Policy and Legal Update - December 9-15, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
December 9 – 15, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
- On 12 December 2013, U.S. Senator Mike Lee introduced the Marriage and Religious Freedom Act(House #3133, Senate #1808), which would legalize discrimination against LGBT individuals, couples, and their children by governments, businesses, hospitals, and individuals. Lawmakers favoring it include 12 Senators (11 Republicans, 1 Democrat). Based on history, the chance of enactment is 1%. • MEUSA Summary • News Source
LAWSUITS
GEORGIA & TEXAS • On 9 December 2013, GA Army National Guard began to process spouse benefit applications for military personnel with same-gender spouses, leaving MS as the only state still unlawfully denying benefits. • MEUSA Summary • News Source PENNSYLVANIA • On 9 December 2013, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., a couple suing to get PA to recognize their 2005 MA marriage, PA Attorney General Kathleen Kane sought to be dismissed as a defendant because her office was not involved in violating the plaintiffs’ rights. • MEUSA Summary • News Source TEXAS • On 11 December 2013, in Cleopatra De Leon, et al., v. TX Governor Rick Perry et al.,a federal class action lawsuit for all TX couples challenging the 2005 TX constitutional ban on marriage inside and outside TX, the judge agreed to hear the case starting 12 February 2014. • MEUSA Summary • News Source ARKANSAS • On 12 December 2013, in Kendall Wright et al. v. AR Governor Michael Beebe, et al.,11 same-gender couples challenging the 2004 AR constitutional ban on same-gender civil marriage, the state law banning same-gender civil marriage, and the federal law allowing states to ignore same-gender marriages from other states, and also seeking parental rights, birth certificate names, insurance, and other benefits, asked that oher couples be allowed to marry during the suit, and defendants for Faulkner County and AR asked that the suit be dismissed, after which the judge gave no indication of when or how he might rule. • MEUSA Summary • News Source TEXAS & MISSISSIPPI • On 13 December 2013, Defense Secretary Chuck Hagel confirmed that MS had stopped discriminating, and that all 50 states deliver all benefits to same-gender spouses of Army National Guard personnel (active duty, dependents, retired). IN and WV accept applications from and issue cards to everyone, but GA, LA, MS, and TX use only federal workers to enroll applicants and issue ID cards, and FL, OK, and SC moved the equipment to federal property, forcing all couples to travel longer distances. • MEUSA Summary • News Source NEW MEXICO • By 13 December 2013, 60% of NM residents were living in 8 of the 33 counties (Bernalillo, Doña Ana, Grant, Los Alamos, Santa Fe, San Miguel, Taos, Valencia) that were issuing marriage licenses, and over 1,700 same-gender couples had married. Out of 7 NM lawsuits in 2013, 0 were defeats for marriage equality, 3 were victories for equality, and 4 remain pending, 1 of which is about to be decided by the NM Supreme Court. • MEUSA Summary • News Source MICHIGAN • On 13 December 2013, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., in a challenge to the constitutionality of the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the defendants asked that the trial not be split into 2 parts: (1) constitutionality of marriage/adoption laws; and (2) deciding what scrutiny level is required when judging laws that discriminate based on sexual orientation, and asked the court to ignore which level of judicial scrutiny applies to laws that discriminate against same-gender couples. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
NEW JERSEY • On 9 December 2013, the NJ Senate Judiciary Committee began considering S-3109, Marriage Equality Act, a new version which reduces some of the freedom of the current law, which was imposed after a NJ Supreme Court ruling on 21 October 2013, and which is the strongest in the nation. • MEUSA Summary • News Source FLORIDA • On 12 December 2013, the Pensacola City Council approved several important domestic partner rights, joining at least 14 FL cities and counties representing 50% of FL residents. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 9 December 2013, Evansville City Council voted to oppose the proposed state constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source PENNSYLVANIA • On 11 December 2013, the Why Marriage Matters Pennsylvania campaign was launched by Freedom to Marry and ACLU of Pennsylvania. • MEUSA Summary • News Source COLORADO • On 9 December 2013, Public Policy Polling surveyed 928 CO voters (including 355 usual Republican primary voters) about same-gender civil marriage, and reported that 53% favor it, 39% oppose it, with 8% unaccounted for. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
MEUSA Thanks the More than One Million LGBT Service Members and Veterans For Their Service
By MEUSA Military/Veteran Community Liaison Ty Redhouse
Our nation’s LGBT veterans and service members have witnessed much progress in the past year. From the magnificent shift to a post-DADT world to the downfall of the Defense of Marriage Act (DOMA), attention has focused on our men and women presently serving in the Armed Forces. What many in the media overlook are those who have served and who are LGBT.
Following the mainstream press, one could easily conclude there are not many of us out there. If this is the assumption, it is incorrect. In fact, there are more than one million LGBT veterans in the United States and that number keeps growing. It is those individuals who fall through the cracks when the push for equality is highlighted, particularly in the scope of marriage equality.
This historic Veterans Day marks the first time we do not have “Don’t Ask, Don’t Tell” (DADT) and the Defense of Marriage Act (DOMA), both of which severely hindered the progress of American society. In 2011, we saw DADT pass out of the ranks of the military with little to no homage to the fearful predictions of the conservative pundits. There was no mass exodus and our nation’s military continued on in its mission. The only difference; a more open environment and more integrity because we no longer had to hide ourselves to keep our jobs.
Since my honorable discharge from the USAF in 2006, I have come to understand and appreciate the meaning of Veterans Day. With each year that has passed, I have developed an enhanced comprehension of just what we, those who choose to give our lives over to defend the country, put on the line so our families and friends can rest easier.
As a gay veteran, I have seen dramatic changes in the short time DADT has been off the books. My active duty brethren and sistren can now serve openly and proudly. For some that were reinstated, they thrive and serve ever more proudly than before. I felt their happiness but was left wondering what there was for the veterans, the many who either left or were drummed from the ranks under DADT or before.
To date, the Department of Veterans Affairs (VA) has been less than clear regarding their application of post-DOMA federal law. This ambiguity leaves us wondering about a system that has long left us out of the loop. Recently, I went to a medical appointment with my partner at the local VA medical facility. We held hands and did what any other veteran and loved one would do. I was a silent bundle of nerves. As we walked the halls, that weird DADT-era fear came creeping back in. This fear made me realize that there is still a lot of work to be done. If that fear still resided in me after all that has happened in favor of our LGBT community, it must be so for the many who are not yet comfortable coming out to their VA providers.
The presence of LGBT-friendly resources for LGBT veterans is more vital than before, especially since DADT and DOMA have been rescinded. As Marriage Equality USA’s (MEUSA) Military/Veteran Community Liaison, it has been one of my duties to ensure there is access to those resources. Here are a few:
- American Military Partners Association (AMPA): The nation’s premier resource and support network for LGBT military partners, spouses and their families. Founded by the partners of active duty servicemembers, AMPA has grown to nearly 4,000 members with thousands more supporters and is proud to be leading the effort to connect, support, honor, and serve our modern military families.
- American Veterans for Equal Rights (AVER): A non-profit, non-partisan, chapter-based Veterans Service Organization of active, reserve, and veteran service members dedicated to full and equal rights and equitable treatment for all present and former members of the U.S. Armed Forces, especially the LGBT current and prior military personnel who have been historically disenfranchised by armed forces policy and discriminatory laws governing military service and benefits.
- OutServe/SLDN: A non-partisan association of actively serving LGBT military personnel offering legal services and acting as a watchdog and policy organization dedicated to bringing about full LGBT equality to America's military and ending all forms of discrimination and harassment of military personnel on the basis of sexual orientation and gender identity.
- Service members, Partners, Allies for Respect and Tolerance for All (SPARTA): The mission of this organization is to advocate for and support our actively serving LGBT military members and veterans and their families while working to ensure the military provides equal opportunity for all service members regardless of race, national origin, religion, sex, sexual orientation and gender identity.
Guest Post: Marriage Equality and Veteran Spousal Benefits
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Boyce Hinman[/caption]
Authored by Boyce Hinman, founder and director of the California Communities United Institute, and member of Marriage Equality USA. Hinman has been writing and posting a series, "Monday Morning Marriage Memo," as part of his Anatomy for Justice blog. This article was first published there, and is republished here with the author’s permission. Hinman resides in and serves California, therefore the posts sometimes have a California slant.
NOTE: Marriage Equality USA is not a legal firm or a tax/accounting firm. No action should be taken based solely on the content of our news blog or website.
The spouses and children of veterans (or active service members in some circumstances) qualify for certain education and housing benefits. And, now that DOMA has been overturned, the same sex spouses of veterans qualify for those benefits.
Note: I am not an attorney or a qualified tax expert. No action should be taken based solely on the content of these memos. However, I hope the memos will help you ask the right questions of people who are qualified in these issues.
Under current law, veterans qualify for a number of benefits which relate to getting a college education or other training for work. Under certain circumstances, those benefits may be transferred to, and used by, their spouses and children.
The benefits are as follows:

- College tuition and fee payments paid to the school on the student’s behalf.
- A monthly housing allowance.
- A books and supplies stipend of up to $1,000 per year.