“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
NCLR Responds to U.S. Supreme Court Oral Argument in Defense of Marriage Act Case
Statement by NCLR Executive Director Kate Kendell, Esq.
3.27.13—Today, the United States Supreme Court heard oral argument in a constitutional challenge to the federal Defense of Marriage Act (DOMA). The Supreme Court heard 50 minutes of argument concerning the Court’s jurisdiction to hear the case and one hour of argument concerning the constitutionality of DOMA.
Statement
NCLR Responds to U.S. Supreme Court Oral Argument in Proposition 8 Case
Statement by NCLR Executive Director Kate Kendell, Esq.
3.26.13—Today, the United States Supreme Court heard oral argument in the constitutional challenge to California’s Proposition 8. The Court heard one hour of arguments from attorneys supporting and opposing the constitutionality of Prop 8.
Press Release
Same-Sex Couples File Lawsuit Seeking the Freedom to Marry in New Mexico
3.21.13—Today, two same-sex couples seeking the freedom to marry filed a lawsuit in Albuquerque’s district court after they applied for and were denied marriage licenses by the Bernalillo County Clerk. The lawsuit claims that the New Mexico marriage statutes and New Mexico Constitution do not bar same-sex couples from marrying, and therefore the State of New Mexico should issue civil marriage licenses to any same-sex couple who applies for one. The couples are represented by the American Civil Liberties Union (ACLU), the ACLU of New Mexico, the National Center for Lesbian Rights (NCLR), the Albuquerque law firm Sutin, Thayer & Browne, APC, and local cooperating attorneys Maureen Sanders, Lynn Perls, and Kate Girard.
Statement
NCLR Responds to U.S. Supreme Court Decision To Take Proposition 8 and Defense of Marriage Act Cases
Statement by NCLR Executive Director Kate Kendell
12.7.12—Today, the United States Supreme Court announced that it will hear the challenge to California’s Proposition 8 and one challenge to the federal Defense of Marriage Act (DOMA).
Statement
NCLR Applauds Denial of En Banc Review of Ninth Circuit Decision Striking Down Proposition 8
Statement by NCLR Executive Director Kate Kendell, Esq.
6.5.12—Today, the Ninth Circuit Court of Appeals denied review by a larger panel of judges of that Court’s February 7, 2012 decision striking down Proposition 8 as unconstitutional. Proposition 8 is the 2008 measure that stripped same-sex couples of the right to marry in California. The Ninth Circuit’s February decision held that Proposition 8 violates the Fourteenth Amendment to the Constitution because it "serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples."
Statement
Federal Court of Appeals Strikes Down Anti-Gay Defense of Marriage Act
Statement by NCLR Legal Director Shannon Minter, Esq.
5.31.12—Today, the United States Court of Appeals for the First Circuit ruled that the so-called Defense of Marriage Act (DOMA) is unconstitutional. The court held that DOMA, which prevents the federal government from recognizing the marriages of same-sex couples even in states where those marriages are valid, violates the U.S. Constitution’s guarantee of equal protection of the laws.
Press Release
Maryland Court Recognizes Out-of-State Marriage of Same-Sex Couple Represented by NCLR and Lambda Legal
5.18.12—The National Center for Lesbian Rights and Lambda Legal applaud a ruling today by the Maryland Court of Appeals, the highest court in the state, granting a divorce to a same-sex couple, Virginia Cowan and Jessica Port, who were married outside of Maryland. The 7-0 unanimous ruling declares that married same-sex couples are entitled to divorce under Maryland law.
from the docket
Victory! (California)
Perry v. Brown
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.