Marriage for Same-Sex Couples

What The Windsor Case Means To Me And My Family

By Robert H., Teen Activist Project Member, NYCLU at 12:09pm

What marriage equality has meant to me and my family has changed greatly over our lives. When my parents were born, in the mid-1950s, the idea of ever having an open, public discussion of sexual orientation seemed impossible, and marriage for gay and lesbian couples wasn't even remotely imaginable. Now, in my lifetime and theirs, my parents have gotten married, and it is entirely possible that their marriage will be recognized by our government in the same way that everyone else's is. It's both exciting and dramatic, and I never know whether I believe it will happen.

History Is On the Side of Striking Down DOMA

By Catherine R. Connors, Partner, Pierce Atwood LLP at 2:21pm

Of the many amici briefs filed to support marriage equality, the "Historian" brief, submitted by the American Historical Association along with 23 individual history professors, seeks to provide the proper historical context for the critical questions now facing the Supreme Court. As that brief explains, it is Defense of Marriage Act (DOMA) that is out of whack with our heritage, not the idea that states can recognize LGBT marriages.

Voices Against DOMA: We've Got Friends

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 2:38pm

We're almost there – next week, on March 27, the Supreme Court will hear arguments regarding the constitutionality of the Defense of Marriage Act (DOMA) in Edie Windsor's case. Essentially DOMA requires the federal government to treat legally married same-sex couples differently from all other married couples. In June, the Court will rule on whether DOMA violates equal protection by treating married gay couples as unmarried in over 1,100 federal programs.

Historic Shift in Congress against DOMA Mirrors Shift in Public Opinion in Favor of Marriage for Same-Sex Couples

By Ian S. Thompson, ACLU Washington Legislative Office at 11:24am

On Friday, 212 members of Congress, 172 representatives and 40 senators, filed an historic brief in support of Edie Windsor's challenge to the discriminatory and unconstitutional so-called Defense of Marriage Act's (DOMA) exclusion of married same-sex couples from marriage-based federal responsibilities and rights.

African Americans Are Key to the Success of the LGBT Movement

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 10:16am

This was originally posted on The Huffington Post.

As 2012 draws to a close and I reflect on the historic year that was, one of the things that I am most proud of is the role that African Americans played in helping to bring the freedom to marry for committed and loving same-sex couples to my home state of Maryland.

Businesses Do Not Have a License to Discriminate

By Joshua Block, LGBT Project at 4:24pm

Yesterday, the ACLU and the ACLU of New Mexico filed an amicus brief in Elane Photography, LLC v. Willock, an important antidiscrimination case pending before the New Mexico Supreme Court. Elane Photography is a wedding photography studio that advertises its services to the general public but refuses to take pictures for wedding or commitment ceremonies involving same-sex couples. New Mexico is one of 21 states (plus the District of Columbia) that prohibit businesses who hold themselves out to the general public from discriminating against customers based on their sexual orientation. But Elane Photography argues that the law cannot be applied to its services because – unlike the services provided by a restaurant or retail store – photography is a form of expression and forcing Elane Photography to provide services on an equal basis would therefore unconstitutionally “compel speech.”

What the Supreme Court’s Decision to Hear a Challenge to DOMA Should Mean for Same-Sex Bi-National Couples

By Ian S. Thompson, ACLU Washington Legislative Office at 4:41pm

On Friday, the Supreme Court agreed to hear Edie Windsor’s challenge to the discriminatory, so-called Defense of Marriage Act (DOMA).  Despite the fact that Edie and her late spouse, Thea Spyer, were together for more than four decades and were legally married in Canada in 2007, DOMA required the federal government to treat the couple as legal strangers.  When Thea passed away in 2009, Edie was forced to pay more than $363,000 in federal estate taxes that would have otherwise been zero had she been married to a man.

We're Going to The Supreme Court! The Supreme Court Takes Review of DOMA and Prop 8!

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 12:00am

Today the Prop 8 case (Perry) is being argued before the Supreme Court and tomorrow the ACLU will be there challenging the constitutionality of the Defense of Marriage Act on behalf of Edie Windsor....

At Last, Love and Equality Win the Day

By Kathleen Taylor, ACLU of Washington at 1:50pm

Love and equality won nearly 54 percent of the vote in Washington on November 6th.  In approving Referendum 74, the voters recognized that all committed, loving couples, gay and straight alike, should be able to marry under state law.  And this Sunday, December 9th same-sex couples will get married in homes and courthouses across our state for the first time!   

A Marriage Moment (and Another One to Come)

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 11:56am

The nation has just had a marriage moment – a tipping point where voters in at least two states have affirmed the freedom to marry for same-sex couples.  The vote illustrates that the country is getting squarely behind the notion that same-sex couples should be able to make the same legal commitment to each other that straight folks can.  And this marriage moment provides immeasurable support for the prospect of another one next June, when the Supreme Court is likely to issue its views on marriage for same-sex couples.

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