...so why not give us what we want and get it over with?
The legal advocacy group that successfully argued for sex-same marriage in Massachusetts intends to file suit here on Tuesday seeking some federal benefits for spouses in such marriages.The target is the Defense of Marriage Act, passed by Congress in 1996, which prohibits the federal government from recognizing same-sex marriage. That law denies federal benefits, like Social Security survivors’ payments, to spouses in such marriages.
During the campaign, Barack Obama said he favored repealing DOMA. Just FYI.
The plaintiffs in the suit include eight couples and three widowers, all of whom were married in Massachusetts after the state began allowing same-sex marriages in 2004. All have applied for federal benefits, Ms. Bonauto said, but have been denied because the federal government does not recognize their marriages.Some of the plaintiffs are federal employees who cannot share their health benefits with spouses; others cannot file taxes jointly or are receiving less generous Social Security retirement benefits. The widowers include Dean Hara, the spouse of former Representative Gerry E. Studds. After Mr. Studds died in 2006, Mr. Hara, 51, was denied his Congressional pension and other benefits normally extended to surviving spouses of federal employees.
It might've been a good idea to wait until Obama got a chance to replace a conservative on the court with a liberal, but, you know, that's the funny thing about rights and injustices. People don't want to wait forever to secure their rights, and the victims of an injustice—like Mr. Studd's widower—deserve redress now.
The very essence of a Democracy is to represent the people who have establish it.
In June 1958, two residents of Virginia, Mildred Jeter, a Negro woman, and Richard Loving, a white man, were married in the District of Columbia pursuant to its laws. Shortly after their marriage, the Lovings returned to Virginia and established their marital abode in Caroline County. At the October Term, 1958, of the Circuit Court of Caroline County, a grand jury issued an indictment charging the Lovings with violating Virginia's ban on interracial marriages. On January 6, 1959, the Lovings pleaded guilty to the charge and were sentenced to one year in jail; however, the trial judge suspended the sentence for a period of 25 years on the condition that the Lovings leave the State and not return to Virginia together for 25 years. He stated in an opinion that:
"Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix."
After their convictions, the Lovings took up residence in the District of Columbia. On November 6, 1963, they filed a motion in the state trial court to vacate the judgment and set aside the sentence on the ground that the statutes which they had violated were repugnant to the Fourteenth Amendment. The motion not having been decided by October 28, 1964, the Lovings instituted a class action in the United States District Court for the Eastern District of Virginia requesting that a three-judge court be convened to declare the Virginia antimiscegenation statutes unconstitutional and to enjoin state officials from enforcing their convictions. On January 22, 1965, the state trial judge denied the motion to vacate the sentences, and the Lovings perfected an appeal to the Supreme Court of Appeals of Virginia. On February 11, 1965, the three-judge District Court continued the case to allow the Lovings to present their constitutional claims to the highest state court.
The Supreme Court of Appeals upheld the constitutionality of the antimiscegenation statutes and, after modifying the sentence, affirmed the convictions.
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