Written by Instinct Staff | Thursday, 18 October 2012
Tags: doma, defense of marriage act, edie windsor, edith windsor, thea spyer, estate tax, same-sex marriage, federal appeals court, second circuit court, unconstitutional, new york
The U.S. Court of Appeals for the Second Circuit ruled today that the Defense of Marriage Act (DOMA) unconstitutionally discriminates against married same-sex couples.
The case was brought to the court by Edith "Edie" Windsor. Windsor's wife, Thea Spyer, died in 2009 and she left all of her property to her spouse. While deceased spouse's estate typically would go to the surviving spouse without any estate tax, DOMA prevents the federal government from recognizing the state-recognized legal marriages of same-sex couples.
Windsor had to pay $363,000 in federal estate taxes as a result. More after the jump.
FULL STORY
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Written by Instinct Staff | Wednesday, 01 August 2012
Tags: doma, defense of marriage act, rep. kevin mccarthy, house republicans, bipartisan legal advisory group, blag, nancy pelosi, unconstitutional
With five consecutive federal court losses to their credit in DOMA cases, we're really curious as to why House Republicans, who control the Bipartisan Legal Advisory Group, continue to spend taxpayer money on legislation that appears to be both on its way out and unconstitutional.
House Majority Whip Kevin McCarthy has a simple answer: it's their duty.
He elaborates after the jump.
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Written by Instinct Staff | Wednesday, 11 July 2012
Tags: nancy pelosi, house democrats, house bipartisan legal advisory group, doma, unconstitutional, democratic members brief, karen golinski, golinski v. opm
Many House Democrats are eager to distance themselves from their anti-gay congressional colleagues.
A large majority of House Dems joined House Minority Leader Nancy Pelosi in submitting what's being described as "the Democratic Members' brief."
The brief, submitted to the California federal appeals court, conveys the Democratic party's support for Karen Golinski in her lawsuit challenging the constitutionality of the Defense of Marriage Act.
More after the jump. FULL STORY
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Written by Instinct Staff | Tuesday, 03 July 2012
Tags: same-sex marriage ban, illinois, cook county, thomas more society, kerry hirtzel, christie webb, anita alvarez, lisa madigan, unconstitutional, marriage equality
Two county clerks in Illinois have been given the green-light to defend Illinois' same-sex marriage ban against a lawsuit filed in the state's Cook County by 25 same-sex couples.
Cook County State's Attorny Anita Alvarez and Attorney General Lisa Madigan have refused to defend the same-sex marriage ban, citing their belief that it is in violation of the Illinois constitution. (This is similar to the Obama administration refusing to defend DOMA, based on their belief that it violate the US constitution.)
More after the jump. FULL STORY
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Written by Instinct Staff | Wednesday, 06 June 2012
Tags: doma, defense of marriage act, edie windsor, thea spyer, john boehner, paul clement, federal judge, doma unconstitutional, estate tax, lesbians
Is the average American tax payer aware that Republican Speaker of the House John Boehner keeps using their tax dollars to pay independent lawyers to defend the Defense of Marriage Act (after the Obama administration refused to), even though they lose EVERY TIME DOMA is brought under judicial review?
The mind boggles.
Anyway, DOMA has once again been ruled unconstitutional by a federal judge, this time in the case of Edie Windsor who was forced to pay a $353,053 estate tax bill after the death of her wife.
If her marriage had been recognized by the federal government the tax would not have applied, hence showing the discriminatory aspects of DOMA. More after the jump! FULL STORY
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Written by Instinct Staff | Friday, 01 June 2012
Tags: richard socarides, new yorker, first circuit, u.s. court of appeals, doma, ruling, unconstitutional, supreme court, olson, boies, same sex, gay
Richard Socarides, the former White House aide from the Clinton years, explains the importance of Thursday's "Defense of Marriage Act" ruling by the 1st Circuit Court of Appeals.
So, what does Richard have to say about the Court finding the heart of DOMA unconstitutional?
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Written by Instinct Staff | Thursday, 31 May 2012
Tags: first u.s. circuit, court of appeals, rules, defense of marriage act, doma, unconstitutional, marriage equality, same sex, gay, civil rights, lgbt
Updated 1:30 p.m. EST
More details and responses from the country's top LGBT organizations have trickled in following today's historic unanimous ruling by a federal appellate court against the "Defense of Marriage Act."
FULL STORY
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Written by Instinct Staff | Friday, 25 May 2012
Tags: second, federal judge, claudia wilken, u.s., district, oakland, california, marriage equality, defense of marriage act, doma, unconstitutional, rules, finds
Another day, another federal judge in California has declared found the "Defense of Marriage Act" to be unconstitutional. Details follow.
FULL STORY
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