Posts Tagged As: Defense of Marriage Act

GOP Draft Platform Includes Call for Watered-Down Marriage Amendment, Support for Anti-Trans Lawuits

Jim Burroway

July 11th, 2016

This seems confusing, since CNN is reporting that the draft Republican Platform no longer language calling for a constitutional amendment to declare marriage as between “one man and one woman.” But the report then goes on the misread the platform’s draft language. Fortunately, the New York Times has reprinted the draft language in full:

The data and the facts lead to an inescapable conclusion: that every child deserves a married mom and dad. The reality remains that millions of American families do not have the advantages that come with that structure. We honor the courageous efforts of those who bear the burdens of parenting alone and embrace the principle that all Americans should be treated with dignity and respect. But respect is not enough. Our laws and our government’s regulations should recognize marriage as the union of one man and one woman and actively promote married family life as the basis of a stable and prosperous society. For that reason, as explained elsewhere in the platform, we do not accept the Supreme Court’s redefinition of marriage and we urge its reversal, whether through judicial reconsideration or a constitutional amendment returning control over marriage to states.”

This does represent a change of sorts. Prior Republican platforms called for the adoption of the Federal Marriage Amendment which would have had the effect of outlawing same-sex marriage throughout the country. This draft platform is calling for a different sort of constitutional amendment “returning control over marriage to the states.” That is, if a Republican President is unable to pack the court with enough anti-marriage conservatives to overturn the Windsor and Obergefell decisions. It also, indirectly, appears to call for the establishment of a “defense of marriage act” of some sort in saying that governmental regulations should only recognize opposite-sex marriages.

The draft platform also includes language opposing the Obama Administration’s efforts to eliminate anti-transgender discrimination in the nation’s public schools via Title IX of the Education Amendments of 1972:

That same provision of the law is now being used by bureaucrats — and by the current president of the United States — to impose a social and cultural revolution upon the American people. Their agenda has nothing to do with individual rights; it has everything to do with power. They are determined to reshape our schools — and our entire society — to fit the mold of an ideology alien to America’s history and traditions. Their edict to the states concerning restrooms, locker rooms and other facilities is at once illegal, ominous, and ignores privacy issues. We salute the several states which have filed suits against it.”

The draft platform is still undergoing amendments and revisions today as various platform subcommittees continue their work.

Indiana to consider marriage ban bill today

Timothy Kincaid

January 13th, 2014

Today legislators in Indiana are scheduled to vote on a bill to put a marriage ban into the state constitution. It is likely the last time that a state will undertake such an effort.

In a sign that the public’s appetite for institutionalized discrimination is waning, this bill is facing uncertainty, despite Republicans holding majorities in both houses.

The problem is that for the amendment to be brought about, identical language must be approved by two consecutive legislatures and then approved by popular vote and, in their arrogance, the 2010 legislature went into full ‘ban everything’ mode.

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Indiana. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.

Now the ‘no marriage, no civil unions, no other-state recognition, no employment benefits, no nothing, never’ approach seems heavy-handed and cruel. And many moderates and business leaders are warning that such an approach makes the state appear oppressive and hostile, neither of which are good for business.

Left with a start over or risk it choice, Legislative leaders are trying to have it both ways. Starting over would mean that the likelihood of passage of anything would be much lower in four years. And risking it runs the chance of defeat, which would almost certainly be seen as a sign that the nation has tired of anti-gay amendments.

So instead they are trying to “explain” the second half of the amendment language. (News Sentinel)

“I think it’s very advisable to have an expression of legislative intent that accompanies HJR 3 (the proposed amendment),” Bosma said last week. “There are valid questions raised about the second sentence of the amendment.

“It seemed to make a lot of sense to address the issues, but still make it quite clear that civil unions are not allowed — which is the substantially similar or identical language to marriage — and define it as a man and a woman, but remove these concerns people validly are raising in most cases.”

The opposition has pointed out specific situations in which this bill would hurt lives of people in Indiana, such as partners of employees at the state colleges. Which, based on the history of other states going for the “no, no, no, no” approach is true.

The legislative leaders are hoping that by “explaining”, they can confuse the issue enough that the voters will somehow overlook the problems that the bill would bring and the image of their state as the final Hate State. But the business community is not on board and moderates are not letting the leaders get by with such a flimsy card game.

Today is the first test in whether the social conservatives have sufficient grasp on the legislature so as to push the bill through. (abc57)

The amendment vote falls in the hands of the Indiana House Judiciary Committee, a panel of just 13 lawmakers.

All 4 Democrats on the committee are expected to vote it down, but they’ll still need at least 3 of the Republicans to join them in order to defeat the amendment.

If the party is smart, they will kill this bill in committee, promise to bring it back again, and then lose it in the shuffle. The odds are that they will instead taint the image of their party and their state and plop this steaming pile of animus and self-righteousness into the laps of the voters.

UPDATE:

You can watch the hearing here.

So far opponents have included gay Republicans, business groups and chambers of commerce. Actually, some pretty hard-hitters from our side. All either hard-core Republican activists or high-level businesses integral to the economy.

Perhaps one of the most unusual arguments from a very conservative attorney is that because the second sentence is so ambiguous, then the courts will make all future decision and not the legislature.

UPDATE TWO:

Legislator just ate up ADF’s representative by asking for an example of what the second sentence would prohibit. She kept trying to say it would not effect benefits, but couldn’t say what it would do. And the silly girl said “I can say with certainty” only to have it pointed out to her that her assertions disagree with history and have no weight.

UPDATE THREE:

The Judiciary Committee has adjourned and the vote has been delayed.

Congressman Randy Weber proposes DOMA redux

Timothy Kincaid

January 10th, 2014

Randy Weber (R- TX) has yet to make much of a name for himself.

Oh, in addition to his day job as an air conditioner repairman, he also was involved in local Republican committees and on the city counsel of Pearland, Texas. And that was all before being elected to the Texas House of Representatives, where he served for four years.

And when Rand Paul decided to run for Senate Ron Paul decided to retire, Weber won the Republican Party primary for Paul’s seat – after a run-off election. And while Massachusetts’ Mitt Romney did do a bit better than Weeber in his home district, he was nevertheless elected to represent Texas’ 14th Congressional District.

Now, he’s only been in office for a year so he hasn’t really had much time to find the right idea, the vehicle which will define him as a statesman.

He has written one resolution, which would “Expresses the sense of the House of Representatives that the government’s scientific and technical analysis of the potential environmental impacts of the Keystone XL pipeline have repeatedly affirmed its environmental soundness and safety”. But that resolution is currently langering in the House Committee on Science, Space, and Technology, where Wever is a committee member. And that can’t feel good.

And he’s helped 415 Texans through casework and guided 140 families on US Capitol tours. But doesn’t get you headlines.

However, Roddy Wegle has finally found his issue. He has finally found that one position on which he can get in on the ground floor and make a name for himself.

Werber has now sponsored HR 3829: the State Marriage Defense Act of 2014.

And it’s a real doozy. Very timely. And oh so popular among those whom Weber find a common cause.

Though the text of the bill is not yet available, what it would do is require that the Federal Government change the criteria for recognition of same-sex marriages from whether they were legally licensed, performed, and recorded and instead determine Federal recognition on where the couple lived at the moment. Weger’s bill would have the Feds only recognize a marriage if the state of residency recognized the marriage, thus allowing one state to not only invalidate another state’s contracts, but to force the Federal Government to do so as well.

Now this might be a bit tricky. A couple that moved often might find themselves to be married, unmarried, married, single, civil unioned, or completely confused. Move to New York and you’re married. Move to Nevada and you file state taxes jointly but Federal taxes as single. Move to Texas and hope to God that you don’t live near Weber.

But Ronnie Webbe now has gotten some attention. The Family Research Counsel has endorsed his bill, as has the National Organization for Marriage.

And he has co-sponsors; 27 of them (all Republicans). And while many are fellow Texans with whom you may not be familiar, he’s got some big names on his bill including Joe Pitts, Doug LaMalfa, Louie Gohmert, and even Michele Bachmann, whom we all know so well.

But, alas, it looks as though he might not have been as clever as he hoped. Because this move, as timely and hot-button as he might hope, as joyously received by the stalwart defenders of “the family”, still didn’t get his name into the papers.

Oh sure, the gay blog sites took notice. And the far right disseminators of viewpoint and opinion. But otherwise nothing.

Well, okay, not exactly nothing. It is true that the Sacramento Bee did make available on their website the press release which was issued by the FRC, but otherwise the media attention was the same as if Woober farted in the wind.

No New York Times., No Chicago Tribune. No Duluth News Tribune. Not even the wacky, Moony-owned, far right, anti-gay Washington Times ran a story.

And, sadly for Weder, it’s not likely to get better. While the good ol’ boys at the local Elks Lodge may all think his proposal is a fine idea, the Republican Party leadership will bury this dog. They know that the ship has sailed and that equality is the future and they want nothing more than to have the issue behind them. Preferable before 2016 so they can blame President Obama and the Supreme Court and move on to other issues.

Alas, poor Ricky Weevil. Your second try at establishing your legacy doesn’t seem to be panning out so well. But take heart, you have another year. Maybe you’ll find a way to make everyone remember your name.

And Veterans Benefits

Jim Burroway

August 30th, 2013

When the U.S. Supreme Court struck down Section 3 of the Defense of Marriage act, it didn’t address any other sections of the law which also limit the definition of marriage, like Title 38, the portion of the U.S. code covering veterans’ benefits. That code barred the VA from recognizing marriages for couples residing in states where that marriage is illegal. It looks like that restriction is history as well:

U.S. District Judge Consuelo Marshall, a Carter appointee, grants summary judgment in favor of plaintiffs by determining the U.S. government lacks any rational basis in withholding these benefits. Marshall finds current law doesn’t advance gender equity or military purposes.

“Title 38 is not rationally related to the military’s commitment to caring for and providing for veterans benefits,” Marshall writes. “[T]he court permanently enjoins Defendants from relying on [Title 38] or Section 3 of [DOMA] to deny recognition of Plantiffs’ marriage recognized by the State of California.”

It’s not immediately clear Thursday night whether the ruling means the U.S. government is enjoined from blocking benefits for all gay married veterans or only the plaintiffs who filed suit in the case. However, the court declared the law unconstitutional, not just as applied to the plaintiffs.

HHS Extends Medicare Coverage for Same-Sex Spouses in Nursing Homes

Jim Burroway

August 30th, 2013

This may seem like a little thing, until it’s time for you and your spouse to go into a nursing home:

Today, the Department of Health and Human Services (HHS) issued a memo clarifying that all beneficiaries in private Medicare plans have access to equal coverage when it comes to care in a nursing home where their spouse lives.  This is the first guidance issued by HHS in response to the recent Supreme Court ruling, which held section 3 of the Defense of Marriage Act unconstitutional.

…”Today, Medicare is ensuring that all beneficiaries will have equal access to coverage in a nursing home where their spouse lives, regardless of their sexual orientation,” said Centers for Medicare & Medicaid Services (CMS) Administrator Marilyn Tavenner.  “Prior to this, a beneficiary in a same-sex marriage enrolled in a Medicare Advantage plan did not have equal access to such coverage and, as a result, could have faced time away from his or her spouse or higher costs because of the way that marriage was defined for this purpose.”

Under current law, Medicare beneficiaries enrolled in a Medicare Advantage plan are entitled to care in, among certain other skilled nursing facilities (SNFs), the SNF where their spouse resides (assuming that they have met the conditions for SNF coverage in the first place, and the SNF has agreed to the payment amounts and other terms that apply to a plan network SNF).  Seniors with Medicare Advantage previously may have faced the choice of receiving coverage in a nursing home away from their same-sex spouse, or dis-enrolling from the Medicare Advantage plan which would have meant paying more out-of-pocket for care in the same nursing home as their same-sex spouse.

 

Equality Means that You, Too, May Be Eligible for the “Marriage Penalty”

Jim Burroway

August 30th, 2013

Two months after the U.S. Supreme Court declared Section 3 of the Defense of Marriage Act unconstitutional, the Treasury Department has ruled that same-sex married couples will be treated just like all married couples when they file their tax returns, regardless of whether they currently live in a state that recognizes same-sex marriage. That’s the good news for many and bad news for those whose combined incomes when filed as married pushes them into a higher tax bracket. Those are the breaks.

But the good news for everyone is that the Treasury Department’s determination on how same-sex couples will be treated on taxes means that they will be treated as married couples with federal estate and gift taxes, and the tax breaks that married couples get when a spouse is covered under an employer-provided health plan. Until now, the cost of those benefits was seen as extra income that was taxed at the full rate.

The ruling does not apply to couples who have domestic partnerships, civil unions, or other non-marriage arrangements. Married couples have the option of filing an amended return to claim refunds for tax years 2010 through 2012.

For married couples in states which do not recognize same-sex marriage, life can become interesting when they go to file the state income taxes this year. Before yesterday’s ruling, couples in, say, Massachusetts had to fill out their Federal forms twice: once as single individual for Federal tax purposes, and again as a married couple to figure out what their correct (and lower) Massachusetts state income tax would be. That’s because most state governments peg their state taxes according to what you paid at the federal level. But now that what married couples will be paying a different rate at the federal level, it’s unclear what the 37 states which do not recognize same-sex marriage will require their residents to do:

“I expect what will happen is that Ohio will say you have to file as single, and that they will do that based on the constitutional amendment,” (Lambda Legal director John) Davidson said. Santa Clara University Law professor Patricia Cain agreed, telling BuzzFeed states like Ohio with such amendments will have to “change their state income tax reporting rules to unhook them from federal reporting.”

Looking at a pending case in which a federal judge in Ohio has questioned Ohio’s failure to recognize the marriage of a same-sex couple, Jim Obergefell and John Arthur, who married in another state, however, Davidson also said, “But, as the Obergefell decision suggests, this is just going to prompt more litigation.”

Davidson pointed out that, in addition to Ohio, there are federal lawsuits by same-sex couples seeking marriage recognition pending in federal courts in Arkansas, Kentucky, Louisiana, Nevada, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah and Virginia and state lawsuits pending in Arkansas, Kentucky, Illinois, New Jersey, New Mexico and Texas.

OPM Moves Quickly On Spousal Benefits For Federal Employees and Retires

Jim Burroway

June 28th, 2013

The Office of Personnel Management — think of them as the HR department for the entire U.S. government — has moved quickly in the wake of Wednesday Supreme Court decision striking down the Defense of Marriage Act. In a memorandum to executive department and agency heads, OPM acting director Elaine Kaplan has announced that the government “will now be able to extend benefits to Federal employees and annuitants who have legally married a spouse of the same sex.”

The memo indicates that additional information will be forthcoming, but effective immediately, employees and retirees can obtain health insurance, life insurance, Dental and Vision Insurance, Long-Term Care Insurance, and Flexible Spending Accounts (FSA) to cover their married spouses, and step-children. Most of those benefits are also available to spouses of Federal retirees as well. Retirees can also claim a survivorship for their married spouses, although, as is already the case with opposite-sex married spouses, a survivorship option can result in a reduction in their monthly pension. The OPM memo says that additional guidance will be forthcoming on that option, as well as on other benefits.

OPM has confirmed to BuzzFeed’s Chris Geidner that the marriage benefits doesn’t depend on the state in which the employee or retiree resides:

Additionally, the memorandum states at several points that the changes apply to “all legally married same-sex spouses,” which an OPM spokesman confirmed includes couples who are legally married in one state but live in a state that does not recognize the marriage.

“Yes, these benefits will be available to any Federal employee or annuitant who has a valid marriage license, regardless of their State of residency,” Thomas Richards, OPM director of communications, told BuzzFeed Friday afternoon.

Liberty Counsel’s Mat Staver: Recognizing People’s Marriages Is Just Like Slavery, Eugenics and the Japanese Internment

Jim Burroway

June 28th, 2013

They’re still chattering. Via Right Wing Watch:

I’m very dissapointed in this decision. I think this decision represents a line that the court has crossed into illegitimacy. We’ve seen this before in its history, where it decided the Dred Scott decision, which was an illigitimate decision; the Korematsu decision which was the Japanese interment decision; the Buck v. Bell decision that says its okay to force people to be sterilized, an illegitimate decision. All of which we say were dark spots in the Court’s history. I think today’s decision falls into that same category. This decision is by five justices that cut the tether between themselves and the Constitution. They are in their own fantasy world that there is somehow an equal protection right to mame-sex marriage.

Speaking of illegitimate: Mat Staver founder of Liberty Counsel. He’s also a vice president at Liberty university and the dean of its law school, which teaches his law students should ignore the law counsel their clients to break the law in favor of “God’s Law.” And according to a RICO lawsuit filed last year connecting his law school to the Miller-Jenkins kidnapping case, his law school practices what he teaches.

Obama: Marriage Benefits Should Cross State Lines

Jim Burroway

June 27th, 2013

One of the unsettled questions in light of yesterday’s DOMA ruling is whether a same-sex couple living in Pennsylvania (where there is no marriage equality in state law) but married in New York (where there is) is entitled to federal recognition of their marriage. President Barack Obama, speaking while on tour in Africa, has White House lawyers looking into the issue:

He says as president, he believes federal benefits should be granted to couples married in a state that recognizes gay marriage even if they move to a state that doesn’t.

Obama says he asked his lawyers to start evaluating how to update federal statutes to grant gay couples federal benefits even before the high court ruled.

Rep. Jerrold Nadler (D-NY) and Sen. Dianne Feinstein (D-CA) introduced the Respect for Marriage Act in their respective chambers yesterday, which would repeal the remaining provision of DOMA that allows states to ignore lawful same-sex marriages performed in other states. It would also explicitly clarify the question of whether Federal recognition of a marriage is dependent on the couple’s residency. While the measure enjoys bipartisan support, no movement is expected in the GOP-controlled House.

Christie Slams DOMA Ruling

Jim Burroway

June 27th, 2013

New Jersey GOP Gov. Chris Christie, whose name is often brought up as a potential 2016 presidential contender, blasted yesterday’s U.S. Supreme Court ruling declaring Section 3 of the Defense of Marriage Act unconstitutional:

“I don’t think the ruling was appropriate. I think it was wrong. They, the Court, without a basis in standing, substituted their own judgment for the judgment of a Republican Congress and a Democratic President. In the Republican Congress in the ’90s and Bill Clinton. I thought that Justice Kennedy’s opinion was, in many respects, incredibly insulting to those people, 340-some members of Congress who voted for the Defense of Marriage Act, and Bill Clinton. He basically said that the only reason to pass that bill was to demean people. That’s heck of a thing to say about Bill Clinton and about the Republican Congress back in the ’90s. And it’s just another example of judicial supremacy, rather than having the government run by the people we actually vote for. So I thought it was a bad decision.

Christie reiterated his vow to again veto a marriage equality bill in New Jersey, insisting instead that the rights of New Jersey LGBT couples be put to a vote.

Will The Real Rand Paul Please Stand Up

Jim Burroway

June 26th, 2013

Sen. Rand Paul (R-KY) has had quite a whipsaw of a day. This morning, he appeared on Glenn Beck’s radio program to talk about the Supreme Court marriage decisions. Beck said that today’s decisions opened up the possibility that “one man, three women. Uh, one woman, four men” can  get married. Paul took Beck’s lunacy a step further:

I think this is the conundrum and gets back to what you were saying in the opening — whether or not churches should decide this,” Paul said on Glenn Beck’s radio show Wednesday morning. “But it is difficult because if we have no laws on this people take it to one extension further. Does it have to be humans? You know, I mean. So there really are — the question is what social mores, can some social mores be part of legislation?”

“Historically, we did at the state legislative level, we did allow for some social mores to be part of it,” the Kentucky Republican continued. “Some of them were said to be for health reasons and otherwise, but I’m kind of with you, I see the thousands-of-year tradition of the nucleus of the family unit. I also see that economically, if you just look without any kind of moral periscope and you say, what is it that is the leading cause of poverty in our country? It’s having kids without marriage. The stability of the marriage unit is enormous and we should not just say oh we’re punting on it, marriage can be anything.”

Paul walk that statement back a couple of hours later in an interview on Fox News:

“I don’t think it will be with multiple humans, and I think it will be human and human,” Paul said on Fox News. “I didn’t mean that to mean anything other than that I think the government will still probably be involved in defining marriage to a certain aspect. I don’t think we’re going on towards polygamy or things beyond that.”

And a few hours after that, Paul’s transformation was complete when he told ABC that the Republican Party will simply have to “agree to disagree on some of these issues.”

DOMA Splits GOP Leadership and Rank-And-File

Jim Burroway

June 26th, 2013

House Speaker John Boehner (R-OH) issued this brief statement after the DOMA decision was announced:

Congress passed the Defense of Marriage Act on an overwhelmingly bipartisan basis and President Clinton signed it into law.  The House intervened in this case because the constitutionality of a law should be judged by the Court, not by the president unilaterally.  While I am obviously disappointed in the ruling, it is always critical that we protect our system of checks and balances.  A robust national debate over marriage will continue in the public square, and it is my hope that states will define marriage as the union between one man and one woman

As BTB’s Timothy Kincaid pointed out, many are seeing his statement and others from Sen. John Cornyn (R-TX) and Senate Minority leader Mitch McConnell (R_KY) as a sign that Republican leadership isn’t eager to take up opposition to marriage equality in the nation’s Capital. They can see the tea leaves as well as anyone. Well, almost anyone. One rank and file Congressman looked at Boehner’s statement and saw things differently:

Rep. Tim Huelskamp (R-Kan.), speaking at a Tuesday meeting between reporters and conservative lawmakers, said he will file a constituional amendment in Congress late this week to restore DOMA. Huelskamp said he will be joined by other conservatives.

“My response to this [decision] will be later this week to file a federal marriage amendment,” he said.

When asked if leadership is likely to support efforts to restore DOMA, Huelskamp said he was encouraged by the Boehner’s statement after the ruling. “I give tremendous credit to the Speaker of House,” Huelskamp said.

Whatever Huelskamp may think he saw in Boehner’s statement, I think it’s safe to say however that DOMA’s revival will be DOA as soon as it hits the House floor.

Meanwhile, Florida Senator and possible 2016 presidential contender Marco Rubio strikes a different tone:

I believe the Supreme Court made a serious mistake today when it overstepped its important, but limited role.  I do not believe that President Clinton and overwhelming bipartisan majorities of both houses of Congress acted with malice or intent to ‘demean’ a class of people when they adopted a uniform definition of marriage for the purposes of federal law.  The Court should not have second guessed the will of the American people acting through their elected representatives without firm constitutional justifications.  The sweeping language of today’s majority opinion is more troubling than the ruling itself as it points to further interference by the Court in the years to come.

For millions of Americans, the definition of marriage is not an abstract political question, or some remote legal debate.  It’s a deeply personal issue. It’s an issue that I have grappled with as well.

I believe that marriage is a unique historical institution best defined as the union between one man and one woman. In the U.S., marriage has traditionally been defined by state law, and I believe each state, acting through their elected representatives or the ballot, should decide their own definition of marriage. For the purposes of federal law, however, Congress had every right to adopt a uniform definition and I regret that the Supreme Court would interfere with that determination.

Dem Reps. Cheer Marriage Decisions

Jim Burroway

June 26th, 2013

A paraphrase of what they said:

Rep. Nancy Pelosi (D-CA): Oh happy day! Justice was done for thousands of LGBT families nationwide. Forty-four years after Stonewall. Supreme Court bent the arc of history toward justice. Equal protection is a promise kept. More work to be done. Applauds the inspiration of Harvey Milk, the courage of Edie Windsor.

Rep. Steny Hoyer (D-MD): Principles of equal justice under law. Maryland and other states wanted full marriage equality. Now they get it. A good day for every American. Fifty years ago, one of my first votes as state Senator was to repeal the miscegenation law in Maryland. Another step for equality, justice, inclusion.

Rep. Jerrold Nadler (D-NY): History of the U.S. can be read as an expanding of “all men are created equal.” Today is another step in that evolution. Breathes life into constitution’s promise of equal liberty for all. DOMA embodied contempt and animus. Work is not done. DOMA in its entirety must be wiped from the books. Reintroduction of Respect for Marriage Act later today.

Rep. Jared Polis (D-CO): Was on the steps of the Supreme Court when decision was handed down. Not a single anti-equality protester. This is the system working for families like mine. Americans are more than ready for this decision. Battle is far from done. People can still be fired, kids face bullying. Congress still has a critical role.

Rep. David Cicilline (D-RI): Applauds the simplicity of the court’s analysis and power of the decision. DOMA was designed to stigmatize and harm LGBT people. Decision helps to transform the lives of thousands of families. Gives meaning to our values.

Rep. Sean Patrick Maloney (D-NY): Called partner, Randy, of 21 years. Couldn’t get the words out. For families like mine, when I get the kids ready for school, etc., they aren’t growing up in a family that is less than someone else’s. (Holding back tears.) Brown v. Board of Ed., Loving v. Virginia, Lawrence v. Texas, and now we are even more American.

Rep. Mark Pocan (D-WI): 93 million people live in states with marriage equality. WE still face barriers. Make sure every single loving, committed relatinship can be recognized.

Rep. Mark Takano (D-CA): I challenge every California clerk to start issuing marriage licenses to every couple that desires one. “I feel jubilation, I feel fabulous, I feel every gay word I can think of.” Kennedy wrote beautiful sentences and reached for the poetic. Stirring words: DOMA humiliates the children of same-sex couples.

GOP Reps. React To Marriage Decisions

Jim Burroway

June 26th, 2013

In case you don’t want to watch the video, here’s a non-transcript rendition of what they said:

Rep. Steve Scalise (R-LA): Unelected judges.

Rep. John Fleming (R-LA): Popular laws = Constitutional. Unpopular laws = Unconstitutional.

Rep. Joe Pitts (R-PA): Thank you Boehner for defending it. Negative consequences for children.

Rep. Scott Garrett (R-NJ): We the people have final say, not unelected courts. Courts got Federalism wrong.

Rep. Tim Wahlberg (R-MI): Desires of adults not more important than needs of children. “Society itself is at risk and cannot continue.”

Rep. Doug LaMalfa (R-CA): Marriage has been debased. Why vote? It doesn’t stop here. Churches will be forced to do things they are against.

Rep. Randy Weber (R-TX): Court is in collusion with Obama at the expense of children. One more attack on religious institutions.

Rep. Louie Gohmert (R-TX): This is not a hateful group. We love the U.S.A. It’s all Obama’s fault. Holder lied. The Court (“the new holy quintet”) lied. Dishonesty, inconsistency. King Solomon!

Rep. Michele Bachman (R-MN): Limited government. Denied equal protection to every American in the United States. No more co-equal branches, but Supreme Court over all. Oligarchy of five. Limited government. Decision belies the constitution. “The people will have their sway.” Equal protection again. No jurisdiction. Foundational unit of society. Created by God. Supreme Court have not risen to the level of God.

Rep. Tim Huelscamp (R-KS): Narrow radical majority. Think of the children.

Obama Administration Moves Quickly on DOMA’s Demise

Jim Burroway

June 26th, 2013

President Barack Obama issued the following statement:

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.

Attorney General Eric Holder is responds to the President’s request:

Today’s historic decision in the case of United States v. Windsor, declaring Section 3 of the Defense of Marriage Act unconstitutional, is an enormous triumph for equal protection under the law for all Americans.  The Court’s ruling gives real meaning to the Constitution’s promise of equal protection to all members of our society, regardless of sexual orientation.  This decision impacts a broad array of federal laws.  At the President’s direction, the Department of Justice will work expeditiously with other Executive Branch agencies to implement the Court’s decision.  Despite this momentous victory, our nation’s journey – towards equality, opportunity, and justice for everyone in this country – is far from over.  Important, life-changing work remains before us.  And, as we move forward in a manner consistent with the Court’s ruling, the Department of Justice is committed to continuing this work, and using every tool and legal authority available to us to combat discrimination and to safeguard the rights of all Americans.

Secretary of Defense Chuck Hagel also issued a statement promising to “immediately begin the process” of ensuring all military spouses enjoy the same benefits “as soon as possible“:

The Department of Defense welcomes the Supreme Court’s decision today on the Defense of Marriage Act. The department will immediately begin the process of implementing the Supreme Court’s decision in consultation with the Department of Justice and other executive branch agencies. The Department of Defense intends to make the same benefits available to all military spouses — regardless of sexual orientation — as soon as possible. That is now the law and it is the right thing to do.

Every person who serves our nation in uniform stepped forward with courage and commitment. All that matters is their patriotism, their willingness to serve their country, and their qualifications to do so. Today’s ruling helps ensure that all men and women who serve this country can be treated fairly and equally, with the full dignity and respect they so richly deserve.

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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.