-director of the Stanford Law School Supreme Court Litigation Clinic.
“This is a great day for equality and the beginning of the end of official discrimination against people who are lesbian and gay,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “We are delighted for Edie and for families across the country.”
Both a federal district court and a federal appeals court ruled in Windsor’s favor previously.
Windsor is represented by the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, the American Civil Liberties Union, the New York Civil Liberties Union, and the Stanford Law School Supreme Court Litigation Clinic.
More on this case can be found at:
aclu.org/edie .
The decision can be found at:
aclu.org/lgbt-rights/windsor-v-united-states-supreme-court-decision .
This press release is available at:
aclu.org/lgbt-rights/us-supreme-court-declares-core-section-defense-marriage-act-unconstitutional .
President Obama calls HRC President and Prop 8 plaintiffs to offer congratulations
WASHINGTON — Calling from Air Force One, President Obama this morning placed a call to HRC President Chad Griffin’s cell phone in order to offer his congratulations to Prop 8 plaintiffs Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo. The call came as Perry and Stier were speaking to Thomas Roberts live on MSNBC. During the call which lasted two minutes and caller ID labeled “unknown,” the President expressed his thanks to the plaintiffs for their courage and determination in returning marriage equality to California.
“We’re proud of you guys, and we’re proud to have this in California,” Obama said, according to audio that aired live on MSNBC as the president spoke by phone from aboard Air Force One en route to Senegal. “And it’s because of your leadership things are heading the right way. So you should be very proud today.”
Watch the call here: youtu.be/T3uXbMJftBc
The Administration had filed a brief in the Perry case arguing for an end to Proposition 8.
American Foundation for Equal Rights statement
Washington, DC — Today, in a historic victory for marriage equality, the United States Supreme Court issued a decision in Hollingsworth v. Perry that restores marriage equality to California.
The American Foundation for Equal Rights (AFER) is the sole sponsor of Hollingsworth v. Perry, the landmark federal constitutional challenge to California’s Proposition 8. It is the first case involving the right of gay and lesbian Americans to marry ever to be fully briefed and argued before the Supreme Court.
In today’s decision, the Court dismissed the Perry case for lack of jurisdiction because the Proponents of Proposition 8 do not possess legal standing to appeal the lower court rulings that invalidated Proposition 8. The decision makes permanent the landmark United States District Court ruling that found Proposition 8 unconstitutional.
As a result of today’s decision, gay and lesbian couples will be able to marry in California once the District Court’s judgment takes effect. In August 2010, the District Court held:
“Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”
“Today is a great day for American children and families,” said Plaintiff Kris Perry. “Sandy and I want to say how happy we are, not only to be able to return to California and finally get married, but to be able to say to children in California that no matter where you live, no matter who your parents are, no matter what family you are in: you are equal, you are as good as your friends’ parents and as your friends. We believed from the very beginning that the importance of this case was to send a message to the children of this country that you are just as good as everybody else no matter who you love, no matter who you’re parents love.”
“Today is not just about us, it is about kids in the South, it is about kids in Texas, it is about kids everywhere. And we really need to take this fight all the way and win equality for everyone in this entire country,” said Plaintiff Sandy Stier.
“This is a historic victory for California, for equality, and, most of all, for loving gay and lesbian couples and their families. Because of this decision, today we are more American,” said Adam Umhoefer, executive director of AFER.
“As historic as today’s Supreme Court decision is, 37 states still treat gay and lesbian Americans and their children as unequal, second-class citizens. That means that countless children still do not have the security and protection that marriage would provide their parents. The Court needs to recognize that the Constitution guarantees these families and loving, committed couples full equality under the law. Our work is not complete until marriage equality is a reality for all Americans,” added Umhoefer.
“The Perry case changed the conversation. It altered the game,” said Plaintiff Jeff Zarrillo. “It created a groundswell of momentum and passion that brought us here to the Supreme Court today. Today, the Court said that I am more equal, that we are more equal, our love is just like our parents and grandparents and that any children we may have in the future will be more secure. I look forward to growing old with the man I love. Today is a great day to be an American.”
“Today, we are closer to marriage equality for all,” said Plaintiff Paul Katami. “We are lucky, but we know that this fight continues across the country. We cannot forget our LGBT brothers and sisters that are in states that still discriminate against them, and we will not allow it. We will continue the fight until all of us our equal. We stand on the shoulders of so many people that came before us. People that risked their lives to stand up and be who they are. They gave us the legs to stand up on today. They gave us the momentum to run with and the voice to speak loudly and say proudly: we are gay, we are American, and we will not be treated like second-class citizens.”
Enacted in November 2008, Proposition 8 eliminated the fundamental freedom of gay and lesbian Californians to marry. With today’s decision, California joins 12 other states and the District of Columbia in recognizing the fundamental right of gay and lesbian couples to marry. As the nation’s most populous state, with more than 37 million residents, California substantially increases the number of Americans—approximately 94 million people, or 30 percent of the United States population—who live in a state with marriage equality.
“This is a momentous victory for America’s constitutional commitment to equal rights for all. Today’s decision by the Supreme Court permits the plaintiffs we represent—and tens of thousands of gay and lesbian Californians—to exercise the freedom to marry the person they love,” said Plaintiffs’ lead co-counsel Theodore B. Olson of Gibson, Dunn & Crutcher LLP. “With Proposition 8 finally gone, our nation moves one giant step closer toward the day when every American—in every state—will be able to equally enjoy the fundamental freedom to marry. This is a proud day for all Americans.”
“After years of unjust and unlawful discrimination, gay and lesbian Californians will no longer be treated as second-class citizens, unworthy of the fundamental right to marry the person they love,” said Plaintiffs’ lead co-counsel David Boies of Boies, Schiller & Flexner LLP. “As we have said from the very beginning of this case, the denial of that fundamental right seriously harms gay and lesbian Americans and the children they are raising. It serves no legitimate state interest. Our Constitution guarantees liberty and equality for all, and today that promise was fulfilled for tens of thousands of gay and lesbian Californians and their families.”
The Supreme Court also issued a decision today in United States v. Windsor, concluding that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional because it violates the Constitution’s guarantee of equal protection of the laws. In an opinion by Justice Anthony M. Kennedy, the Court held that DOMA “demeans” gay and lesbian couples and “humiliates tens of thousands of children now being raised by [those] couples.”
Enacted by Congress in 1996, Section 3 of DOMA nullified the marriages of gay and lesbian couples for all purposes of federal law. With the end of the Section 3 of DOMA, the federal government will no longer be permitted to exclude legally married gay and lesbian couples from the federal rights, benefits, and burdens that govern all other married couples.
The Windsor case was brought on behalf of Edith (“Edie”) Windsor by the American Civil Liberties Union, the New York Civil Liberties Union, and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP.
READ SUPREME COURT’S DECISION HERE: www.afer.org/marriageinca .
READ THE FEDERAL DISTRICT COURT’S DECISION HERE: www.afer.org/wp-content/uploads/2010/08/Prop8Decision.pdf .
Statement of John Knight, Director
LGBT Project of the American Civil Liberties Union of Illinois
RE: Supreme Court of the United States decision in United States v. Windsor
Congratulations to the spirited and courageous Edie Windsor whose 44-year loving relationship to Thea Spyer has inspired a generation of Americans. Today’s Supreme Court ruling in her favor is an historic victory for Edie, as well as for lesbians and gay men across the nation. The Court today struck down the core of the Defense of Marriage Act (DOMA), which requires our federal government to treat legally married gay and lesbian couples as strangers rather than respecting and recognizing their marriages as it does for straight couples.
Thanks to the mettle of Edie and the talent and expertise of my colleagues at the ACLU National LGBT Project who, along with the NYCLU and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, represented Edie, and to the many talented advocates who submitted friend-of-the-court briefs in her support, that discrimination ends today.
After today’s ruling, the more than 1100 federal benefits and programs where being married makes a difference — from family medical leave, to social security survivor benefits, to access to health care for spouses of federal employees — now will be available to gay and lesbian couples who are legally married across the nation. DOMA is the last federal law on the books that mandates discrimination against gay and lesbians. It is a great day for equality.
This decision adds to the urgency for the Illinois House to pass Senate Bill 10, extending the freedom to marry to same-sex couples in our state. Couples all across Illinois — including the couples we represent in litigation challenging Illinois’ discriminatory marriage law — deserve the dignity and universal recognition of marriage for their loving committed relationships and their children. The second-class status offered by civil unions demeans these relationships and invites discrimination. With the demise of DOMA, the harm of denying same-sex couples the freedom to marry is compounded because the many crucial federal benefits now available to all married couples are unavailable to couples in civil unions.
The full House should act quickly to pass this historic legislation. Illinois can then join the growing list of states that are advancing fairness by recognizing the freedom to marry for same-sex couples.
Read the decision here: www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf .
Statement by Chicago Mayor Rahm Emanuel
“The Supreme Court’s decision today is a major step forward in the ongoing fight to ensure that government won’t discriminate and will treat all love equally. This decision should strengthen our commitment in the State of Illinois toward ensuring that the life-long commitments of all Americans are honored and respected by the law. The state should not be standing in the way of two people loving each other. America has faced obstacles on our journey to equality before and we have always overcome them. The struggle for marriage equality will be no different.”
Lambda Legal response
(Washington, June 26, 2013) – In two profoundly important rulings today, the U.S. Supreme Court declared Section 3 of the federal, so-called Defense of Marriage Act (DOMA) to be unconstitutional, and also found that the proponents of California’s discriminatory Proposition 8 lacked legal standing to appeal a lower court ruling striking down the amendment. Lambda Legal issued the following statement from Legal Director Jon Davidson:
“Two ugly chapters in the history of our nation and of California are finally over. DOMA’s core has been struck down, and the California Constitution will no longer compel unequal treatment of same-sex couples and their families. This is a great day for LGBT people and for our country.
“Exactly 10 years ago today, the Supreme Court issued an historic ruling striking down state laws that branded gay people as criminals. Today, it once again struck down a law passed by legislators who sat in moral judgment against LGBT people, this time condemning them in the eyes of the entire nation. DOMA was unconstitutional when Congress wrote it and, with today’s ruling, its bruising hand has been lifted.
“This is a huge victory for married same-sex couples and their families because it will affect almost every facet of life from health care to retirement to taxes.
“The Supreme Court also restored the freedom to marry in California so that lesbians and gay men will once again be able to marry the person they love. Prop 8 has been thoroughly tested in court and lost because it’s so clearly harmful to same-sex couples and their families. The Supreme Court recognized that individuals who oppose marriage for same-sex couples lack standing because they are not harmed in any way when those couples can marry – something at the heart of the matter that we have been saying all along.
“The two decisions the Supreme Court issued today came in United States v. Windsor, the DOMA challenge brought by the American Civil Liberties Union on behalf of Edie Windsor, and Hollingsworth v. Perry, the Prop 8 challenge brought by the American Foundation for Equal Rights (AFER).
“At Lambda Legal, we are popping champagne corks and offer our congratulations to the courageous plaintiffs in these cases, and our thanks to the ACLU and their co-counsel at Paul Weiss and to Ted Olson and David Boies, and the American Foundation for Equal Rights, for securing these tremendous victories.
“Key details remain to be worked out over the coming months, including the implications for legally married same-sex couples living in states that deny their true marital status. Lambda Legal and our sister organizations will work with Obama Administration officials and will continue to pursue legal and administrative actions as may help to clarify these matters and to implement both of today’s judgments against discrimination.”
Lambda Legal has Legal Help Desk staff ready to help answer the many questions married same-sex couples will have about how these rulings affect them. Visit: lambdalegal.org/help or call 866-542-8336.
Windsor was one of four cases to challenge the constitutionality of Section 3 of DOMA that came before the Supreme Court, including U.S. Office of Personnel Management v. Golinski, the challenge out of the 9th Circuit brought by Lambda Legal and Morrison & Foerster on behalf of federal court employee Karen Golinski, who was denied family health coverage for her spouse Amy Cunninghis. The other two cases are Gill et. al. v. Office of Personnel Management in the First Circuit and Pedersen v. Office of Personnel Management in the Second Circuit, both brought by Gay & Lesbian Advocates & Defenders (GLAD).
Lambda Legal and GLAD filed joint amicus briefs in both the Windsor and Perry cases after the Supreme Court granted review.
Equality Illinois statement:
U.S. Supreme Court Rulings on DOMA ‘Bittersweet’ in Illinois
CHICAGO — Bernard Cherkasov, CEO of Equality Illinois, the state’s oldest and largest advocacy organization for lesbian, gay, bisexual and transgender Illinoisans, offered this initial reaction to today’s rulings on marriage equality by the U.S. Supreme Court:
“The Supreme Court today affirmed America’s promise of equality by ruling that the federal government cannot ignore constitutional principles when it comes to gay and lesbian couples and their marriages, and it is a moment to celebrate. But today’s historic victory overturning the Defense of Marriage Act is bittersweet in the states like Illinois where couples are still denied the right and recognition of marriage. For anyone who doubts that civil unions in Illinois created an unacceptable second-class status, the court’s ruling is a powerful message that the state House urgently needs to join the Senate and pass the freedom to marry. It is crystal clear now that by failing to act the House denied gay and lesbian couples equal access to the federal protections that married couples in other states will now enjoy.”
GLAAD comments
NEW YORK, NY, June 26, 2013 – In a landmark victory for equality, the United States Supreme Court today struck down the so-called ‘Defense of Marriage Act’ or DOMA, a law that prohibited the federal government from recognizing legally married same-sex couples. In a 5 to 4 ruling, the Court determined that “DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty.”
For a list of available spokespeople, including married same-sex couples, faith leaders, marriage experts and more, visit glaad.org/marriage/forpress
For additional resources, including facts and figures, as well as information about United States v Windsor and Hollingsworth v Perry, visit glaad.org/marriage
“At long last, the legal marriages of countless gay and lesbian couples will be afforded the same federal recognition and protections as any other,” said GLAAD spokesperson Wilson Cruz. “Today is a cornerstone for justice and equality — when our nation once again moved closer to recognizing and celebrating all LGBT Americans for their contributions to our great country.”
The Court also denied standing in Hollingsworth v Perry, which challenged the constitutionality of California’s anti-gay Proposition 8 or Prop. 8, a statewide ban on marriage equality. The decision will restore marriage equality in California.
“Fairness has finally been restored in California,” said GLAAD spokesperson Wilson Cruz. “A majority of Americans, and now the highest Court in the land, agree that it’s wrong to strip loving and committed gay and lesbian couples of the fundamental opportunity to marry the person you love. Today, we stand in solidarity with millions of Californians, who can finally say ‘I do’ to the person they love.”
A March 2013 Washington Post-ABC News poll showed that 58 percent of Americans “believe it should be legal for gay and lesbian couples to get married; 36 percent say it should be illegal.”
Yesterday, GLAAD expressed disappointment that a critical section of the Voting Rights Act was ruled unconstitutional, thus removing voting protections for vulnerable Americans, including LGBT Americans. For more information: www.glaad.org/blog/glaad-lgbt-advocacy-groups-stand-civil-rights-orgs-disappointment-supreme-court-ruling-voting
GetEQUAL Responds to Supreme Court Decisions on Marriage Cases
WASHINGTON, DC — GetEQUAL — a national LGBT social justice organization — issued the following statement about this morning’s Supreme Court rulings on Proposition 8 (dismissed due to lack of standing 5-4) and the Defense of Marriage Act (DOMA struck down 5-4 as unconstitutional):
“We’re happy today because our community finally has secured the right to marry in 13 states and Washington, DC. But we know that partial freedom is not freedom — we must not leave behind our sisters and brothers who are not fully equal at marriage counters across the country. Our work is far from over — not simply in our struggle for marriage equality in all 50 states, but also in employment, immigration, housing, credit, public accommodations, and so many other ways. Today we celebrate, but we are getting right back to work.”
** GetEQUAL’s co-directors, Heather Cronk and Felipe Sousa-Rodriguez are available for interview or comment regarding DOMA or Prop 8 via the contact information above. **
The past few weeks, and especially the past few days, have been complicated for civil rights and protections in the United States. While the Fisher v. University of Texas at Austin case was remanded back to a lower court for clarification, the Court gutted one of the most precious pieces of civil rights legislation in the country, the Voting Rights Act, in its Shelby County v. Holder case. GetEQUAL stands firmly against the Court’s ruling in the Shelby case, and joins with others in the civil rights community in pledging to move forward with legislative action to right this wrong.
From Marriage Equality
Marriage Equality USA announces rallies nationwide, marking the Supreme Court’s landmark decision ending the so-called Defense of Marriage Act’s exclusion of lesbian and gay couples from the over 1,000 federal protections and rights that come with marriage.
“My wife Sheila, our daughter Jacqueline, and I are overjoyed that we will now have full federal protections for our family, just as any other married family does,” said Cathy Marino-Thomas, Marriage Equality USA’s Board Co-President. “For many years, the misnamed ‘Defense of Marriage Act’ has unfairly denied thousands of legally married same-sex couples across the country federal protections in many areas of our lives, such as social security, veterans’ benefits, health care, taxes, and immigration. Marriage Equality USA is very pleased that this discrimination is finally coming to an end,” said Marino-Thomas.
“My wife Ann and I have been a loving, committed couple for over 27 years, have raised 5 kids, and are legally married in California,” said Marriage Equality USA’s Christine Allen, who lives in Sacramento, California. “We are senior citizens and feel a great sense of relief that DOMA’s exclusion of us from much needed protections, such as spousal social security, will now end. We’ve worked and paid into the system just like everyone else, and thanks to the Supreme Court’s decision we now will be protected like everyone else.”
Brian Silva, Marriage Equality USA’s Executive Director, stated,”It’s hard to overstate the importance of today’s Supreme Court decision on the day to day lives of married same-sex couples. These couples will no longer be denied extremely important protections, such as the Family Medical Leave Act, that all other married couples have. Marriage Equality USA will continue to empower same-sex couples and their friends, families, neighbors, and co-workers to share the truth of their lives so that we gain the freedom to marry in every state in the country. Many of our volunteers and leaders actively participated in making the freedom to marry a reality in Rhode Island, Delaware and Minnesota earlier this year. Our work won’t end until we have full nationwide equality for every American.”
Immigration Equality statement
Washington, DC — Following the U.S. Supreme Court’s landmark ruling striking down a core provision of the federal Defense of Marriage Act (DOMA), lesbian and gay Americans will now be eligible to apply for green cards on behalf of their foreign national spouses, the organization Immigration Equality announced today. The court ruled today, in United States v. Windsor, that Section 3 of DOMA, which prohibited the federal government from conferring benefits to married same-sex couples, is unconstitutional. That provision of the law made it impossible for lesbian and gay couples to receive immigration benefits, including green cards.
“At long last, we can now tell our families that yes, they are eligible to apply for green cards,” said Rachel B. Tiven, executive director of Immigration Equality. “Many of our families have waited years, and in some cases decades, for the green card they need to keep their families together. Couples forced into exile will be coming home soon. Americans separated from their spouses are now able to prepare for their reunion. Today’s ruling is literally a life-changing one for those who have suffered under DOMA and our discriminatory immigration laws.”
Immigration Equality provides pro bono legal counsel to lesbian, gay, bisexual and transgender immigrants and asylum seekers. The organization has trained more than 100 immigration attorneys across the country in preparation for today’s ruling, and will work to connect families with a lawyer specifically trained to help LGBT couples through the green card process. Immigration law recognizes marriages that are valid where celebrated — so couples who marry in a state or country that allows them to do so will be eligible to submit a green card application, even if they live in a state that does not recognize their marriage.
Today’s 5-to-4 ruling, written by Justice Anthony Kennedy, noted that, “The Constitution’s guarantee of equality . . . cannot justify disparate treatment of” lesbian and gay couples. Under the law, the Court found, “same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways. By its great reach, DOMA touches many aspects of married and family life, from the mundane to the profound.” By “treating those persons as living in marriages less respected than others,” the Court ruled, “the federal statute is in violation of the Fifth Amendment.”
Immigration Equality, which is representing five binational couples in a federal court challenge in New York, announced today that it has applications pending, and others ready to file immediately, which should be processed and approved soon.
“Today’s decision closes a discriminatory chapter in American immigration law. For 40 years, LGBT individuals were turned away at our borders; Congress called us unfit to be Americans. For LGBT couples, that exclusion continued until today,” Tiven said. “The Court did what Congress would not, and recognized that all loving couples are the same under the Constitution.”
Immigration Equality has posted FAQs for binational couples about the impact of today’s ruling on its website at www.ImmigrationEquality.org.
Courage Campaign
Statement of Rick Jacobs, founder and chair of the CourageCampaign.org, a leading California-based progressive organization, on today’s Supreme Court rulings:
“Today the nation took another historic step towards creating a more perfect union. This is a watershed moment for equality and a clear statement from the highest court in the land that discrimination and hatred have no place in a country founded on the principles of liberty, justice and equality. The judiciary has now caught up with the American public and the tremendous momentum our movement has had since the passage of Prop. 8 five years ago. Love should not be legislated or litigated. We hope today’s rulings settle this issue once and for all as we celebrate loving couples marrying in California and across the country in the coming weeks, months and years.”
HRC statement
WASHINGTON — In recent years, California’s Proposition 8 and the discriminatory Defense of Marriage Act became symbols of anti-LGBT discrimination around the country and around the world. Today, both crumbled.
In a watershed moment in the fight for equality, the United States Supreme Court today ruled to return marriage equality to California and to strike down DOMA. The court ruled in the Prop 8 case on procedural grounds, not reaching a decision on the merits of Prop 8 or the broader question of whether the Constitution guarantees the fundamental right to marry the person you love.
Marriages in California are expected to begin again soon. While a joyous milestone, these victories nonetheless throw into sharp relief the uneven progress for LGBT people around the country—a landscape where states like California are rapidly advancing toward equality, but progress in many other places remains stagnant.
“Today’s historic decisions put two giant cracks in the dark wall of discrimination that separates committed gay and lesbian couples from full equality,” said HRC president Chad Griffin, who brought together the bipartisan legal team of Ted Olson and David Boies that brought the Proposition 8 case to the Supreme Court. “While we celebrate the victory for Californians today, tomorrow we turn our attention to the millions of LGBT people who don’t feel the reach of these decisions. From the Rocky Mountains to the heart of the South, it’s time to push equality forward until every American can marry the person they love and all LGBT people are guaranteed equal protection under the law.”
HRC is committed to accelerating the progress of marriage equality through ongoing financial and strategic assistance to efforts in states around the country, including New Jersey, Hawaii, Oregon, Nevada and others. And with the Defense of Marriage Act gone, the organization is pushing hard to ensure that the Obama administration cuts through regulatory clutter and delivers the greatest number of benefits to the greatest amount of people.
“These decisions underscore the emergence of two Americas. In one, LGBT citizens are nearing full equality. In the other, our community lacks even the most basic protections,” said Griffin. “Everywhere that injustice still prevails, we will fight for justice. And our message to those who cement their feet on the wrong side of history is that we will win.”
Hollingsworth v. Perry, previously known as Perry v. Schwarzenegger and Perry v. Brown, was filed on behalf of two same-sex couples in federal district court in California in May 2009. Under the sponsorship of the American Foundation for Equality Rights — co-founded by HRC President Chad Griffin — and represented by conservative attorney Ted Olson and liberal attorney David Boies, the plaintiffs achieved victories in both district court and the U.S. Court of Appeals for the Ninth Circuit, both of which ruled Proposition 8 unconstitutional.
In Windsor v. U.S., Edie Windsor, represented by the ACLU and the law firm Paul Weiss, challenged section 3 of DOMA which required her to pay $363,000 in estate taxes after her partner and spouse of more than 40 years passed away. If Edie had been married to a man, instead of a woman, it is undisputed that her estate tax bill would have been zero.
Lawfully-married couples living in marriage equality states will soon have equal access to all the federal rights and benefits based on marital status. For married couples living in states without marriage equality, there is less clarity. Even with DOMA out of the way, different federal programs have different rules that determine where an agency looks to decide if a marriage is valid — either place of celebration or place of residence. Most of these rules are policies, regulations or simply practices that the Obama Administration can change through existing processes to ensure that married same-sex couples, wherever they may live, have access to the federal rights and benefits they deserve. Under the current rules and practices, a lawfully-married same-sex couple living in a state that does not recognize their marriage will have access to some federal rights and benefits, but may not have access to many others, depending on how the court rules. Working with a coalition of groups, HRC has raised these issues with the Administration and will be working tirelessly to see the necessary changes made so that the largest number of married same-sex couples have access to the largest number of rights and benefits under federal law.
From PFLAG
PFLAG National—the nation’s largest organization of families, friends and allies united with lesbian, gay, bisexual and transgender (LGBT) people — celebrated today’s victory at the United States Supreme Court, striking down both Section Three of the so-called Defense of Marriage Act (DOMA) as unconstitutional, and Proposition 8 on standing, which means the restoration of marriage equality to the state of California.
“Today, committed and loving LGBT couples and their families, friends and allies in California and across the country celebrate a huge step forward towards full acceptance and equality,” said PFLAG National Executive Director Jody M. Huckaby. “The Supreme Court’s dual rulings affirm what we at PFLAG have always known to be true: that life, liberty, and the pursuit of happiness are fundamental rights for all Americans, and that denial of those rights seriously harms LGBT people and their families.”
Joining in the celebration were PFLAG members and supporters from across the country who had worked tirelessly to ensure that their loved ones would receive equal treatment under the law.
Said PFLAG Los Angeles President Mariette Sawchuk, “When my son Stephen came out he said to me, ‘Mom, all I have ever wanted is to have a family and to have a marriage like yours and Dad’s.’ Thanks to today’s ruling, my twin sons—both of whom are gay—will have the opportunity to share in an enduring, loving, legally recognized and protected marriage.”
Sawchuk was one of several PFLAG members who shared personal stories in an Amicus Brief submitted by PFLAG to the Supreme Court regarding Proposition 8.
Another PFLAGer who participated in the brief was Eric Brock, whose older brother Brandon is gay. While Eric, Brandon, and each of their spouses celebrated today’s rulings, they acknowledged that there is still work to be done; Brandon and his spouse, Alexis Caloza, were married in New York and reside in San Francisco, where—thanks to today’s ruling—their marriage is now legal again. But Eric still resides in Arkansas where the brothers were born and raised, a state whose constitution bans same-sex marriage and civil unions.
Said the younger Brock, “I am incredibly excited that my brother’s New York State marriage will be recognized by the Federal government and in the state of California where he now lives. This was a big step forward, but there is still a long way to go to reach full equality. We need to keep working so that If Brandon and Alexis should ever choose to return to Arkansas, the federal government would provide them all the benefits of marriage within that state…even if the state itself didn’t yet legally recognize their relationship.”
PFLAG National ED Huckaby agreed with Brock, stating, “PFLAG National and its vast chapter network will continue to move hearts and change minds to win full marriage equality at the federal level and in more states, and to grow support among the majority of Americans throughout the country. Together, we will continue to affirm the message that, regardless of sexual orientation or gender identity, love is love, family is family, and marriage is marriage.”
People For the American Way Foundation response
The Supreme Court today ruled Section Three of the so-called Defense of Marriage Act unconstitutional as a violation of the Constitution’s guarantee of equal protection. At the same time the court ruled that the proponents of California’s Proposition 8 did not have standing to appeal the pro-equality decision of District Court Judge Vaughn Walker. People For the American Way Foundation President Michael Keegan issued the following statement:
“Today’s DOMA ruling is a profound step forward for loving, committed same-sex couples across the country. The decision is premised on the plain fact that there is no good reason for the government to recognize some legally married couples while discriminating against others.
“While the outcome of Hollingsworth v. Perry reflects a missed opportunity to affirm the freedom to marry nationwide, it also serves a long-overdue restoration of justice to the thousands of loving couples in California who suddenly saw their marriages put up for a popular vote. This decision clears the way for same-sex couples in California to once again be treated equally under the law.
“Today isn’t just a good day for the LGBT community. It’s an important victory for all Americans who value the principle of equal justice under law and who believe that the long arc of the universe bends ultimately towards justice.
“I couldn’t be happier that Section Three of DOMA and Prop 8 have been consigned to the dustbin of history. But we won’t rest until couples in every state have an equal right to marry the under the law. There’s plenty of work left to do. We can’t wait to do it.”
Task Force response
WASHINGTON, June 26 — The National Gay and Lesbian Task Force is hailing today’s Supreme Court rulings related to marriage equality as historic and far reaching.
“Today’s historic decisions are a significant leap forward for freedom and justice for same-sex couples and their families, the LGBT community and for our nation — and a lot more work needs to be done to deliver marriage equality to the rest of our nation’s same-sex couples and their families and full equality in every other respect for all LGBT people,” said Rea Carey, Task Force Executive Director.
The Supreme Court ruled that the Defense of Marriage Act is unconstitutional.
On the Proposition 8 case, the lower federal court had ruled it to be unconstitutional — and the High Court today allowed this ruling to stand. Marriage equality is now reestablished in California. In all, the federal government will now recognize the marriages of same-sex couples and couples will be able to marry once again in California, our nation’s most populous state.
“These rulings mean stronger families and communities across our nation: Millions of same-sex married couples will gain access to all of the benefits associated with marriage. These include: health care, Social Security, housing and income security — all key components of the American Dream,” Carey said.
“However, those legally married same-sex couples (and widows or widowers) who have moved to — or now live in — a state that discriminates against their marriages, may face barriers to their federal marital protections. We will fight this.”
Carey noted that while same-sex couples will now be able to get married in California if they choose:
“Now is not the time to be complacent on other LGBT-related issues. While we welcome marriage equality again in California, we know there are couples in 37 states who still lack the ability to get married in their own state and we still live in a world where a married LGBT person can go to work and get fired for who they are or who they love — and there are other issues that impact the lives of LGBT people that the ability to marry doesn’t resolve.”
For example, students won’t feel any safer in school; seniors won’t get more appropriate care; transgender people won’t stop experiencing violence and discrimination. And these rulings do not address the fact that people of color — especially LGBT people of color — still experience discrimination at every level of society.
“We must intensify our efforts in other areas. We must pass employment non-discrimination legislation and comprehensive immigration reform,” Carey urged.
Now that the Supreme Court has made its decision, implementation will be key.
“Today, history was made not only by the Supreme Court, but by the hundreds of thousands of people across the country who have worked for marriage equality in the states and federally. Now we have to work harder than ever to ensure that all same-sex couples have marriage equality across our nation — and all LGBT people have full equality in every other respect,” Carey noted.
Metropolitan Community Church response
The Rev. Dr. Nancy Wilson is the moderator of the Metropolitan Community Churches, which has ministries in over 40 countries. Dr. Wilson was part of the first LGBT faith delegation to meet with a sitting president in 1979. She is currently a member of President Obama’s Advisory Council on Faith-Based and Neighborhood Partnerships.
Global leaders of the historic Metropolitan Community Church (MCC) praised the decisions of the Supreme Court today as it ruled on California’s Proposition 8 and the federal Defense of Marriage Act (DOMA).
“Freedom and equality won today as the Supreme Court ruled in favor of the US Constitution and every family,” said the Rev. Dr. Nancy Wilson. “Children in California now know their families will be treated equally. Today, every American is free to live in the assurance that their loved ones will receive all benefits the US gives to any other family. As the head of MCC, a global church founded on the belief that all people are created equal before God and the law, I am thrilled that the Supreme Court decided that the US Constitution applies to all of us, regardless of our sexual orientation or gender identity.”
“We are committed to full equality for all people, and we will work for the full implementation of today’s Supreme Court rulings and for marriage equality around the world,” said Rev. Dr. Jim Merritt, Marriage Equality Director for MCC’s Public Policy Team.
Metropolitan Community Church’s history of marriage equality began in 1968 when the Rev. Troy Perry, founder of MCC, conducted the first, public same-gender wedding ceremony in the US. In 1970, Rev. Perry brought a lawsuit for marriage equality in California. MCC worked for decades, sponsoring weddings at Pride marches, protesting on Valentine’s Day in Justices of the Peace offices, and performing thousands of Holy Unions in their churches.
MCC will celebrate these decisions and move forward at its 25th General Conference in Chicago, Illinois, July 1-5, 2013. After 45 years of ministry and advocacy, the church continues to be on the cutting edge of ministry around the world. Known as “The Human Rights Church” in many countries, MCC will host U.S. Ambassador Daniel Baer and present the MCC human rights award to Bishop Christopher Senyonjo of Uganda, where he has fought the infamous “kill the gays” bill. MCC leaders will also celebrate the founding of their “Global Justice Institute,” in partnership with The Fellowship of Affirming Ministries. The Global Justice Institute is working with leaders in Asia, Africa and Latin America for equality for sexual minorities and all people who deserve justice.
Southern Poverty Law Center response
MONTGOMERY, Ala. — The U.S. Supreme Court’s decision Wednesday to strike down a portion of the Defense of Marriage Act (DOMA) is a significant step forward for same-sex couples, one that will affect a lawsuit the Southern Poverty Law Center filed on behalf of a disabled U.S. veteran and her wife, the civil rights organization said.
The high court’s ruling means the federal government must recognize legally married same-sex couples for the purpose of federal programs, giving them access to the same federal benefits as married heterosexual couples. This issue is at the center of an SPLC lawsuit filed on behalf of Tracey Cooper-Harris, a disabled veteran denied benefits for married veterans because she is in a same-sex marriage.
“Today’s decision is a step in the right direction for same-sex couples who have made legal commitments to each other,” said David Dinielli, SPLC deputy legal director. “The court’s long-overdue decision affirms that Section 3 of DOMA constitutes an irrational and unjustified deprivation of the dignity and liberty interests of gay people and same-sex couples. It seems almost unthinkable that such a blatantly unfair law would exist today.”
The Supreme Court ruled that the section is “unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment to the Constitution.” The Court was troubled that DOMA singles out for discrimination “a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty.” The court noted that “DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others.” Finally, the Court held that “[DOMA] is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.”
The Court also refused to rule on the merits of a separate case challenging a state law preventing marriage equality, Hollingsworth v. Perry. The case challenged a ballot initiative, Proposition 8, approved by California voters to strip from same-sex couples the right to marry after this constitutional right had been recognized by California courts. The trial court held that Proposition 8 was unconstitutional. Today, the Supreme Court held that petitioners—citizens who were the original proponents of Proposition 8—had no standing to appeal the trial court’s order and defend the constitutionality of Proposition 8.
“We are overjoyed that today’s decision recognizes our legal marriage — and the legal marriages of other same-sex couples — as equal under federal law,” said Tracey Cooper-Harris. “Even though we have had to fight the federal government for equal veterans benefits, we are among the fortunate few who were able to marry before Proposition 8 went into effect in California. While this is a win for same-sex couples in legal marriages, there is still work to be done, and we remain dedicated to fighting for other couples who have been refused one of the most basic rights — marriage — by unfair laws such as California’s Proposition 8.”
The SPLC and co-counsel WilmerHale filed a federal lawsuit in February 2012 on behalf of Tracey and her wife, Maggie, who were married in California in November 2008. The case, Tracey Cooper-Harris v. the United States, is ongoing. In addition to challenging Section 3 of DOMA, it also challenges Title 38, a statute that governs veteran benefits, which also defines “spouse” as a person of the opposite sex.
Tracey receives disability compensation from the Department of Veterans Affairs (VA) for a number of conditions. Because married veterans and their spouses are eligible to receive a number of benefits from the VA, including additional disability compensation, the couple challenged laws that require the VA to deny recognition of Maggie as Tracey’s spouse. DOMA and Title 38 resulted in the Veterans Administration denying her application for additional compensation routinely provided to heterosexual married veterans. These benefits would provide Tracey additional disability compensation. It would also allow Maggie to be eligible for the benefits provided to spouses of veterans, such as monthly compensation if the veteran dies from a service-connected disease or disability.
A video detailing how unconstitutional laws such as DOMA and Title 38 harm veterans and their families can be viewed at www.splcenter.org/get-informed/news/doj-says-it-will-not-defend-law-denying-spousal-benefits-to-veterans-in-same-sex-m .
U.S. Senator Tammy Baldwin’s response
“The debate over marriage equality is about fairness — about whether gay and lesbian Americans deserve to be treated just like their family members, their friends, and their neighbors. It’s about opportunity — about whether every American gets to dream the same dreams, chase the same ambitions, and have the same shot at success. And it’s about freedom —the freedom to love, the freedom to commit, the freedom to build a family. Most of all, it’s about whether the progress our country has made will be reflected in our laws.
One thing is clear; people’s views on marriage equality are changing because they believe LGBT family members, friends, and neighbors deserve to be treated like everyone else in the United States.
Today the U.S. Supreme Court issued decisions in two historic cases that reflect the progress we have all witnessed across our country. This progress is defined by the ideal that more and more Americans want to leave to the next generation a country that is more equal, not less.
The nation’s highest court reaffirmed our founding belief that all Americans are created equal under the law. The Court made a strong statement for equality and freedom, overturning discrimination against gay and lesbian American citizens simply because of who they love.
While this is a huge step forward for our country, the fight to make America more equal does not end with a Supreme Court decision. There is more work to be done to fulfill the promise of freedom and equality for all — in which America becomes a place where every family’s love and commitment can be recognized and respected under the law.”
www.baldwin.senate.gov/press-releases/us-senator-tammy-baldwins-statement-in-response-to-supreme-court-decisions-on-marriage-equality-cases .
The Civil Rights Agenda statement
The Supreme Court of the United States ruled the controversial Defense of Marriage Act (DOMA) unconstitutional by a margin of 5 — 4. Their ruling states that DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
“This is one of the most important days in the history of our movement for LGBT civil rights,” said Rick Garcia, Policy Director and Director of the Equal Marriage Illinois Project for The Civil Rights Agenda, Illinois’ largest LGBT civil rights organization. “Although we are thrilled with the ruling, we are painfully cognizant that in Illinois same-gender couples still cannot be married and we must change that immediately. The Illinois House of Representatives must act as soon as possible.”
Illinois state Sen. Heather Steans response
SPRINGFIELD — State Senator Heather Steans (D-7th) issued the following statement on two key U.S. Supreme Court rulings announced today:
Today, the nation’s highest court declared the Defense of Marriage Act — which prohibits same-sex couples, even those who are married in the eyes of the states in which they reside, from accessing federal marriage benefits — to be contrary to the equal protection clause of the U.S. Constitution. I couldn’t agree more. Treating individuals differently, based on the gender of their chosen marriage partner, is discrimination, plain and simple.
A majority of the justices also allowed a ruling striking down California’s ban on same-sex marriage to stand, paving the way for marriage equality in the nation’s most populous state. I enthusiastically applaud both decisions.
The time is right for Illinois to join the 13 other states (counting California) with equal marriage. When the Religious Freedom and Marriage Fairness Act becomes law, the legal rights and responsibilities associated with marriage under both state and federal law will apply to committed, same-sex Illinois couples. I look forward to working with my colleagues in the House to finally pass this legislation.
The Supreme Court clarified today that discrimination by the federal government based on sexual orientation is not protected by the Constitution and is contrary to who we are as a nation. Now it’s time for Illinois to take a stand for fairness.
American Federation of Teachers response
Washington—AFT President Randi Weingarten responds to the U.S. Supreme Court’s rulings on the federal Defense of Marriage Act (DOMA) and California’s Proposition 8.
“Today, we took a giant leap forward in the march for equality and justice for all. The Supreme Court ruled definitively that DOMA violated the Equal Protection Clause in our Constitution and that loving married same-sex couples deserve the same rights and benefits as all other married couples. The court’s decision on Prop 8, which leaves intact a district judge’s ruling invalidating that measure, ensures that, at least for now, gay and lesbian couples have the freedom to marry in California.
“While we wish the court had acted to extend marriage equality for all Americans, make no mistake that the momentum for equality is building and there is no going back.
“We are a nation built on the belief of equality for all—that all Americans are entitled to life, liberty and the pursuit of happiness. The court affirmed these basic values and recognized that laws such as DOMA deny gay and lesbian Americans these fundamental rights and betray our values as a nation.
“The AFT and the rest of the labor movement have a proud history of standing up for equality and justice and fighting discrimination in every part of our society—from the workplace to the ballot box to the individual rights and freedoms we cherish as a nation. We were proud to be a part of the amicus briefs filed challenging the constitutionality of both DOMA and Prop 8.”
Illinois United for Marriage responds
Following historic Supreme Court decisions that struck down the so-called Defense of Marriage Act and restored the freedom to marry for same-sex couples in California, Illinois Unites for Marriage released the following statements:
On U.S. v. Windsor:
Today, the highest court in the United States struck down the core of the Defense of Marriage Act, affirming that all committed, loving couples need the respect and dignity of marriage. Today’s historic decision means that thousands of married lesbian and gay couples, in states where the freedom to marry is recognized, can better protect one another and their children. Now more than ever, it’s time for Illinois to join those states on the right side of history and grant those families the federal safety net that marriage can now provide them. The Illinois House of Representatives must act quickly and address this inequity by passing Senate Bill 10 in the upcoming veto session. Illinois cannot stand idle while the momentum for marriage continues across the country, and Illinois Unites will continue to work on winning the freedom to marry for all Illinois families.
On Hollingsworth v. Perry:
Illinois Unites is extremely happy for California, a state that now re-joins the momentum for marriage that is happening across the country. Today’s ruling now places a full 30% of the American public in jurisdictions that grants same-sex couples the freedom to marry. We urge the Illinois House of Representatives to add the Land of Lincoln to the growing roster of states that grant same-sex couples the dignity and respect of marriage. The House should act quickly to pass Senate Bill 10 and make Illinois the next state to extend the freedom to marry to our gay and lesbian friends, neighbors, colleagues and family members.
An independent group is organizing a March on Springfield the first day of the veto session, Oct. 22; see www.facebook.com/MarchOnSpringfieldForMarriageEquality .
Statement by Obama on the Supreme Court DOMA ruling
I applaud the Supreme Court’s decision to strike down the Defense of Marriage Act. This was discrimination enshrined in law. It treated loving, committed gay and lesbian couples as a separate and lesser class of people. The Supreme Court has righted that wrong, and our country is better off for it. We are a people who declared that we are all created equal — and the love we commit to one another must be equal as well.
This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better.
So we welcome today’s decision, and I’ve directed the Attorney General to work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.
On an issue as sensitive as this, knowing that Americans hold a wide range of views based on deeply held beliefs, maintaining our nation’s commitment to religious freedom is also vital. How religious institutions define and consecrate marriage has always been up to those institutions. Nothing about this decision — which applies only to civil marriages — changes that.
The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free.
Gay Liberation Network Chicago marriage rally tonight
CHICAGO, June 26, 2013 — While many are applauding today’s 5-4 victory over Section 3 of the federal “Defense of Marriage Act,” the big picture story is that by refusing to rule on the substance of California’s anti-gay Proposition 8, the Court has allowed same-sex couples in 37 states to continue experiencing legal discrimination not just in marriage, but in most states, also housing, employment and access to public accommodations.
Hiding behind a technical ‘legal standing’ argument that the anti-gay plaintiffs in the Proposition 8 case were not entitled to bring their suit to uphold Prop 8 when the State of California declined to enforce it, the Court treaded into some pretty reactionary waters. For one thing, the Court allowed state governments to nullify their own referendum process, something that could turn around to allow statehouse destruction of progressive referenda in future years.
More fundamentally, like with their gutting of the Voting Rights Act yesterday, the Court