elrhiarhodan: (Flower - Rainbow Flower)
According to this breaking news item in the New York Times, the newly elected Virginia Attorney General, Mark Herring, will not defend that state's gay marriage ban, "concluded the marriage prohibition is unconstitutional." Furthermore, Herring will file a brief supporting challenges of the state's constitutional ban on gay marriage later today.

"After a thorough legal review of the matter, Attorney General Herring has concluded that Virginia's current ban is in violation of the U.S. constitution and he will not defend it," spokesman Michael Kelly wrote.

Herring, a Democrat who campaigned in part on marriage equality, planned to file a brief Thursday morning with the federal court in Norfolk, where one of the lawsuits is being heard, as notification of the state's change in position in the case, Kelly said.

The state's shift comes on the heels of court rulings in which federal judges struck down gay marriage bans in Utah and Oklahoma.

The lawsuits in Virginia say the state's ban violates the Constitution's equal protection and due process clauses.
elrhiarhodan: (Flower - Rainbow Flower)
I'm kind of shaking here...I really thought this day would never happen. After the first decision came down, I was really prepared for a split call.

1 - DOMA - the reviled Defense of Marriage Act that denies legally married same-sex couples the right to receive Federal employment benefits, has been struck down:

"DOMA’s principal effect is to identify and make unequal a subset of state-sanctioned marriages. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment." — JUSTICE ANTHONY M. KENNEDY

2 - The lawsuit brought by the opponants of same-sex marriage to enforce Proposition 8 as been found to be without standing. California can resume its legal obligation to perform same-sex marriages.

In the California case, the court ruled that opponents of same-sex marriage did not have standing to appeal a a lower-court ruling that overturned California’s ban. The Supreme Court’s ruling appears to remove legal obstacles to same-sex couples marrying in the state, but the court did not issue a broad ruling likely to affect other states.
elrhiarhodan: (Rainbow Flower)
Today, the United States Supreme Court is listening to arguments in two cases that will (1) decide the constitutionality of the Defense of Marriage Act and (2) the constitutionality of California's Proposition 8.

There have been numerous articles in the NYT about this, some going to ridiculous lengths to present an opposing view (witness Adam Lipnik's bizarre comparison of these cases to the Roe v. Wade decision). But the best one, by far is this one - In Less Than 50 Years, a Sea Change on Gay Rights.

The article concludes with this quotation from Former Congressman Barney Frank:

In his youth, Mr. Frank said, he realized he was drawn personally to men and professionally to government. He assumed the former would impede the latter.

“At this point,” he concluded, “I think my continued sexual attraction to men is more politically acceptable than my attraction to government.”
elrhiarhodan: (Tim and Matty Hug)
To every Senator and Member of Congress, regardless of party or political standpoint,  who voted to repeal Don't Ask, Don't Tell, thank you. 

Thank you very, very much.


Next up...The Defense of Marriage Act - Public Law No. 104-199, 110 Stat. 2419.  
elrhiarhodan: (Tim and Matty Hug)
To every Senator and Member of Congress, regardless of party or political standpoint,  who voted to repeal Don't Ask, Don't Tell, thank you. 

Thank you very, very much.


Next up...The Defense of Marriage Act - Public Law No. 104-199, 110 Stat. 2419.  

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