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New York AG Schneiderman files brief challenging DOMA in Windsor v United States
July 26, 2011
By Adam Bink
This is one reason many of us New Yorkers told friends and family that Eric Schneiderman would be a strong advocate — perhaps an even better Attorney General than Eliot Spitzer. NYTimes:
The New York State attorney general, Eric T. Schneiderman, acting just days after the state began allowing gay couples to wed, filed a legal brief on Tuesday challenging the constitutionality of the federal Defense of Marriage Act.
Mr. Schneiderman asserted that the law, which prohibits the federal government from recognizing same-sex marriages, violates the right to equal protection under the law for gay and lesbian couples.
The brief, filed in Federal District Court in the Southern District of New York, refers specifically to New York State’s Marriage Equality Act, which was approved by lawmakers last month and took effect to great fanfare on Sunday.
“Without such equal treatment by the federal government,” Mr. Schneiderman wrote, “New York’s statutory commitment to marriage equality for all married couples will be substantially unrealized.”
Mr. Schneiderman submitted the brief in support of Edith S. Windsor, the plaintiff in Windsor v. United States. Ms. Windsor was married in Canada in 2007 to her longtime partner, Thea Spyer. The couple lived in New York City, and when Ms. Spyer died two years after their marriage, the federal government refused to recognize their marriage and collected estate taxes on her inheritance, prompting the lawsuit.
Ms. Windsor’s legal challenge was one of two lawsuits that prompted President Obama in February to direct the Justice Department to stop defending the Defense of Marriage Act, which Mr. Obama determined was unconstitutional.
The full 25-page brief can be found here. Kudos to Schneiderman for capitalizing on, as I’ve written, an important window of opportunity to raise awareness that while same-sex couples can be married in New York, their marriages are not equal. People who don’t know a thing about DOMA will read and hear about this, and that serves an important purpose in public education.
Filed under: DOMA trials
20 Comments Leave a Comment
1.
Ann S. | July 26, 2011 at 9:43 am
In California, there is a new ballot initiative that some folks are trying to get on the ballot, that would enact "civil marriage" and "religious marriage".
http://www.sfexaminer.com/local/2011/07/civil-mar…
I think this is well-intentioned but flawed.
2.
Balu Vellanki | July 26, 2011 at 9:58 am
Brilliant. Attack from all sides. Corner the bigots. Make them show their true reasons for opposing equal rights.
3.
Alan_Eckert | July 26, 2011 at 10:04 am
Kind of a moot point since there is already a "civil marriage" and a separate "religious marriage" that is one of the many ceremonies that the government accepts in order to affirm the "civil" one
4.
Ann S. | July 26, 2011 at 10:13 am
Yes. It would repeal Prop 8, but frankly I don't think they'll get enough backing to get the signatures.
5.
Ronnie | July 26, 2011 at 10:22 am
Subscribing & sharing…..
Beyoncé Reflects On Her Gay Fans http://instinctmagazine.com/blog/beyoncé-r…
On what she's learned from her gay friends:
"If anyone is brave and true to themselves, it's my gay fans. The amount of confidence and fearlessness it takes to do what maybe is not what your parents expect you to do or what society may think is different—to be brave and be different and be to yourself—is just so beautiful. It's the most beautiful thing you can be, and it's what we all want to be at the end of the day. And not worrying about satisfying or becoming what other people think you're supposed to be, that's like the ultimate dream—to just be that brave."
(me) I love Beyonce….STRAIGHT ALLIES ARE AWESOME!!!!……… <3…Ronnie
6.
Alan_Eckert | July 26, 2011 at 11:58 am
Everyone needs to hit this AFA poll today, and fast! They even have basic Yes, No, and Not Sure responses, which is rare for them. Usually the possible responses are biased in themselves.
"Should New Yorkers be given the chance to vote on the definition of marriage?" http://www.onenewsnow.com/Poll.aspx?ekfrm=1399014
[Then when you are done, go vote in the Pepsi challenge]
7.
415kathleenk | July 26, 2011 at 12:44 pm
yep read this yesterday. I don't think its going to go anywhere. I believe CA knows that as big of a time consuming nuisance as it is, we have to wait for lawsuit to make its way through the court system
8.
415kathleenk | July 26, 2011 at 12:46 pm
i just voted. I think the results pretty much showcase the readership of this website- and their intelligence or lack there of
9.
chris from CO | July 26, 2011 at 12:53 pm
thx just voted it lookes like after 1019 ppl 79% said yes. We need to keep voting.
10.
Ann S. | July 26, 2011 at 12:59 pm
Oops, I didn't see before I posted this that it was posted yesterday.
11.
Sheryl_Carver | July 26, 2011 at 2:29 pm
They might have a different take on what things should be voted on if a poll read, "should people have the right to vote on whether churches should be taxed like other businesses?"
12.
Balu Vellanki | July 26, 2011 at 2:45 pm
A silent revolution happening in India, supported by Indian courts. http://www.telegraph.co.uk/news/worldnews/asia/in…
13.
Ronnie | July 26, 2011 at 3:40 pm
Michele Bachmann's mass murder advocating & so called "good" & "moral" Christian preacher friend is suing Rachel Maddow & MSNBC for telling the truth about him.
Bachmann-Affiliated Preacher/Radio Host Sues Rachel Maddow & MSNBC http://joemygod.blogspot.com/2011/07/bachmann-aff…
(me) ROFLMGAO… wow… really?… No?… wow… REALLY??!!!!… ROFLMGAO……. XP …Ronnie
14.
LCH | July 26, 2011 at 4:28 pm
♀♀=♂♂=♀♂=∑♡
15.
Ronnie | July 26, 2011 at 4:35 pm
Big Gay Ice Cream Shop Prepping for East Village Debut http://www.dnainfo.com/20110714/lower-east-side-e…
"The partners behind the popular Big Gay Ice Cream Truck are weeks away from opening their first brick-and-mortar location on East Seventh Street."
(me) Awesome…. I can't wait to check it out….Their recipes for their speciality flavors sound pretty interesting & yummy…. <3…Ronnie
16.
Sheryl, Mormon Mom | July 26, 2011 at 4:39 pm
Just voted, over 8,000 votes and 82% vote NO. Wonder how they are going to spin the results of this poll? Guess their followers just don't care enough to vote.
17.
AnonyGrl | July 26, 2011 at 5:09 pm
Screenshots are vital…
18.
Straight 4 Equality | July 26, 2011 at 5:50 pm
I just voted and now "No" is 82.54% with close to 9000 total votes.
19.
Straight Dave | July 26, 2011 at 7:59 pm
I also voted. Maybe that will stop them from asking anymore, but I doubt it.
Further down on that same page is our old reliable friend, Peter LaBarbera, flaunting his loose screws. It's one thing to be a strong advocate, but quite another to take leave of your senses. http://www.onenewsnow.com/Culture/Default.aspx?id…
"Repeal the repeal — even if it takes 20 [or] 30 years"
"outraged [that] conservative lawmakers aren't working feverishly to reinstate the ban on homosexuals serving in the military
"the liberals fight like they have the truth, although they don't"
"the conservatives who do possess the truth act like they don't have the truth"
Doesn't he recognize a lost cause when he sees one?
Did anybody else notice the conservatives acting like they don't have the truth?
This man lives on a very strange planet.
20.
loaferguy | July 26, 2011 at 8:01 pm
And of course, now that we're all getting married, it's important that we do it properly!
[youtube EClSk3c5e34 http://www.youtube.com/watch?v=EClSk3c5e34 youtube]
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