This lawsuit is the second from the Bay State to slap one on the feds. In March, Boston-based Gay & Lesbian Advocates & Defenders filed a suit challenging the portion of DOMA that denies same-sex married couples' access to federal benefits.
The federal Defense of Marriage Act interferes with the right of Massachusetts to define and regulate marriage as it sees fit, Massachusetts Attorney General Martha Coakley said. The 1996 law denies federal recognition of gay marriage and gives states the right to refuse to recognize same-sex marriages performed in other states.The lawsuit, filed in federal court in Boston, argues the act "constitutes an overreaching and discriminatory federal law." It says the approximately 16,000 same-sex couples who have married in Massachusetts since the state began performing gay marriages in 2004 are being unfairly denied federal benefits given to heterosexual couples.
...The lawsuit also argues that the federal law requires the state to violate the constitutional rights of its citizens by treating married heterosexual couples and married same-sex couples differently when determining eligibility for Medicaid benefits and when determining whether the spouse of a veteran can be buried in a Massachusetts veterans' cemetery.
"In enacting DOMA, Congress overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people," the lawsuit states.
Reaction...
HRC:
The Human Rights Campaign, the nation's largest lesbian, gay, bisexual, and transgender civil rights organization, today commends the Commonwealth of Massachusetts and Attorney General Martha Coakley for filing a federal challenge to the Defense of Marriage Act ("DOMA"), which denies thousands of married same-sex couples in Massachusetts access to over 1,000 federal protections, benefits and obligations. This lawsuit, which names the United States and the Secretaries and Departments of Veterans affairs and Health and Human Services as defendants, marks the first time that a state has challenged the federal government's discriminatory treatment of its LGBT citizens.The complaint in Commonwealth of Massachusetts v. Department of Health and Human Services et al points out that discrimination against same-sex married couples bears no nexus to the purposes of federal programs like Medicaid.
"The Commonwealth has presented the court with the stark facts of discrimination that should finally spell the end of DOMA," said Human Rights Campaign President Joe Solmonese. "Excluding our families from equal protections never had anything to do with promoting a legitimate interest, and has everything to do with discrimination."
"DOMA was wrong, discriminatory and mean-spirited when it was enacted in 1996, and today it stands between thousands of married couples and the equal protections they deserve," Solmonese said. "We applaud the Commonwealth of Massachusetts for stepping forward on behalf of these families and saying,ying, in essence, 'enough is enough.' Now it is time for the federal government to take affirmative steps to challenge and repeal this discriminatory law that causes real harm to loving, married couples and their children."
From PRNewswire:
PORTLAND, Me., July 8 PRNewswire-USNewswire -- Looking to overturn a bill signed by Governor John Baldacci in May approving same sex marriage, Stand For Marriage Maine announced today that they have collected more than the 55,087 signatures needed to place a People's Veto on the November ballot and are collecting additional signatures as insurance to meet the deadline to qualify the measure for the 2009 statewide election."In just four weeks, we've gathered more than 55,000 signatures from Mainers who believe they, not the legislature and governor, should have the final say on the definition of marriage," said Marc Mutty, Chairman of the coalition. "There has been an extraordinary outpouring of support from voters across the state. This response gives us momentum that will lift us over the first hurdle of putting the issue before the people and, ultimately, carry us to victory in November."
All signatures must be certified by the Secretary of State for validity. Once certified, the issue is cleared to appear on the November 2009 ballot.
Here we go, folks...
Click HERE to donate to MaineFreedomToMarry!!!
==============================================
.. is the damned "out-of-staters".
Most visitors to our state are considered by the natives to be "folks from a way"- they are nice, are attracted to and come here to enjoy Maine as it is, with no desire whatsoever to change her or any of us.
Apparently NOM doesn't know, understand or give a rat's ass about Maine's state motto of DIRIGO- "I Lead", or that our highways are festooned with signs like this.
Check out this recent and desperate email (h/t Orion45):
Stand for Marriage Maine!
July 8, 2009Dear Orion45,
This spring, [out-of-touch politicians in Maine pushed a same-sex marriage bill through the legislaturehttp://www.pamshouseblend.com/diary/10828/breakbreaking-maine-gov-baldacci-will-announce-decision-on-signing-marriage-equality-bill -- ignoring the will of their constituents.
Fortunately, under the Maine Constitution, legislators can't pull a stunt like that and get away with it. With a "people's veto," the people of Maine can have the final say on any bill passed by the legislature.
And that people's veto effort is well underway on the same-sex marriage bill. With your help, the people of Maine will have the chance to vote up or down on the same-sex marriage bill this November.
Stand for Marriage Maine!
Leading the charge is Stand for Marriage Maine, a coalition of grassroots activists and pro-family groups (including NOM) formed to allow Maine voters to restore the definition of marriage under Maine law.
Visit StandforMarriageMaine.com for the latest campaign updates and to see how you can join the effort to save marriage in Maine.
Your help is needed as we take our pro-marriage message to every corner of the state. Right now, we're in the signature-gathering phase of the campaign, and with your help we'll far exceed the 55,000 signatures needed to put the same-sex marriage issue on the November ballot.
But time is short. Here's what I need you to do today:
1) Visit StandforMarriageMaine.com, and consider how you can help protect marriage in Maine! Join the Facebook group, or follow Maine4Marriage on Twitter!
2) Make an online donation at StandforMarriageMaine.com to make sure we have the resources needed for collecting tens of thousands of signatures in a short window of time. Your donation of $20, $35, or $50 or more will help ensure success!
3) Forward this message to everyone you know that lives in Maine! We're reaching out to voters all across the state, and we need your help to spread the word! Do it right now!
God bless,
Brian S. Brown
Executive Director
National Organization for Marriage
20 Nassau Street, Suite 242
Princeton, NJ 08542
bbrown@nationformarriage.org?2009 National Organization for Marriage.
Hey, NOM- vacation OVER. Pack it up and head back to Jersey.
"Y'all FORGET where we live now, ya hear??
UGH.
Now, a request to the Blenders... let's show NOM and the rest of their gang that "TURNABOUT IS FAIR PLAY".
Twitter, Facebook, and SHARE this. Let's do this thing...
One state at a time, like so many dominoes- let's not give back hard-fought for ground.
Click HERE to donate to MaineFreedomToMarry!!!
Many thanks, e veryone.
If you live in Philadelphia, Trenton, NJ, Virginia Beach, VA, Phoenix, Kansas City, MO, or Orlando and Tampa in the Sunshine State, you'll be able to catch the "Voices of Honor: A Generation Under 'Don't Ask, Don't Tell.'" tour as it hits the road. Sponsored by the Human Rights Campaign, the tour is in partnership with Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans and their straight allies.
It kicks off with an announcement event today at the National Press Club.
U.S. Rep. Patrick Murphy (D-PA), announced today the launch of "Voices of Honor: A Generation Under 'Don't Ask, Don't Tell.'" The national tour highlights the discriminatory law that hurts military readiness and national security while putting American soldiers fighting overseas at risk. To learn more online, visit: www.hrc.org/VoicesOfHonor.More below the fold."This tour focuses on the voices and stories of the qualified, patriotic gay and lesbian service members who are forced out of the U.S. Armed Services simply because of who they are," said Human Rights Campaign President Joe Solmonese. "Poll after poll continues to show the vast majority of Americans, including the majority of active members of the Armed Services, support the right of gay and lesbian service members to serve openly and honestly. We must repeal this discriminatory policy and ensure that our military can recruit and retain the best and the brightest troops regardless of their sexual orientation."
"'Don't Ask, Don't Tell' is an antiquated holdover from a previous era," said Alex Nicholson, Executive Director of Servicemembers United. "The men and women in the modern military, both gay, lesbian, and straight, are professionals. Servicemembers United and HRC are going on the road with the 'Voices of Honor' tour to show the American public who gay service members really are, and that our fellow troops simply do not care about sexual orientation anymore."Interestingly, Joint Chiefs head Admiral Mullen is also at the National Press Club today for a separate event."'Don't Ask, Don't Tell' clearly isn't working for our military, and it hurts national security and military readiness at a time when America is fighting in two wars in Iraq and Afghanistan," said U.S. Rep. Patrick Murphy (D-PA). "My time in Iraq taught me that our military needs the best and the brightest who are willing to serve- and that means all Americans, regardless of their orientation. Discharging brave and talented service members from our armed forces is contrary to the values that our military figary fights for and that our nation holds dear."
"Voices of Honor" features a diverse group of gay, lesbian, and straight veterans who have served under the military's "Don't Ask, Don't Tell" policy. The tour includes former Marine Staff Sgt. Eric Alva, the first U.S. soldier wounded in the Iraq war; Jarrod Chlapowski, a former U.S. Army Korean linguist who opted to not re-enlist because of DADT and is currently a public policy advocate at the Human Rights Campaign; Alex Nicholson, a U.S. Army veteran fluent in Arabic discharged under DADT and current executive director of Servicemembers United; Army Staff Sgt. Genevieve Chase, a veteran of Operation Enduring Freedom and Executive Director of American Women Veterans; and others standing united and speaking out for the repeal of this discriminatory policy that continues to harm our nation's security. For veteran profiles, visit: http://www.hrc.org/sites/voice...
"Voices of Honor: A Generation Under 'Don't Ask, Don't Tell'" National Tour:
Philadelphia, PA;
Trenton, NJ;
Virginia Beach, VA;
Phoenix, AZ;
Kansas City, MO;
Orlando, FL;
Tampa, FL;
*Additional cities and dates expected to be announced soon.
Oregon advocate Bonnie Tinker was killed in a tragic bike accident last Thursday while attending a conference in Virginia. Tinker has been a dedicated activist in Oregon’s progressive community for decades. She championed equality as founder and director of Love Makes a Family, peace through her work with Seriously P.O.’ed Grannies, and justice as a member of the Religious Society of Friends. Her energy, commitment, and vision of a more just and peaceful world will be missed. Visit Love Makes a Family for links to remembrances and information about memorial services. 
No comments:
Post a Comment