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A Double-Victory Against DOMA
June 4, 2012
By Matt Baume
Another major blow to the Defense of Marriage Act, and twenty-five couples sue for marriage in Illinois. Strong poll numbers in Washington as we get closer to a vote on marriage equality, but our lead in Maryland is just eight points. And Australia’s most populous state takes a stand for gay and lesbian families.
The top story this week is a huge ruling in Boston. The First Circuit Court of Appeals has upheld a ruling that the federal Defense of Marriage Act is unconstitutional. The unanimous opinion, written by a Republican-appointed judge, found no adequate justification for the anti-gay law. Now that ruling may be revisited at the First Circuit, or at the Supreme Court of the United States. We’ll find out more about the next steps in the case in the coming weeks.
This comes on the heels of a ruling a week earlier in California that also found DOMA to violate the Constitution.
And litigation over marriage continues to expand, with Lambda Legal and the ACLU filing a new lawsuit in Illinois. The plaintiffs are 25 couples who were denied marriage licenses. And although Illinois has civil unions, the lawsuit claims that the state constitution requires that all couples — gay, lesbian, and straight — have equal access to marriage. In fact, a new report from Equality Illinois documents that couples with civil unions have had ongoing problems filing their taxes, getting health care, and adopting.
Across the country in Washington, a new poll shows significant progress. Fifty-four percent of voters approve of that state’s new marriage equality law, with only 33 percent opposed. This represents a significant shift from the last poll in February, when the law was supported by 50% of voters and opposed by 46. Before the law can go into effect, voters will need to weigh in this November.
Maryland will face a similar referendum on its new marriage equality law. This week anti-equality activists submitted enough signatures to place the measure on the November ballot. Polling in Maryland is encouraging, with an April survey showing 51% supporting equality to 43 against. But that’s a margin of just eight points, which could easily change.
And finally this week, Australia made some progress on marriage. A legislative council in New South Wales passed a motion to support marriage equality by 22 to 16. New South Wales is Australia’s most populous state. Meanwhile, two competing marriage equality bills continue to work their way through Parliament.
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12 Comments Leave a Comment
1.
Derek Williams | June 4, 2012 at 4:50 pm
Correction re Australia: it's "The Legislative Council', the formal title for the upper house in New South Wales' bicameral state parliament, as distinct from the generic "a legislative council" mentioned above.
2.
Reformed | June 4, 2012 at 5:23 pm
One of NOMs regular posters just said that Starbucks hates children. He got called out on it by another poster who is evidently sympathetic to NOM's cause, and had to back track admitting that many of his posts are "unreasonable". The ensuing rambling boggles the mind. . . The one who calls himself "goodnews".
3.
Mike | June 4, 2012 at 6:11 pm
Directly from the May 24 PPP poll result announcement (notice the polling mentioned above for Maryland shows a result of 51% to 43% is from 'April'?):
"-57% of Maryland voters say they’re likely to vote for the new marriage law this fall,
compared to only 37% who are opposed."
(http://www.publicpolicypolling.com/pdf/2011/MarylandPollingMemo.pdf)
Two factors:
The 'April' poll was done prior to the announcement by President Obama that he was in favor of same sex marriage; and
The 'April' poll was done prior to the vote by the NAACP to support same sex marriage.
BTW – who did the April polling? In one respect, though, you are correct: Poll results "could easily change."
I live in Maryland (and have done so for the last almost 40 years), and as a result, I try to keep up with the news (including today's news that the majority [to the tune of more than 2/3rds] of the funds for gathering signatures to put the legislation to a referendum came from NOM, and came from out of state.
4.
Rick | June 4, 2012 at 6:14 pm
Slightly off topic, but another example of marriage inequality in action. The Lancaster (PA) Newspaper refuses to publish a same-sex engagement announcement. A Change.org petition has been started. Please consider signing it. Thanks!
http://www.change.org/petitions/lancaster-newspap…
5.
Derek Williams | June 4, 2012 at 6:23 pm
The petition is closed, and the headline now says this policy has been reversed.
6.
Sam | June 4, 2012 at 7:35 pm
In other news, isn't BLAG's Golinski opening brief in the 9th Circuit due today? The 9th Circ. left its scheduling order intact when it denied the en banc request.
7.
DonG90806 | June 4, 2012 at 10:42 pm
I had it on my calendar for today also. I wonder what happened?
8.
Rusty | June 5, 2012 at 4:38 am
i read the NOM blog but they won't let me post.. it really is full of some crazy people.. its the same dozen posters that talk in circles. i hope they are not breeding n raising kids.
9.
rick | June 5, 2012 at 5:04 am
While the petition is now closed, unfortunately, the policy has not been reversed. (The headline was more in the form of a command" "Reverse the Policy.")
10.
Kathleen | June 5, 2012 at 9:05 am
Here you go. BLAG opening brief in Golinski http://www.scribd.com/doc/96033400/30
11.
Rick | June 5, 2012 at 11:22 am
Update: The Lancaster (PA) Newspaper has indeed changed its policy and will now publish same-sex engagement and wedding announcements! This may seem like a minor matter, but not so in this very conservative community. Just amazing!
http://lancasteronline.com/article/local/662042_L…
12.
Malisa | June 5, 2012 at 11:51 am
<img src=http://www.mobilediscount.info/ikea/sso.jpg>Australia has been more progressive on this front than american peers. <img src=http://www.mobilediscount.info/xbox/xss.jpg>
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