Gay Rights

The Battle Over Gay Marriage Set To Go Nationwide

Jillian Rayfield | January 5, 2012, 5:51AM

Washington is the latest state to start up a battle for marriage equality, in a year that was already going to be full of major fights for gay rights.

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DOMA

Boehner Triples Possible DOMA Legal Tab To $1.5 Million

Ryan J. Reilly | October 4, 2011, 1:50PM

Speaker of the House John Boehner (R-OH)

House Republican leaders have tripled the amount allocated for a legal team arguing in support of the Defense of Marriage Act (DOMA) from $500,000 to $1.5 million of taxpayer money.

A modified contract between the General Counsel to the House of Representatives and former Solicitor General Paul Clement of Bancroft PLLC sets a cap of $750,000 which can be raised up to $1.5 million.

"It is absolutely unconscionable that Speaker Boehner is tripling the cost for his legal boondoggle to defend the indefensible Defense of Marriage Act," Drew Hammill, a spokesman for Democratic Leader Nancy Pelosi, said in a statement.

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Jerrold Nadler

Ros-Lehtinen First GOPer To Sponsor Bill Repealing DOMA

Ryan J. Reilly | September 23, 2011, 9:07AM

Rep. Ileana Ros-Lehtinen (R-FL)

Ileana Ros-Lehtinen (R-FL) on Friday became the first Republican cosponsor of the Respect for Marriage Act, a bill which would repeal the federal Defense of Marriage Act (DOMA).

"I voted against the constitutional amendment defining marriage so I'm pleased to co-sponsor the repeal of DOMA and work with my colleagues on marriage equality," Ros-Lehtinen said in a statement released by Rep. Jerrold Nadler (D-NY).

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DOMA

Study Author To Boehner's DOMA Defense Team: You Know Nothing Of My Work

Ryan J. Reilly | August 23, 2011, 8:51AM

House Speaker John Boehner (R-OH) and former United States Solicitor General Paul Clement

A University of Utah professor who specializes in the study of affectional bonds and same-sex sexuality is accusing House Speaker John Boehner's legal team of distorting her research.

Professor Lisa A. Diamond, whose work was cited by the legal team arguing on behalf of the U.S. House of Representatives that the Defense of Marriage Act is constitutional, filed a declaration in federal court stating that the legal team "misconstrues and distorts my research findings, which do not support the propositions for which BLAG cites them."

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John Boehner

Boehner Legal Team: It Doesn't Matter If Science Says Being Gay Isn't A Choice

Ryan J. Reilly | August 3, 2011, 2:30PM

House Speaker John Boehner (R-OH) and former United States Solicitor General Paul Clement

Remember a few months ago how John Boehner decided to step in to keep the Defense of Marriage Act in place after the Justice Department decided it was discriminatory? Well the legal team Boehner hired to defend the law has a few interesting things to say about gays and lesbians.

A briefing submitted on Monday by Paul Clement on behalf of the Bipartisan Legal Advisory Group of the House of Representatives notes that "gays and lesbians have achieved and continue to achieve substantial political success." In sum, he argues that there hasn't been enough of a history of discrimination against gays and lesbians because most were in the closet throughout so much of history.

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DOMA

Emotional Testimony From Gay Partners At Senate Hearing On Repealing DOMA (VIDEO)

Ryan J. Reilly | July 20, 2011, 7:05PM

The day after President Barack Obama threw his support behind repealing the Defense of Marriage Act (DOMA), the 1996 law preventing the federal government from recognizing same-sex marriages, the Senate Judiciary Committee held a hearing on the issue featuring emotional testimony from people who have been harmed by the law.

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DOMA

Al Franken Pokes Fun At Focus On The Family Mischaracterizing Study At DOMA Hearing (VIDEO)

Ryan J. Reilly | July 20, 2011, 12:31PM

Sen. Al Franken (D-MN)

Sen. Al Franken (D-MN) took on a representative of the conservative group Focus on the Family for mischaracterizing a study on "nuclear families" at a hearing on a bill which would repeal the Defense of Marriage Act (DOMA).

[TPM SLIDESHOW: NYC Celebrates After Marriage Equality Passes The State Senate]

At a Senate Judiciary Committee hearing Wednesday, Sen. Franken noted that the group's testimony listed the benefits of children "living with their biological and/or adopted mothers and fathers" as surpassing those of children "living in any other family form." He observed they listed a Department of Health and Human Services study as backing that up.

"I actually checked it out," Franken said in reference to the study FOF's Thomas Minnery has cited. He then observed it uses the term "nuclear families" without specifically mentioning "opposite sex married families."

"Isn't it true, Mr. Minnery, that a married same-sex couple that has had or adopted kids would fall under the definition of a nuclear family in the study that you cite?" Franken asked.

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DOMA

National Review Contributor Calls Polygamous Unions A 'Current Project Of The Left'

Ryan J. Reilly | July 20, 2011, 12:20PM

Ed Whelan, president of the conservative Ethics and Public Policy Center, claimed at a hearing on the repeal of the Defense of Marriage Act (DOMA) Wednesday that "the left" was currently working to make polygamous and polyamorous unions legal.

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Patrick Leahy

Patrick Leahy To Hold Hearing On DOMA Repeal

Jillian Rayfield | July 7, 2011, 6:11PM

Sen. Patrick Leahy (D-VT)

Sen. Patrick Leahy (D-VT) is planning to hold a hearing on repealing the Defense of Marriage Act "in the coming weeks."

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DOMA

Court Orders Immediate Repeal Of 'Don't Ask, Don't Tell'

Jillian Rayfield | July 6, 2011, 5:01PM

The Ninth Circuit Court of Appeals on Wednesday ordered the federal government to stop enforcing "Don't Ask, Don't Tell," the military's policy of discharging openly gay servicemen and women, citing the government's recent opposition to policies that discriminate based on sexuality.

A lower court judge had ruled in October that DADT is unconstitutional, but after the government appealed, the Ninth Circuit granted a stay of eliminating the policy until it could rule. On Wednesday the panel lifted the stay.

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Paul Clement

Law Firm Says 'Unfortunate Misunderstanding' Led To DOMA Reversal

Ryan J. Reilly | May 12, 2011, 12:20PM

The head of the Washington office of the law firm that backed out of an agreement to defend the Defense of Marriage Act (DOMA) on behalf of House Republicans is offering new details on the firm's high-profile reversal.

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DOMA

NRA Drops Law Firm For Backing Out Of DOMA Defense

Ryan J. Reilly | May 2, 2011, 1:45PM

The National Rifle Association is dropping the law firm King & Spalding as an outside counsel due to its decision to withdraw from representing House Republicans in support of the Defense of Marriage Act (DOMA).

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Eric Holder

Holder Defends Clement; Compares Attacks Over DOMA Defense To Smears Of Gitmo Attorneys

Ryan J. Reilly | April 26, 2011, 4:52PM

Attorney Gen. Eric Holder and Paul Clement

While he believes the Defense of Marriage Act (DOMA) is unconstitutional, Attorney General Eric Holder is defending former Solicitor General Paul Clement's decision to leave a prominent law firm over its decision to abandon its agreement to defend the statute in court on behalf of the Republican-controlled House of Representatives.

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DOMA

Conservative Lawyer Resigns After Law Firm Drops DOMA Defense

Ryan J. Reilly | April 25, 2011, 11:20AM

In a major setback for opponents of same-sex marriage, the law firm of King and Spalding is withdrawing from its agreement the House Republican leadership to defend the Defense of Marriage Act (DOMA) in court.

The motion to withdraw was filed in federal court on Monday by Richard A. Cirillo on behalf of King and Spalding, as first noted by the Huffington Post's Amanda Terkel. Former Solicitor General Paul Clement, who headed up King & Spalding's appellate practice, had been set to defend DOMA on behalf of House Republican leadership after the Justice Department said it would not defend the 1996 law because it determined provisions of the law were unconstitutional.

Clement submitted his resignation letter to King and Spalding on Monday morning. He will continue to represent the House, according to House Speaker John Boehner's office.

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DOMA

Lamar Smith Says Founding Fathers Didn't Want Gay Marriage

Ryan J. Reilly | April 18, 2011, 10:13AM

Rep. Lamar Smith (R-TX)

In yet another instance of House Republicans focusing on social rather than fiscal issues, a subcommittee of the House Judiciary Committee on Friday held a hearing examining the Obama administration's decision not the defend the Defense of Marriage Act (DOMA) in court because they found a provision of the law unconstitutional.

Several Republicans including Rep. Lamar Smith (R-TX), chairman of the House Judiciary Committee, bashed the Justice Department's decision not to defend the law. House Speaker John Boehner (R-OH) said last month that Congress would hire counsel to defend DOMA itself following a party line vote of the Bipartisan Legal Advisory Council.

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DOMA

Immigration Officials End Hold On Deporting Bi-National Same-Sex Couples

Jillian Rayfield | March 30, 2011, 3:55PM

The U.S. Citizen and Immigration Service has ended its hold on deporting foreign-born partners in same-sex marriages who would otherwise be eligible for a green card, citing "guidance" they had received over how to handle cases that might be affected by the Department of Justice's decision to no longer defend the Defense of Marriage Act.

"The guidance we were awaiting ... was received last night, so the hold is over, so we're back to adjudicating cases as we always have," Christopher Bentley, press secretary for the U.S. Citizenship and Immigration Services told the Metro Weekly Wednesday.

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DOMA

Some Deportations Of Bi-National Same-Sex Couples Put On Hold

Jillian Rayfield | March 28, 2011, 6:31PM

The U.S. Citizen and Immigration Service confirmed Monday that it has temporarily put some deportations of partners in same-sex marriages on hold if they could be affected by the recent Department of Justice decision to no longer defend the Defense of Marriage Act.

Chris Bentley, Press Secretary for the USCIS said in a statement: "USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct legal issues."

DOMA forbids the government from recognizing and granting the same rights to same-sex couples, so foreign-born partners in same-sex marriages who would otherwise be eligible for green cards frequently get deported.

The DOJ announced last month that part of DOMA is unconstitutional and it would no longer defend it in court.

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Sarah Palin

Palin Tells Anti-Gay Group Obama 'Flip-Flopped' On DOMA

Ryan J. Reilly | March 1, 2011, 5:00PM

A week after the Obama administration announced it believed part of the Defense of Marriage Act (DOMA) was unconstitutional and said it would no longer defend the law in court, former half-term Gov. Sarah Palin is out with a statement that slams (surprise!) President Barack Obama for the decision.

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DOMA

What's Next In The Battle Over DOMA

Ryan J. Reilly | March 1, 2011, 9:01AM

The Justice Department's decision not to defend the Defense of Marriage Act in court has sent anti-gay marriage groups into a fundraising frenzy and forced House Speaker John Boehner (R-OH) into the uncomfortable position of either defending a law that many agree will be found unconstitutional or put a social issue front-and-center (after he vowed to focus on fiscal issues).

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Defense of Marriage Act

GLAD Lawyer Expects Members Of Congress To Defend DOMA In Court

Ryan J. Reilly | February 23, 2011, 5:00PM

President Barack Obama and GLAD Executive Director Lee Swislow

The big question following the Obama administration's announcement that it would not argue in support of the Defense of Marriage Act is whether Congress (or individual members of the House or Senate) would step in to defend the law themselves.

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Defense of Marriage Act

As DOJ Declines To Defend DOMA, Congress Could Step In

Ryan J. Reilly | February 23, 2011, 3:30PM

President Barack Obama and Attorney General Eric Holder

After walking the line on the issue of same sex marriage for most of his time in office, President Barack Obama's administration was forced to take a stand -- thanks to two court cases challenging the constitutionality of the Defense of Marriage Act filed in a judicial district without precedent on the issue.

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