Prop 8

Decision Day: DOMA and Prop-8 Fall

Defense of Marriage Act is Unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment..

Link to the decision: UNITED STATES v. WINDSOR, EXECUTOR OF THE
ESTATE OF SPYER, ET AL.

From SCOTUSblog:

So does this mean that I’ll be able to file joint taxes with my wife? From Amy: Yes. Perhaps for the first time ever, many people will be eager to file their taxes next April 15.

And Prop 8 fails, too!

Link to the decision: HOLLINGSWORTH ET AL. v. PERRY ET AL.

From SCOTUSblog:

Here’s a Plain English take on Hollingsworth v. Perry, the challenge to the constitutionality of California’s Proposition 8, which bans same-sex marriage: After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case.

And a good analysis of what the end of DOMA means for married gay couples:

The Supreme Court’s decision to invalidate the Defense of Marriage Act means that gay married couples will have access to the federal benefits now enjoyed by other marrieds.

These benefits include tax breaks, Social Security benefits and estate planning advantages that until now were denied gay couples, even if their marriages were recognized under state law.

Among other things, gay marrieds will now be able to:

  • claim Social Security benefits based on a spouse’s working record and qualify for survivor benefits.
    fund an IRA or Roth IRA for a nonworking spouse.
  • split a retirement fund or other assets without triggering tax bills if they divorce.
  • exempt health care benefits for a spouse from their federal income.
  • bequeath their estate to a spouse without triggering potential federal estate taxes.

These gains may come with a cost: as NerdWallet puts it, “federal income tax brackets are in fact easier on high-income individuals than they are on most high-income married couples.” NerdWallet figured that same-sex couples earning more than $146,000 may see their tax bill go up by over $1,000.
One of my gay friends, a financial planner, just posted to her Facebook page that her taxes are likely to go up by several thousand dollars. But she was happy, as she put it, to “take one for the team.”

The Supremes
Thanks, Supremes!

Continue ReadingDecision Day: DOMA and Prop-8 Fall

U.S. District Court Decision: Perry v. Schwarzenegger

The whole document it’s entirety, courtesy of the New York Times. There is some scrumptious reading here; things that just make me giddy with glee.

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”

also:

“Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate.”

and these:

“Moral disapproval alone is an improper basis on which to deny rights to gay men and women.”
“Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions.”

“The sexual orientation of an individual does not determine whether that individual can be a good parent.”

“Gender no longer forms an essential part of marriage; marriage under law is a union of equals.”

“That the majority of California voters supported Proposition 8 is irrelevant, as ‘fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.'”

Heaven.

Continue ReadingU.S. District Court Decision: Perry v. Schwarzenegger

Prop 8 Overturned by Federal Court

According to MSNBC news services:

SAN FRANCISCO — In a major victory for gay rights advocates, a federal judge on Wednesday struck down a California ban on same-sex marriage.

Chief U.S. District Judge Vaughn Walker ruled that the voter-approved ban, known as Proposition 8, violates due process and equal-protection rights under the U.S. Constitution.

…

“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples,” Walker wrote.

The judge added in the conclusion of the 136-page opinion: “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”

His ruling came in response to a lawsuit brought by two same-sex couples and the city of San Francisco seeking to invalidate the law as an unlawful infringement on the civil rights of gay men and lesbians. The landmark case is expected to be appealed and could eventually reach the U.S. Supreme Court.

This is really great news – baby steps, but definitely steps. One day our marriage might actually be recognized in our own country and home state.

Continue ReadingProp 8 Overturned by Federal Court

Mixed emotions

So many reasons to be happy, and yet…

California and Prop 8 is still to close to call. And as the NY Times explains — “Ban-gay-marriage amendments were approved in Arizona and Florida, and gay rights forces suffered a loss in Arkansas, where voters approved a measure banning unmarried couples from serving as adoptive or foster parents. Supporters made clear that gays and lesbians were their main target.” Such a great day for the entire country, but such a crappy day for gay people. Like Charlie Brown on Halloween. Nothing but rocks.

And there’s this other looming thing that I haven’t yet written about — my mom lost her job last week, and is in a pretty dire situation financially. We’re worried about her losing her house. President Obama sounds great. But it won’t immediately fix this problem that has me lying awake at night. So I’m thrilled, but still pretty frantic.

Continue ReadingMixed emotions