A quiet little very important victory

Timothy Kincaid

January 30th, 2011

A little over a week ago our community gained a significant step forward in our quest for marriage equality, and few noted it. The briefs filed in the challenge to DOMA in Massachusetts caught attention, but there is also a DOMA challenge in California. (Chronicle)

In a victory for gay rights advocates, a federal judge has ruled that state employees in California can sue for discrimination over the federal government’s exclusion of their same-sex spouses from a long-term health care program.

U.S. District Judge Claudia Wilken of Oakland denied an Obama administration request to dismiss the suit Tuesday and signaled that she is likely to overturn provisions of the 1996 Defense of Marriage Act, which denies federal benefits to same-sex couples.

Wilken has rejected, in advance, the notions usually put forward by anti-gay activists.

She also rejected arguments that the law’s sponsors put forth in 1996, that the legislation was necessary to promote procreation and preserve heterosexual marriage.

“Marriage has never been contingent on having children,” Wilken said, and denying federal benefits to same-sex couples “does not encourage heterosexual marriage.”

Wilken has not indicated whether she will allow her suit to cover domestic partners as well as spouses. If she does not, then this could have a significant impact on the Perry v. Schwarzenegger case. It would create a very significant difference between domestic partnerships and marriages (the possibility of federal recognition) and could torpedo the opposition.

Lindoro Almaviva

January 30th, 2011

And let’s hope that torpedo leads to self destruction.

Gay Activist Ryan

January 30th, 2011

Repeal the constitutional DOMA now Obama!!!!!

Throbert McGee

January 30th, 2011

Wilken has not indicated whether she will allow her suit to cover domestic partners as well as spouses.

Hmmm. So should we cross our fingers and hope that she includes domestic partners so that gay people with California DPs can actually get the practical federal benefits they’re currently lacking, or should we hope that she excludes domestic partners because this would create a new disparity for us to be upset about?

customartist

January 31st, 2011

Is it important, and I do not know, whether California’s DP Laws deem partners as “Spouses”?

Does it give registered partners “Everything-But-Marriage”? And even so, Does DOMA refer to anything except Marriage specifically? Does DOMA exclude relationships “like Marriage”?

The suit is about the Federal Government’s denial of benefits to same-sex couples.

R

January 31st, 2011

customartist – my layperson understanding from the ruling was that same-sex couples can have every right, but not the word “marriage”, so it sounds like the word “spouse” is fair game. I’m not a lawyer though.

lurker

January 31st, 2011

From CA family code 297:

297.5. (a) Registered domestic partners shall have the same rights,
protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law, whether they
derive from statutes, administrative regulations, court rules,
government policies, common law, or any other provisions or sources
of law, as are granted to and imposed upon spouses.

From this I gather that DPs are NOT spouses, but are ‘sposed to be treated as equivalent.

Lymis

March 18th, 2011

It’s definitely to our benefit to have the judge (accurately) state that marriage is not the same as a civil union or domestic partnership.

Currently, one of the “best” arguments that anti-gay people have with regards marriage equality is that marriage is not required, and that civil unions provide all the available benefits to gay couples.

There is no federal reference to non-marital spouses.

So, once there is any federal recognition of same-sex married couples, there suddenly becomes a huge difference between a marriage and a civil union.

That takes the wind out of a lot of “hey, it’s just the same, we’re not discriminating, we are just protecting marriage” sails.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.