Tag Archives: Supreme Court of the United States

Still Wearing Red?

by D Gregory Smith

tumblr_inline_mkbku2uIVq1qz4rgp

You should- the arguments to strike down the Defense of Marriage Act are being heard today. So if you changed your Facebook profile photo yesterday (and most of mine did) don’t change it yet! One of my friends has vowed to keep his red equality pic up until they hand down the decisions.

For a good brief on the impact of DOMA, see today’s Washington Post.

And if you don’t have your facebook pic changed yet- feel free to borrow from yesterday’s post.

Related articles

In One of His First Acts as Congressman, Daines Supports Unconstitutional DOMA

by MontanaRiverRat

DainesToday, the country bid a not-so-fond farewell to the 112th Congress (including Denny Rehberg), and swore in the new 113th Congress with Steve Daines.

What was the first thing this shiny new Congress did?

Well, Daines, who ran on a “more jobs, less government” platform, cast one of his first votes in favor of the House continuing to spend hundreds of thousands of dollars defending the so-called “Defense of Marriage Act” (DOMA) which denies hundreds of benefits to legally married same-sex couples.

Apparently when Daines said “more jobs” he meant “more jobs for lawyers defending blatantly unconstitutional archaic laws.”

DOMA is the Clinton-era law that prohibits the federal government from recognizing same-sex unions. This law denies benefits to the same-sex partners of military members killed while fighting for our country. It also prohibits the federal government from recognizing bi-national same-sex couples in immigration cases, which has led to several high-profile deportations. It also refuses to acknowledge same-sex spouses in relation to Social Security survivor benefits.

This law is clearly unconstitutional, which is why in early 2011 the Obama administration’s Department of Justice announced they would no longer defend the law. Our illustrious House members though chose to pick up the torch of bigotry and continued to defend the law at the taxpayer’s expense. Thus far, Steve Daines, John Boehner and the Republicans in the House have spent more than $1.7 million defending this law.

The latest expenditure in support of DOMA was actually buried within the House of Representative rules that the new Congress approved today. Generally these rules simply lay out the process for how the House will run. To bury an appropriation inside this bill is an unprecedented abuse of the process.

This is just the latest example of the clear hypocrisy of Daines and his tea party colleagues advocating for smaller government except for when they don’t.

DOMA, ruled as unconstitutional ten different times in seven different cases, will face the US Supreme Court later this year.

Related articles

 

“…with liberty and justice for all.” A Good Start

by D Gregory Smith

The President is making good on his promise to finally repeal the Defense Of Marriage Act- an act designed to smugify people who can get married (and have- some of them four or five times) and alienate those who can’t (like this couple, who have been together for 48 years). From the Atlantic Wire:

Washington DC: United States Supreme Court

Washington DC: United States Supreme Court (Photo credit: wallyg)

The Department of Justice is asking the Supreme Court to hear appeals for two different cases to finally decide whether or not DOMA is constitutional.

Metro Weekly’s Chris Geidner reports David Verelli filed a petition for certiorari to the Supreme Court asking them to review the law’s controversial Section 3 to see if it “violates the Fifth Amendment’s guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State.” The question is connected to the Golinski v. Office of Personnel Management case. In a ruling in February, a U.S. District Judge ruling on the case said that DOMA was unconstitutional. It’s currently slated to be heard in the U.S. Court of Appeals for the Ninth Circuit, but now it’ll be presented to the Supreme Court before the Ninth Circuit can even make a ruling.

The other case the DOJ asked SCOTUS to look at is Massachusetts v. Department of Health and Human Services. A judge from the Court of Appeals for the First Circuit ruled against DOMA in the case in May. Another judge from the First Circuit Appeals Court ruled that DOMA was unconstitutional at the beginning of June.

The Associated Press reports the “earliest the justices might decide to hear the case is in late September.” Arguments would be made over the winter, with a final decision coming in late June. So basically, DOMA is the new blackAffordable Care Act.

This administration is taking the dignity of LGBT persons to an all-time high, politically speaking. We are closer to being equal citizens than we have ever been, and today- despite the miles left to go- I’d like to celebrate that.

Click here for an exhaustive list of the Obama administration (and Congress’) accomplishments.

 

Related articles

Catholic Nuns File Amicus Brief Supporting Affordable Care Act

by D Gregory Smith

Some sisters have come out in favor of The Affordable Care Act, saying

(We) believe that a civilized society must ensure the provision of basic healthcare to its citizens regardless of their ability to pay for it. (We) further believe it is a moral imperative that all levels of government institute programs that ensure the poor receive such care. (We) believe Medicaid expansion under the Act is critical to the communities (we) serve.

Predictably, some “Catholic” websites are leading with headlines like “Liberal Nuns Support Obamacare”, and “Liberal Activist Nuns Want Socialized Medicine”.

Sigh. What’s wrong with these people? What do they think Jesus would charge for healthcare? And they’re theologically out of step with their church.

From ThinkProgress:

As further proof that conservative efforts to paint President Obama as the enemy of religion are a red herring, nearly two dozen leading Catholic nuns filed a brief in the Supreme Court last week supporting the president’s signature legislative accomplishment. The Catholic sisters who joined the brief include the leaders of many prominent religious orders providing health care and other services to the needy.

These nuns have unique stature to explain why their support for the Affordable Care Act flows from their faith, given that so many of them have devoted their lives to providing care to those most in need. Nevertheless, their views are hardly unique within their church’s hierarchy. Pope Benedict XVI called health care an “inalienable right,” and added that it is the “moral responsibility of nations to guarantee access to health care for all of their citizens.”

Duh. “Is the Pope Catholic?” may no longer be a rhetorical question- especially for catholic fanatics.

Oh- and Jesus healed for free….

Related articles