NYT Reports on Nationwide Marriage Equality Fight

The New York Times had an interesting editorial on the fight for nationwide marriage equality in light of the recent 10-8 vote in the U.S. Senate Judiciary Committee to repeal the so-called Defense of Marriage Act. The above image indicates the current state-by-state recognition of same-sex relationships. The highlights are that only three states: Rhode Island, New Mexico and New Jersey have no laws banning marriage equality. In two of those three states (Rhode Island and New Jersey) civil union statutes have been enacted which purport to provide all the rights and responsibilities of marriage while reserving the name of "marriage" to opposite-sex couples only.

The editorial ("A Long, Winding Road to Marriage Equality") says:

Twenty-nine states have enacted constitutional amendments blocking same-sex marriage. In 18 of those states, the amendments also ban domestic partnerships or civil unions. Twelve states bar same-sex marriage by statute, and in two, Minnesota and North Carolina, anti-gay-marriage constitutional amendments will go before voters next year. At this point, nearly 60 percent of Americans live in places that do not protect gay couples in any way. 

With New York, same-sex marriage is still allowed in only six states and the District of Columbia. Only 13 states provide some recognition of gay relationships with broad domestic partnerships or more limited rights, for things like medical decisions and inheritance (this includes 11 states with constitutional amendments or statutes barring gay marriage).

In addition to the attempts to ban marriage equality in Minnesota and North Carolina via the ballot box in 2012, there will be attempts to legalize marriage equality by ballot measure in Maine. There will be no such attempt in California, however. (Thank Goodness!)  Also, in Washington, New Jersey and Maryland there are on-going efforts to legalize same-sex marriages in those states.

Of course at MadProfessah.com we will be covering all these political stories in 2012!

REPORT: Over 50,000 Legally Married Same-Sex Couples

The Williams Institute of UCLA Law School issued a report this week, Patterns of Relationship 
Recognition by Same-Sex Couples in the United States, which details that over 50,000 couples have legally married in the United States and over 140,000 have entered into some form of governmental recognition of their relationship at the state level.

From the press release:

LOS ANGELES, CA – Over 140,000 same-sex couples have formalized their
relationship under state law in the United States.  Nearly 50,000 same-sex couples have
married.  These findings from a new Williams Institute study, Patterns of Relationship
Recognition by Same-Sex Couples in the United States, are based on state administrative
data from those states where same-sex couples can marry, enter civil unions or domestic
partnerships, or enter other legal relationship statuses.  The study also finds that same-sex
couples prefer marriage over other non-marital legal relationship statuses.   

“We see a lot of evidence that same-sex couples strongly prefer marriage over civil
unions or domestic partnerships. Same-sex couples marry at higher rates in the first year
they have the option than we see in civil union states, for example,” M.V. Lee Badgett,
Research Director of The Williams Institute and professor of economics at the University
of Massachusetts Amherst.  “Our findings are consistent with other research showing that
couples value marriage more for its social meaning than for its practical benefits.”   

The new study also provides a snapshot of the couples who enter legally-recognized
relationship statuses.  These couples are predominantly female, tend to be younger than
currently married different-sex couples, and tend to be older than newly-married
different-sex couples. When a state allows marriage for same-sex couples, couples will
travel to that state to marry from other states in which they do not enjoy that same
opportunity.  

“When we look at the residency of same-sex couples who marry, around 60 percent live
outside of the state where they got married,” said Jody L. Herman, Peter J. Cooper Public
Policy Fellow at The Williams Institute.  “Couples are much less likely to travel out of
state to enter non-marital legal statuses.  This is further evidence that same-sex couples
prefer marriage.”

The graphic at the top illustrates the impact of same-sex marriage in Iowa on the surrounding states in the midwest of the country. Currently, New York, Iowa, Massachusetts, Vermont, New Hampshire, Connecticut and the District of Columbia all allow legal same-sex marriage.

Which state will be next? Perhaps Maine or Maryland?

GLAD Files For Summary Judgment In DOMA Case

GLAD Files Motion for Summary Judgment in 2nd Circuit DOMA Challenge, Pedersen v. Office of Personnel Management

Plaintiffs Ask Court for Heightened Scrutiny

Gay & Lesbian Advocates & Defenders (GLAD) filed a motion for summary judgment in Pedersen v. Office of Personnel Management, its 2^nd Circuit challenge to the federal so-called Defense of Marriage Act (DOMA).

GLAD argues that the equal protection claims of the plaintiffs, six married couples and one widower fromConnecticut, Vermont, and New Hampshire, require heightened scrutiny from the court. The brief shows how DOMA fails heightened scrutiny, or even a rational basis review.

“No interest advanced to defend DOMA can in fact withstand any level of scrutiny,” the brief reads.  “The reasons offered by Congress at the time of DOMA’s passage are either nonsensical or just another way of saying that Congress wanted to denounce and harm those gay men and lesbians who form long-term relationships and seek to have those relationships recognized and respected through civil marriage.”

GLAD also filed supporting affidavits from experts Michael Lamb, Ph.D, Gary Segura, Ph.D, Lititia Anne Peplau, Ph.D, George Chauncey, Ph.D, and Nancy F. Cott, Ph.D.

The next step is for Congress to respond to GLAD’s motion for summary judgment on or by August 15, 2011.

GLAD filed Pedersen v. OPM in Hartford, CT on November 8, 2010.  GLAD’s DOMA challenge Gill v. OPM won a July 8, 2010 ruling in Massachusetts federal district court that DOMA is unconstitutional.  That case is now on appeal. 

Co-operating counsel on Pedersen are Jenner & Block LLP (Washington, DC), Horton, Shields & Knox (Hartford), and Sullivan & Worcester LLP (Boston).  Co-counsel in the Gill case are Foley Hoag LLP, Sullivan & Worcester LLP, Jenner & Block LLP, and Kator, Parks & Weiser, PLLC.

Gay & Lesbian Advocates & Defenders is New England’s leading legal organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.

# # #

CT Gov Signs Transgender Rights Bill Into Law!

Democratic Governor Dan Malloy

Democrats have full control of the legislature and governor's office in Connecticut and one of the most important bills that has been acted recently is a bill to include transgender people in the state's civil rights laws prohibiting discrimination. (Note the state has had marriage equality since 2008!)

Raw Story has more details about HB 6599 which Mallow signed into law on July 6, 2011.

The new law adds the phrase "gender identity or expression" to all existing state sex discrimination laws, making Connecticut the 15th state to specifically protect transgender people. 

Anything under authority of the state's Commission on Human Rights and Opportunities is subject to the new rules, including employment, housing, public accommodations and credit. 

"An Act Concerning Discrimination" -- or HB-6599 -- defines "gender identity or expression" as follows: 

a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose.

The law will go into effect on October 1, 2011 and Connecticut will become the 15th state to ban transgender discrimination, not just in employment but in the areas of most traditional civil rights laws such as housing, credit, public accommodations and education.

With full Democratic control and since the state now has basically almost every LGBT protection imaginable I would hope the next bills Connecticut enacts are progressive priorities like an increase in the minimum wage and same-day voter registration (and restitution of voting rights for felons after they have served their time).

Now There Are 4: GA Black Gay State Rep Comes Out

Georgia State Representative Rashad Taylor,
comes out at a press conference May 27, 2011

There are now four openly gay, African-American male state elected representatives nationwide. Previously known were Marcus Brandon of North Carolina, Gordon Fox of Rhode Island and Jason Bartlett of Connecticut. State Representative Rashad Taylor of Georgia joined these three on Friday by coming out as gay at a press conference in Atlanta on Friday.

Taylor, 30, came out in order to respond to and refute charges of improper conduct which had been emailed to various state legislators from a jealous former lover of Rashad's current boyfriend. You can watch video of the press conference here.

Georgia Voice reports:

According to the national Victory Fund which works to elect openly gay officials, Taylor is only the sixth openly black LGBT person to serve in a state legislature. State Rep. Bell was the first black lesbian elected to a state legislature in 2009. 

Yesterday and in days prior, a man who is the ex-boyfriend of Taylor's partner sent an email to state legislators outing him and alleging Taylor misused his office by promising men jobs in exchange for sex. Taylor denied those allegations today, but did say the truth is is he is gay. 

"For some it may take two days, for some it take two years or 20 years [to come out]," he said.  

"I serve in public office and try to retain some semblance of a private life. This is a journey I've been on," he said. "i wouldn't want to expedite anyone else's journey. It ought to be a personal decision."

Taylor admitted that if the allegations against him had not been made he would not have come out.

"I would not be standing here today," he said, adding he considered ignoring the allegations.

But now was the time to tell the truth, Taylor added.

"I felt like honestly this was it unless I spoke the truth," Taylor said, saying he didn't want someone to feel like they had something "over his head."

He said before today, he could "count on one hand" the people who knew he was gay. Taylor also said that he came out to his mother and family in the past 24 hours. He thanked his mother for his support and she hugged him warmly after he spoke to the media.

MadProfessah has previously blogged about Simone Bell's election as the first Black lesbian state representative in December 2009. In Maryland, Mary Washington is the other openly lesbian elected state representative in the country. There are 6 openly LGBT, Black elected representatives nationwide.


Hat/tip to Wonder Man.