“No one should be denied the opportunity to choose his or her spouse. It is a basic human right and deeply personal decision. Throughout history, we have only moved forward when society has distinguished between traditional values and valueless traditions. The Defense of Marriage Act (DOMA) is a valueless tradition that undermines the spirit of love and commitment that couples share and sends the wrong message to society. It is time for its repeal.” Representative Polis, co-sponsor of the Respect for Marriage Act
The freedom to choose whether and whom to marry is a fundamental human right. Being excluded from this right not only deprives same-sex couples of critical legal protections, it also demeans and stigmatizes same-sex relationships and encourages anti-LGBT discrimination. Throughout history, governments have denied the right to marry in order to dehumanize particular groups. Today, the same is true of laws that exclude LGBT people from marriage. While not everyone in our community wishes to marry, everyone deserves the freedom to make this choice. As a community, LGBT people deserve to be treated with equal dignity and respect and to have equal protection of the laws.
NCLR is committed to assuring that LGBT couples who wish to marry are free to do so. As the past few years have dramatically illustrated, the battle to win this freedom will have a lasting impact on the pace and progress of all LGBT civil and human rights in this country—for generations. By demanding fairness and equality for our families, we have changed the terms of the debate and made unprecedented strides. NCLR is at the forefront of this historic fight.
news & opinion
Statement
Federal Judge: Prop 8 Unconstitutional
A Statement from NCLR Executive Director Kate Kendell
08.06.10—Today in Perry v. Schwarzenegger, a federal lawsuit challenging California’s Proposition 8, Judge Vaughn R. Walker of the U.S. District Court in San Francisco ruled that Proposition 8 violates the United States Constitution’s guarantees of due process and equal protection of the laws.
Statement
Federal Judge: DOMA Violates the Constitutional Rights of Same-Sex Married Couples
A Statement from NCLR Legal Director Shannon Minter
07.08.10—Today, in the cases Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health and Human Services, which challenge the constitutionality of the so-called “Defense of Marriage Act” (DOMA), Judge Joseph Tauro of the U.S. District Court for the District of Massachusetts ruled that the denial of federal rights and benefits to lawfully married same-sex couples is unconstitutional.
Statement
Historic Day for Marriage Equality in Mexico City
A Statement from NCLR Executive Director Kate Kendell
of Same-Sex Spouses
03.04.10—Today Mexico City’s marriage equality bill takes effect, granting same-sex couples the rights, responsibilities and protections guaranteed by marriage, in addition to the right to adopt. The bill passed Mexico City’s legislature with a vote of 39-20 on December 21, 2009 and was upheld by Mexico’s highest court, the Supreme Court of Justice of the Nation. Mexico City is the second municipality after Buenos Aires to extend the right to marry to same-sex couples in Latin America.
from the docket
Victory! (California)
Perry v. Schwarzenegger
On May 22, 2009, two same-sex couples filed suit in the U.S. District Court for the Northern District of California, challenging California’s Proposition 8, which amended the California Constitution to prohibit marriage by same-sex couples.
Victory! (California)
In re Marriage Cases
NCLR was lead counsel on behalf of same-sex couples, Equality California, and Our Family Coalition in In re Marriage Cases, the marriage equality case decided favorably by the California Supreme Court on May 15, 2008. This was the first decision to hold that same-sex couples have a fundamental right to marry and that LGBT people are subject to the highest level of protection under the California Constitution. NCLR’s co-counsel in the case were Heller Ehrman White & McAuliffe LLP; Lambda Legal; the ACLU; and the Law Office of David C. Codell.
Victory! (District of Columbia)
Jackson v. D.C. Board of Elections and Ethics
NCLR is a member of the Campaign for All D.C. Families, a diverse coalition working to achieve marriage equality for same-sex couples in the District of Columbia. Since July 6, 2009, D.C. recognizes the marriages of same-sex couples performed in other jurisdictions. On December 15, 2009, the D.C. City Council passed “The Religious Freedom and Civil Marriage Equality Amendment Act of 2009,” which permits same-sex couples to marry.
Respect for Marriage Act (DOMA Repeal Act)
The so-called “Defense of Marriage Act” (DOMA) was enacted in 1996 amid a wave of anti-gay sentiment and discriminates against same-sex couples by purporting to bar any federal recognition of same-sex couples or individuals who are validly married under state law. Under DOMA, the federal government denies married same-sex couples the rights and benefits provided to married heterosexual couples. DOMA also purports to provide states with the authority to refuse to give full faith and credit to the marriages of same-sex couples from other states.
On September 15, 2009, the Respect for Marriage Act was introduced in the House by Congressman Jerrold Nadler (D-NY), Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, Congresswoman Tammy Baldwin (D-WI), and Congressman Jared Polis (D-CO). The bill had 87 co-sponsors.
The bill would repeal both sections 2 and 3 of DOMA. Section 2 creates an exception to the full faith and credit clause for married same-sex couples. The Respect for Marriage Act would eliminate that provision, but it would leave each state free to decide whether to recognize marriages of same-sex couples from other states. Section 3 excludes same-sex spouses from all federal benefits and protections, including Social Security survivor benefits, the right to file joint taxes, and the right to petition for permanent residence for a foreign spouse. The Respect for Marriage Act would require that the federal government treat all married couples equally.