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SLDN files for summary judgment in Massachusetts DOMA case
November 25, 2011
DOMA trials Gill/Massachusetts
By Jacob Combs
Hi P8TTers–I hope your Thanksgivings were restful and filled with family. Earlier this week, there was an update in a lawsuit filed by the Servicemembers Legal Defense Network (SLDN) in October called McLaughlin v. Panetta, and I thought I’d write a little about the development and why it’s so important.
SLDN, you’ll remember, was one of the organizations that pushed hardest for repeal of Don’t Ask, Don’t Tell. Now that DADT is dead and gays and lesbians can serve openly in the U.S. Armed Forces, SLDN filed a follow-up lawsuit in a federal court in Boston on behalf of eight plaintiffs who are legally married, but prohibited by DOMA from obtaining many of the benefits that heterosexual military couples enjoy, including on-base housing, health care, survivor benefits, and burial rights at national cemeteries.
On Monday, SLDN filed a brief for summary judgment in the case, arguing that DOMA’s prohibition on spousal rights for same-sex military couples violates both the Due Process clause of the Fifth Amendment and the limitations of congressional authority laid out in the Tenth Amendment. In filing for summary judgment (which is when a court decides a case without hearing a full trial), SLDN argues that the U.S. government has made no objection to the facts laid out in the case, and thus it can be decided without further hearings. None of the government defendants–Attorney General Eric Holder, Defense Secretary Leon Panetta and Veterans Affairs Secretary Eric Shinseki–have filed any defense in the case. BLAG, the Bipartisan Legal Advisory Group (which voted on party lines to defend DOMA in court after the Obama Administration declared the law unconstitutional and declined to continue defending it in February), filed a brief earlier this November informing the court that it would seek to intervene in the case if the official defendants do not defend DOMA.
In a delicious turn of events, many of the arguments SLDN uses in its brief are borrowed in part from politicians who supported DADT and argued to continue the discriminatory policy when it was repealed late last year. As SLDN’s brief puts it:
Any claim that DOMA, as applied to military spousal benefits, survives rational basis review is strained because paying unequal benefits to service members runs directly counter to the military values of uniformity, fairness and unit cohesion. While there was once a debate as to whether gay and lesbian service members should be allowed to serve openly in the armed forces — just as there were similar debates regarding integrating the military by race and then by gender — there never has been any debate as to whether similarly situated service members who do the same work deserve the same benefits.
Although it has taken us almost a year to get here, this lawsuit shows just how important repealing DADT was. In fact, many in our community (myself included) saw DADT repeal as the first domino to fall in achieving full federal equality. It is clearly unconstitutional and discriminatory for our nation’s military, an institution based on the values of fairness and equality, to treat lawfully married same-sex couples differently from their opposite-sex counterparts.
To put it simply, DOMA is hanging by a thread: it cannot and has not withstood constitutional scrutiny in a court of law. SLDN’s lawsuit may not be the one that ends up striking down DOMA for good–last year’s companion cases Gill v. OPM and Massachusetts v. HHS, in which Judge Joseph Tauro, a Nixon appointee, struck down the law as unconstitutional, are already in the U.S. Court of Appeals for the First Circuit, and will likely make it to the Supreme Court before SLDN’s suit. (Incidentally, the SLDN lawsuit was originally assigned to Judge Tauro, but later reassigned to a different judge.)
As I sat on the porch yesterday waiting while the turkey cooked and writing this post, I was struck by an opinion piece brought to us by Sagesse in Quick Hits. Written by Jim Toevs, the piece points out that the repeal of DADT is something for every member of the LGBT community to be thankful for this year. I couldn’t agree more. SLDN’s lawsuit shows just how important it is to strive for equality in all aspects–whether it be in terms of marriage, military service or even employment. Our victories are not isolated, but rather build upon each other, and each step we take moves us closer to a country where we can be thankful that we enjoy the rights all citizens deserve.
Having technical problems? E-mail equalityontrial AT couragecampaign DOT org for assistance!
21 Comments Leave a Comment
1.
karen in kalifornia | November 25, 2011 at 10:27 am
Excellent.
2.
Mackenzie | November 25, 2011 at 10:42 am
I have been off this topic for a while so am still ignorant to parts of what is going on with DOMA in court….do we know when the 1st circuit appeals is to take up the earlier two cases?
3.
Ann S. | November 25, 2011 at 11:02 am
§
4.
James UK | November 25, 2011 at 11:03 am
I read this earlier in the week and I thought that it was a very effective brief.
The thing that interested me most was the argument that DOMA was a act of attainder and therefore de facto unconstitutional. I wonder what other people thought of that.
Also check out a new video for Marriage Equality from Australia: http://youtu.be/_TBd-UCwVAY
It wasn't I think designed for TV – it is almost 2 minutes long – but I think it's better than many I've seen from elsewhere.
5.
Seth from Maryland | November 25, 2011 at 11:55 am
thats probally the BEST marriage equality ad i have ever seen, Marriage Equality Australia is doing a really good campain right now, i hope here in Maryland we can have really effctive ads like that too lol
6.
Ronnie | November 25, 2011 at 12:59 pm
Subscribing & sharing……….
- Bullying Tales: In Your Own Words, Part 4: http://www.advocate.com/Youth/Bullying_Tales_In_Y…
- Kevin Keller, Gay Archie Character, Gets Married In January Issue: http://www.huffingtonpost.com/2011/11/25/kevin-ke…
- A Mother And Son Stand Up to Bullying: http://www.advocate.com/News/Daily_News/2011/11/2…
"Zach Huston loves to run. Still, the track coaches at Unioto High School in Chillicothe, Ohio probably don't know that because he's too worried what his peers might do if he were to join the track team.
Huston, a freshman at the school, was the subject of a beating, caught on video that went viral online. He says that without the October 17 attack being filmed, faculty and administrators would have taken little action against his assailant. In fact, Huston says his classmates have taunted him since the third grade, with little done to stop or prevent it."……………..
"Collins said her strong bond with Huston and his siblings have helped their family cope with tough issues before.
"If you're not in tune with your child, and you can't tell that something's going on with them, that's when you end up with suicide," she said. "They're still children. If you're a good parent, you're going to raise good kids. My kids come to me for some silly reasons, but you talk to them, and you help them in any way you can."
After the incident, Huston walks the halls every day and endures taunts from classmates, some of whom have also filed bullying reports against him. Collins said she saves all of the Facebook comments that she and her son receive from naysayers and others who threaten them. While he has found allies in some like his assistant principal, Huston said other students still get picked on just for being different. Huston's assistant principal has been talking about starting a Gay-Straight Alliance, which seems to Huston like a step in the right direction. Until then, Huston plans to walk from class to class with his head held high.
"You can't just give into people's expectations," Huston said. "You've got to be yourself. What doesn't kill you makes you stronger."
- & "THIS IS A MOVEMENT" ……<3…Ronnie:
[youtube M4CL3-_ZNW8&feature=youtu.be http://www.youtube.com/watch?v=M4CL3-_ZNW8&feature=youtu.be youtube]
7.
sfbob | November 25, 2011 at 2:07 pm
The brief is well worth reading.
8.
Seth from Maryland | November 25, 2011 at 2:07 pm
wow, i just watched the video to see how many views it had,128,934 after only one day
9.
Leo | November 25, 2011 at 2:32 pm
What is likely to happen with this case procedurally? For example, could it be stayed pending Gill/Massachusetts appeals? Decided on its own and then its inevitable appeal consolidated with Gill? If the latter, would it delay the Gill appeal?
10.
Sam | November 25, 2011 at 3:04 pm
Good question….my guess is that Gill will be decided by the 1st Circuit before this case is decided by the District Court, in which case the District Court would in large part be bound by the Circuit's reasoning on DOMA.
11.
Sam | November 25, 2011 at 3:10 pm
Just to add on….it's likely that by the time Gill is decided by the 1st Circuit, we'll have a bunch of DOMA cases decided, popping up in different District Courts–we should expect Windsor, Pedersen, Golinski, etc, all in the next few months. But while (hopefully) those will be helpful, I think those cases' main purpose will be to hurry the need for Supreme Court review of Gill, since these cases are all in different circuits.
12.
Leo | November 25, 2011 at 3:14 pm
Well, but whatever the Gill panel decides will be appealed to en banc 1st Circuit and/or SCOTUS, so it won't be final yet. Would it already be binding on the District Court?
13.
Thark | November 25, 2011 at 4:56 pm
DEAR DOMA:
REST IN PIECES.
YOU DESERVE IT.
14.
Stevie | November 25, 2011 at 7:58 pm
I know it was posted in an earlier thread but had to re-post here, amazing video. More videos like this need to be used in the USA, just use this one!
http://www.youtube.com/watch?v=_TBd-UCwVAY&fe…
15.
_BK_ | November 25, 2011 at 11:43 pm
My god, this is awesome! I wish it *was* on TV! Thanks, James, this is great. Can't wait to send it to my friends.
16.
Kalbo | November 26, 2011 at 1:35 am
We need a campaign like this! This just brought tears to my eyes!
[youtube _TBd-UCwVAY http://www.youtube.com/watch?v=_TBd-UCwVAY youtube]
17.
Kalbo | November 26, 2011 at 1:37 am
Ah, scanned the comments for the video thumbnail to see if someone posted this video already, then just saw your link after I embedded in my comment …
^_^
18.
Sagesse | November 26, 2011 at 5:01 am
473,785 views at 8 am EST on Saturday.
19.
JonT | November 26, 2011 at 6:25 am
Agreed – the best one I've seen so far.
20.
Rich | November 26, 2011 at 6:55 am
Just fantastic…I had goosebumps. Hopefully, this will go viral.
21.
RWG | November 27, 2011 at 4:35 pm
I just read the SLDN brief. The point of law in Section IV is a KILLER! We've finally got the bigots by the balls. I think it highly unlikely they'll find a way to keep DOMA alive after this brief works it magic on the case.
Well done SLDN!
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