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Barbara Bush Supports Marriage for Same-Sex Couples
In New Video, Daughter of President George W. Bush Adds Voice to HRC’s New Yorkers for Marriage Equality Campaign
WASHINGTON – Today the Human Rights Campaign – the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization – released a new video in the “New Yorkers for Marriage Equality” campaign featuring Barbara Bush, the daughter of President George W. Bush. In the video she says, “I’m Barbara Bush and I’m a New Yorker for marriage equality. New York is about fairness and equality and everyone should have the right to marry the person that they love. Join us.” View the video at www.hrc.org/NY4marriage.
“Americans from all walks of life are increasingly supportive of the basic right to equal marriage,” said HRC President Joe Solmonese. “Barbara Bush’s advocacy shows that equality knows no party label.”
The video comes on the heels of two New York polls showing a majority of New Yorkers support marriage equality. A Siena Research Institute Poll earlier this month found 57 percent of New Yorkers support marriage for same-sex couples and another poll last week by Quinnipiac University had support at 56 percent.
Barbara Bush joins prominent Republicans like her mother Laura Bush as well as Dick Cheney and Ted Olson as supporters of marriage equality. Her position also reflects her generation with 68% of New Yorkers between the ages of 18-34 supporting marriage for same-sex couples.
The New Yorkers for Marriage Equality campaign is centered on video testimonials from New Yorkers who support the right of same-sex couples to marry. The ads are running online with possible placement elsewhere when the legislative fight for marriage equality heats up in Albany. To date, HRC has released videos from Barbara Bush, Robert F. Kennedy Jr., Whoopi Goldberg, Daphne Rubin-Vega, Kyra Sedgwick and Kevin Bacon, Fran Drescher, Moby, Mayor Michael Bloomberg, Jeanne Moutoussamy-Ashe, Julianne Moore and Kenneth Cole – with more to follow in the coming weeks and months.
A broadcast quality version of the video is available to media at: www.hrc.org/ny4me-highres-bush/BarbaraBush-NY4ME.mov
The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
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FOR IMMEDIATE RELEASE: January 31, 2010
HRC Applauds Illinois Civil Unions Bill Signed Into Law Today
Law Providing State-Level Rights Takes Effect June 1, 2011
WASHINGTON — The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today applauded Illinois Governor Pat Quinn for signing into law the “Illinois Religious Freedom Protection and Civil Unions Act.” The signing ceremony is planned for 4 p.m. central time today. Couples may begin obtaining civil unions and enjoying the state-level rights and responsibilities of married couples on June 1, 2011.
“Today marks a tremendous step towards equality for all families in Illinois,” said HRC President Joe Solmonese. “HRC commends Governor Quinn for his commitment to ensuring civil unions became law. Congratulations to Rep. Greg Harris, lead sponsor of the bill, who fought for years to ensure civil unions would become a reality, and thank you to Equality Illinois and the ACLU of Illinois for their tireless efforts on behalf of the LGBT community.”
The new law will permit both same-sex and opposite-sex couples to enter into civil unions and receive the same benefits, protections, and responsibilities under Illinois law that are granted to spouses. Couples who enter into a civil union will not receive any rights or benefits under federal law. Illinois still does not permit same-sex couples to marry. The law explicitly allows religious entities to choose not to solemnize or officiate civil unions.
In addition to Illinois, twelve states plus Washington, D.C. have laws providing an expansive form of state-level relationship recognition for gay and lesbian couples. Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington D.C. provide marriage to same-sex couples under state law. New York and Maryland recognize out-of-jurisdiction same-sex marriages, but do not provide marriage licenses to same-sex couples in state. Five other states – California, Nevada, New Jersey, Oregon, and Washington – provide same-sex couples with access to almost all of the state level benefits and responsibilities of marriage, through either civil unions or domestic partnerships.
Colorado, Hawaii, Maine and Wisconsin provide gay and lesbian couples with limited rights and benefits, not all rights provided to married couples. An attorney general opinion and subsequent court ruling in Rhode Island resulted in limited recognition of out-of-jurisdiction marriages of same-sex couples. California recognized marriage for same-sex couples between June and November of 2008, before voters approved Proposition 8, which purports to amend the state constitution to prohibit marriage equality. Couples married during that window remain married under California law, but all other same-sex couples can only receive a domestic partnership within the state. The state will recognize out-of-jurisdiction same-sex marriages that occurred before November 5, 2008 as marriages and those that occurred on or after November 5, 2008 as similar to domestic partnerships.
Same-sex couples do not receive federal rights and benefits in any state. For an electronic map showing where marriage equality stands in the states, please visit: www.HRC.org/State_Laws.
The Human Rights Campaign is America’s largest civil rights organization working to achieve gay, lesbian, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
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WASHINGTON — President Obama has balanced on a political tightrope for two years over the Defense of Marriage Act, the contentious 1996 law barring federal recognition of same-sex marriages. Now, two new federal lawsuits threaten to snap that rope out from under him.
Mr. Obama, whose political base includes many supporters of gay rights, has urged lawmakers to repeal the law. But at the same time, citing an executive-branch duty to defend acts of Congress, he has sent Justice Department lawyers into court to oppose suits seeking to strike the law down as unconstitutional.
The two lawsuits, however, have provoked an internal administration debate about how to sustain its have-it-both-ways stance, officials said. Unlike previous challenges, the new lawsuits were filed in districts covered by the appeals court in New York — one of the only circuits with no modern precedent saying how to evaluate claims that a law discriminates against gay people.
That means that the administration, for the first time, may be required to take a clear stand on politically explosive questions like whether gay men and lesbians have been unfairly stigmatized, are politically powerful, and can choose to change their sexual orientation.
“Now they are being asked what they think the law should be, and not merely how to apply the law as it exists,” said Michael Dorf, a Cornell University law professor. “There is much less room to hide for that decision.”
James Esseks, an American Civil Liberties Union lawyer helping with one case, said the new suits could be game-changing.
The Obama legal team has not yet decided what path to take on the lawsuits, according to officials who spoke on the condition of anonymity about the internal deliberations. But the Justice Department must respond by March 11. The debate has arisen at a time when Mr. Obama has signaled that his administration may be re-evaluating its stance.
As a candidate, Mr. Obama backed civil unions for gay people while opposing same-sex marriage. But last month, after Congress — in the final hours before Republicans took control of the House — repealed the law barring gay men, lesbians and bisexuals from serving openly in the military, he told The Advocate, a magazine that focuses on gay issues, that his views on marriage rights “are evolving.”
“I have a whole bunch of really smart lawyers who are looking at a whole range of options,” Mr. Obama said, referring to finding a way to end the Defense of Marriage Act. “I’m always looking for a way to get it done, if possible, through our elected representatives. That may not be possible.”
Since 2003, when the Supreme Court struck down laws criminalizing gay sex, the legal landscape for same-sex marriage has shifted. Eight states now grant marriage licenses to same-sex couples or recognize such marriages if performed elsewhere. But under the Defense of Marriage Act, the federal government cannot recognize those relationships.
That has raised a crucial question: Is it constitutional for the federal government to grant certain benefits — like health insurance for spouses of federal workers, or an exemption to estate taxes for surviving spouses — to some people who are legally married under their state’s laws, but not to others, based on their sexual orientation?
The Constitution declares that everyone has a right to equal protection by the law. But many laws treat some people differently from others. Courts uphold such policies as constitutional if they can pass a test showing that the discrimination is not invidious.
A law singling out an ordinary class — like owners of property in a district with special tax rates — gets an easy test. It is presumed valid, and a challenge is dismissed unless a plaintiff proves that the law advances no conceivable rational state interest.
But a law focusing on a class that has often been subjected to unfair discrimination — like a racial group — gets a hard test. It is presumed invalid and struck down unless the government proves that officials’ purpose in adopting the law advances a compelling interest.
Gay-rights groups contend that the marriage act ought to be struck down under either test. Last year, a federal judge in Massachusetts agreed, saying it was unconstitutional even under the easy test’s standards.
But the Obama administration, which appealed that ruling, contends that a plausible argument exists for why the act might be constitutional. Justice Department officials say they have a responsibility to offer that argument and let courts decide, rather than effectively nullifying a law by not defending it.
Justice officials have argued that the marriage act is justified, under the easy test’s standards, by a government interest in preserving the status quo at the federal level, allowing states to experiment. And in its brief appealing the Massachusetts ruling, the department stressed seven times that a “binding” or “settled” precedent in that circuit required the easy test.
But for the new lawsuits, no such precedent exists. The Obama team has to say which test it thinks should be used. Courts give a class the protection of the hard test if it has been unfairly stigmatized and if its members cannot choose to leave the class, among other factors. By those standards, it could be awkward, especially for a Democratic administration, to proclaim that gay people do not qualify for it.
But under a hard test, the administration’s argument for upholding the marriage law would be weaker, legal specialists say, in part because when lawmakers enacted it in 1996, they mentioned only in passing an interest in preserving the federal status quo as states experimented.
Some conservatives have accused the administration of throwing the fight by not invoking other arguments, like morality. And in particular, lawmakers’ primary focus in 1996 was “encouraging responsible procreation and child-rearing.”
But the administration’s filings in other cases disavowed that rationale, noting that infertile heterosexuals may marry and citing studies that children raised by same-sex parents are as likely to be well-adjusted as those raised by heterosexuals.
M. Edward Whelan III, a former Bush administration lawyer, said the Obama team’s rejection of the children-based rationale amounted to “sabotage.”
Another possible path, legal specialists say, would be to urge the judges to adopt the easy test because courts elsewhere have done so, without laying out any full legal analysis of how to think about gay people as a class.
Gay-rights supporters, however, call that option dishonest: those cases largely derived from decisions before the Supreme Court’s 2003 sodomy ruling. The premise that it was constitutional to criminalize gay sex short-circuited appraisal of protections for gay people from lesser forms of official discrimination.
“We think there is only one answer the government and the court can come to if they apply the test conscientiously, and that is that the government must have to prove why it needs to treat gay people differently,” said Mr. Esseks, the A.C.L.U. lawyer.
“And if the government has to have a real reason, as opposed to a made-up reason, we don’t think there is any way that the government wins.”