23 Haziran 2012 Cumartesi

HRC - Dominoes Continue to Fall on Discriminatory DOMA

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FORIMMEDIATE RELEASE: June 6, 2012

Michael Cole-Schwartz 



Dominoes Continue to Fall on DiscriminatoryDOMA
Another Federal Court Rules Federal Ban onMarriage Recognition for Gay Couples Unconstitutional
WASHINGTON –In yet another blow to the discriminatory Defense of Marriage Act (DOMA), todaya federal court in New York ruled the law to be unconstitutional, and foundthat laws that discriminate against gays and lesbians should be subject toheightened scrutiny.  The ruling comes in the case of Windsor v. United States,where DOMA forced the federal government to tax Edie Windsor’s wife’s estate asif they had never been married.  The House Republican leadership hiredprivate attorney Paul Clement to defend the statute in court and this is nowthe fourth out of four courts where Clement has defended DOMA and lost.


Human RightsCampaign President Joe Solmonese released the following statement in responseto the decision:

“Thedominoes continue to fall on DOMA with yet another federal court rightlycalling it unconstitutional.  All loving and committed married couplesshould be recognized by the federal government yet we continue to see theterrible pain DOMA inflicts on real families.  The real question is whenSpeaker Boehner will see the writing on the wall and stop wasting taxpayerdollars defending this outrageous law and instead work to repeal it.  PaulClement’s record of zero for four speaks for itself.


“We applaudthe ACLU and Edie Windsor, as well as the attorneys at Paul, Weiss, Rifkind,Wharton & Garrison LLP, for their incredible efforts on behalf of gay andlesbian couples across the nation and are confident that one day soon familieswill no longer have to live under the burden of this onerous law.”


Currently,six states and the District of Columbia allow same-sex couples to marry. This year, legislatures in Maryland and Washington State approved marriageequality laws, but they are not yet in effect and are likely to be subject topopular referenda.  Under a 1996 law, the Defense of Marriage Act (DOMA),even lawfully-married couples cannot be recognized by the federal government,and as a result are denied access to more than 1,100 rights, benefits andresponsibilities under federal law.  These include Social Securitysurvivor benefits, federal employee health benefits for spouses, protectionsagainst spouses losing their homes in cases of severe medical emergencies, theright to sponsor a foreign born partner for immigration, the guarantee of familyand medical leave and the ability to file joint tax returns, among many others.


TheHuman Rights Campaign is America’s largest civil rights organization working toachieve lesbian, gay, bisexual and transgender equality. By inspiring andengaging all Americans, HRC strives to end discrimination against LGBT citizensand realize a nation that achieves fundamental fairness and equality for all.
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