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Equality news round-up: VA legislature confirms gay judge, and more
By Scottie Thomaston 
- Virginia legislature confirms its first gay judge, after first rejecting him.
- Former Rep. Barney Frank on the LGBT contractors executive order.
- European court rules that religion can’t justify anti-gay discrimination.
- Ari Ezra Waldman has posted the last post in his series on the Prop 8 and DOMA cases.
- Fort Bragg does not allow same-sex spouses in their spouses’ club. The Pentagon has backed them up on their decision.
- Immigration Equality organized a visit to Senator Chuck Schumer’s office with 12 same-sex binational couples to urge him to make immigration reform LGBT-inclusive.
- Defense Secretary nominee Chuck Hagel committed to extend benefits for gays and lesbians in the military.
Leave a Comment January 16, 2013
Equality news round-up: the ‘standing’ questions in Prop 8 and DOMA, and more
By Scottie Thomaston 
- Ari Ezra Waldman discusses the ‘standing’ issues that the Supreme Court will decide in the Prop 8 and DOMA cases.
- Jon Davidson, legal director at Lambda Legal, writes at Professor Jack Balkin’s blog ‘Balkinization’ about marriage equality and the Supreme Court.
- Asked last week about the administration’s position on the Prop 8 case, the White House still won’t comment.
- A gay judge in Virginia will be back before the General Assembly for consideration of a full 6-year appointment.
The New Republic profiles Charles Cooper – attorney for the proponents of Prop 8.
Leave a Comment January 14, 2013
Tell Obama: Speak out on Prop 8 at the Supreme Court
By Scottie Thomaston
With Prop 8 and DOMA headed to the Supreme Court, the Obama administration will be in Court making arguments against Section 3 of DOMA and for a heightened level of judicial scrutiny for laws that impact gays and lesbians. At the same time, Ted Olson and David Boies will be making many of the same arguments to the Court in Perry, the Prop 8 challenge. President Obama has endorsed marriage equality personally but he has yet to comment on the Prop 8 challenge or the possibility of having marriage equality affirmed by the Supreme Court.
In the two cases, the opponents of marriage equality defend their position using the same justifications: responsible procreation, child-rearing, proceeding with caution, upholding traditional values. The Justice Department has made good arguments as to why those are not enough to uphold Section 3 of DOMA. The Obama administration could speak out on the Prop 8 case in court by filing an amicus curiae (“friend of the court”) brief in support of the plaintiffs and perhaps noting its position that laws impacting gays and lesbians warrant heightened scrutiny.
Courage Campaign has launched a petition asking President Obama to do just that.
Dear Scottie,
President Obama has said same-sex marriage is fine by him, but the Supreme Court will consider a more fundamental issue than that: whether a state ban on same-sex marriage violates the guarantee of Equal Protection under the U.S. Constitution. And so it’s time for President Obama and his Department of Justice to weigh in. This is important for a few simple reasons, Adam:
#1: Ted Olson says it is(1). In comments on Friday’s decision, Olson said:
“I would hate to predict what the United States government is doing, but given the stand the president of the United States and the attorney general of the United States made with respect to marriage equality, we would certainly hope that they would participate…I think that, given the position that the government has taken in the DOMA cases and the reasoning that they have used in filing their brief would apply with great effect in our case, the Perry case, as well.”
#2: The Supreme Court listens to what the Administration says. The Supreme Court frequently asks the Administration to give its views in many different cases. Taking action could help influence the Supreme Court to “go broad” and strike down same-sex marriage bans nationwide.
#3: Doing so would help increase the level of public support for same-sex marriage. Many legal scholars say the Supreme Court never wants to get out ahead of the states. Our job as advocates is to show the Supreme Court that the public is with us. Right now, a bare majority of Americans support same-sex marriage. If the Department of Justice tells the Supreme Court it believes banning same-sex marriage is unconstitutional, it will make headlines nationwide and keep the numbers moving in the right direction.
On Friday, the White House and the Department of Justice refused to comment on the Administration’s views concerning Proposition 8(2). Not good enough. We need our “fierce advocate” in the White House to do right by the LGBT community, and take this simple, but hugely important, action.
Thanks for all you’re doing,
Rick Jacobs
Chair and Founder, Courage Campaign
10 Comments December 11, 2012
