defense of marriage act

Richard Wolf 04-14-2015
Photo via The Enquirer / Carrie Cochran / USA Today / RNS

Jim Obergefell of Cincinnati is photographed in his living room. Photo via The Enquirer / Carrie Cochran / USA Today / RNS

Jim Obergefell and John Arthur spent more than two decades living quietly together. They were never gay rights activists. Most of their friends weren’t even gay.

“John and I always joked that we were bad gays,” Obergefell recalled, “because the vast majority of our friends are straight couples.”

But when the Supreme Court ruled on June 26, 2013, that the federal government must recognize same-sex marriages, two new activists suddenly were born — one of whom now stands at the threshold of legal history.

Fifteen days after the high court’s ruling — with Arthur in the final stages of Lou Gehrig’s Disease — the couple flew to Maryland on a medically equipped jet to be legally married on the tarmac. Then they flew back home and learned their marriage would not be recognized in Ohio.

“All I thought was, ‘This isn’t right. I’m p—ed off,'” Obergefell, 48, says now, sitting in the silence of his art-filled condominium in Cincinnati’s historic Over the Rhine district.

Kevin Eckstrom 05-22-2014

Supporters of gay marriage rally outside the U.S. Supreme Court on March 27, 2013. RNS photo by Kevin Eckstrom.

What a difference 10 years makes.

In May 2004, Massachusetts became the first state to allow same-sex marriage. Six months later, with dire warnings about schoolchildren being forced to read “Heather Has Two Mommies” and threats of legalized polygamy, so-called “values voters” passed bans on same-sex marriage in 11 states and ushered George W. Bush to another four years in the White House.

Fast-forward to 2014, and the cultural and legal landscape could hardly be more different. Today, 19 states and the District of Columbia allow same-sex marriage, and federal courts have struck down bans in 11 more states. The U.S. Supreme Court ordered the federal government to recognize same-sex marriages after ditching a central portion of the 1996 Defense of Marriage Act last year, and 44 percent of Americans now live in states that allow same-sex marriage.

After four same-sex couples filed suit Wednesday challenging Montana’s ban on same-sex marriage, neighboring North Dakota is the only state that isn’t facing a challenge to its gay marriage ban — at least not yet.

So what changed?

Air Force Capt. Mike Carey, a chaplain at Scott Air Force Base in Ill. RNS photo by Robert Cohen/The St. Louis Post-Dispatch

Catholic military chaplains cannot be forced to witness or bless a same-sex marriage, nor are they allowed to take part in any marriage counseling retreats that are open to gay couples under new rules issued by the Archdiocese for the Military Services.

The rules, sent to chaplains on Sept. 18 by Archbishop Timothy P. Broglio, head of the AMS, also bar chaplains from taking part in a funeral for a Catholic if that participation “would give the impression that the church approves of same sex ‘marital’ relationships.”

But the new rules also set out conditions that would allow Catholic military commanders to comply, without violating their beliefs, with rules giving same-sex couples under their command federal employee benefits as required by law.

Cathleen Falsani 08-02-2013
RNS photo by Adelle M. Banks

Plaintiffs speak to the media June 26 after the Supreme Court rejected Prop 8 on legal grounds. RNS photo by Adelle M. Banks

Rather than a Third Great Awakening I believe we are standing in the threshold of a Great Grace Awakening. It’s a move of the Holy Spirit drawing people away from legalistic and fear-based beliefs to a place some of us would call grace.

On the surface, it may seem to fly in the face of some traditional Judeo-Christian ethics. But it is aligned with a broader, more universal ethic that seems to be developing around genuine Christian love and grace — the very essence of Jesus’ ministry and what makes it so revolutionary — as guiding principles.

Grace is the reason for the incarnation. God became human and walked in our sandals because God knows us and wants us to be known.

Grace says that there is nothing we could ever do that would make God love us less. And grace tells us that there’s nothing we could ever do that would make God love us more. You are loved simply because you are and for all of who you are. Full stop.

Martha T. Moore 07-17-2013
Photo courtesy RNS/Shutterstock.com.

NJ Gov. Chris Christie – red gov in a blue state – is walking a fine line on gay marriage. Photo courtesy RNS/Shutterstock.com.

As activists push states to recognize gay marriages, New Jersey Gov. Chris Christie — conservative Republican governor in a blue state and a 2016 presidential possibility — is walking a fine line between two electorates and two elections.

Christie vetoed same-sex marriage legislation last year and severely criticized the Supreme Court’s decision striking down a ban on federal rights for same-sex married couples. At the same time, he is “adamant” that same-sex couples deserve equal legal protection, wants a referendum on gay marriage, and vows to abide by a same-sex marriage law if New Jersey voters approve it.

He’s tiptoeing between constituencies. First are the voters of New Jersey: polls show they favor same-sex marriage, and Christie wants them to re-elect him in November by a big margin.

Richard Wolf 07-11-2013
Photo courtesy RNS.

LGBT supporter at the Supreme Court on June 26. Photo courtesy RNS.

The legal battle over same-sex marriage has shifted from the Supreme Court to state capitals and lower courts as supporters seek to build on their recent victories and opponents hope to thwart that progress.

Armed with Justice Anthony Kennedy’s decision striking down the Defense of Marriage Act, lawyers representing same-sex couples filed a lawsuit in Pennsylvania on Tuesday, and vowed to follow with others in North Carolina and Virginia.

Those cases will be added to at least 11 pending from New Jersey to Hawaii.

Cathleen Falsani 06-27-2013
Photo by Katie Anderson/Sojourners.

Celebration on the grounds of the Supreme Court after DOMA and Prop. 8 decisions. Photo by Katie Anderson/Sojourners.

The first thing I did when I read the U.S. Supreme Court’s decisions in the cases involving the Defense of Marriage Act and California’s Prop 8 on Thursday morning was offer a silent prayer.

It was short — just two words — completely heartfelt and probably far more eloquent than anything I’ll manage to write in this space today.

“Thank you,” I told God. 

Jim Wallis 06-27-2013
Sign outside the Supreme Court, photo by Victoria Pickering / Flickr.com

Sign outside the Supreme Court, photo by Victoria Pickering / Flickr.com

The words above the Supreme Court read, “Equal Justice Under the Law.” This week, two Supreme Court outcomes dramatically affected the reality of those words.

On Tuesday, in a 5-4 decision, a key component of the historic Voting Rights Act of 1965 was struck down, jeopardizing equal justice under the law especially for black, Hispanic, and low-income people whose voting rights have historically been assaulted and have continued to be suppressed as recently as the 2012 election. In fact, Section 4 of the Voting Rights Act — which required parts of the country that have been especially egregious in racially motivated voter suppression to get federal approval of any changes in their voting laws — was specifically used in the 2012 election to prevent new voter suppression. That provision has now been struck down, and efforts to increase barriers to voting are already underway in several states, especially in the South, that would suppress the future votes of Americans of color, especially those with lower incomes.

Equal justice under the law lost on Tuesday, June 25. The Supreme Court’s decision was morally shameful. ... 

Contrast Tuesday’s decision with the final ones we saw handed down this week. ... I, along with a growing number of people in the faith community, believe that equal protection under the law is essential for our gay and lesbian friends and family members. While some Christians are conflicted about the theological issues involved, or even are unable to support homosexuality on a religious basis, they also don’t want churches to be the ones standing in the way of civil rights. 

Karyn Wiseman 06-26-2013
 Photo by Katie Anderson / Sojourners

Woman holds up Supreme Court decision on June 26 outside the Supreme Court. Photo by Katie Anderson / Sojourners

In the Methodist tradition in which I was I raised, there is a concept of perfection. We “strive for perfection” in loving each other and loving God. It is not about avoiding all mistakes. It is about growing in love for neighbor and being hospitable to all we come in contact with. This is the point of our theology: as we grow in faith and love, we become closer to God. In the end, resisting God’s call to love others is pretty hard to do.

And yet we know not everyone we meet is irresistible. We all have moments when some folks are harder to love than others. Sometimes those we find difficult to love are members of our own families. Other times they are friends we’ve had a conflict with. And for some of us, they are hard to love simply because of whom the other person loves.

Kevin Eckstrom 06-26-2013
Photo by Katie Anderson/Sojourners

"Thank you" Paul and Jeff sign. DOMA and Prop 8 decisions at the Supreme Court. Photo by Katie Anderson/Sojourners.

Sometimes a court opinion is more than just a court opinion.

Justice Anthony Kennedy’s 26-page decision Wednesday striking down a federal ban on same-sex marriages offers a window into Americans’ rapidly shifting views of same-sex relationships — a shift that increasingly relies on matters of law and fairness, not moral or religious views.

At the same time, Justice Antonin Scalia’s biting 26-page dissent in United States v. Windsor reflects a set of cultural, religious, and social arguments that are losing ground in the court of public opinion and now, in the highest court of the land.

Ryan Anderson has planted himself on arguably the most unpopular stance for his generation: opposing gay marriage.

At 31, Anderson has become one of the leading voices in the
“millennial” generation against the legalization of gay marriage. With the upcoming Supreme Court decisions on gay marriage, his ideas have been circulated in conservative circles, giving him an influence beyond his years.

“Debating marriage is probably not what I would have chosen,” said Anderson, a fellow at the conservative Heritage Foundation in Washington. “It’s the question that most likely gets you kicked out of your law firm.”

Richard Wolf 06-19-2013
Photo courtesy RNS.

Supports of gay marriage rally outside the U.S. Supreme Court. Photo courtesy RNS.

If the range of possible Supreme Court rulings on gay marriage this month requires a scorecard, the potential confusion arising from those decisions may demand a manual.

It’s not as simple as whether gays and lesbians can marry, and whether they become eligible for federal benefits. The two decisions are likely to create new questions for couples in civil unions and those who move between states, as well as for employers.

As a result, what’s already a complex situation for many gay and lesbian couples could get more complicated, at least initially, said John Culhane, a law professor at Widener University’s Delaware campus and co-author of Same-Sex Legal Kit for Dummies.

the Web Editors 06-19-2013
Daily Show segment screen shot

Daily Show segment screen shot

Daily Show correspondent Samantha Bee's latest segment for the late-night comedy show took on the perception in some religious circles that Christians are the ones being targeted by the LGBT community. She sits down with pastor and Christian radio-show host Matt Slick to explore his fear of infringement of his religious liberty. 

"At what point has your right to express yourself been infringed upon?" Bee asked in the interview. 

Slick's response: "I don't know if it's going to happen, but I'm concerned about it. I have a radio show. I'm just concerned about any oppression that may come, that people might say, 'Matt, you can say that on the radio, that homosexuality is a sin.'"

Watch the clip below. 
 
Lisa Schencker 04-08-2013

Just because the nation may change its laws to “tolerate legalized acts of immorality” does not make those acts any less spiritually damaging, senior Mormon apostle Boyd K. Packer said on Saturday at the Church of Jesus Christ of Latter-day Saints’ 183rd Annual General Conference.

“The permissiveness afforded by the weakening of the laws of the land to tolerate legalized acts of immorality,” Packer said, “does not reduce the serious spiritual consequences that result from the violation of God’s law of chastity.”

Packer, president of the Mormons’ Quorum of Twelve Apostles and next in line to take over the church’s reins, didn’t specifically mention gay marriage, but his comments came amid controversy on the issue nationwide and a significant swing in public and political opinion toward favoring such same-sex unions.

RNS photo by Gregory A. Shemitz

Archbishop Timothy M. Dolan of New York. RNS photo by Gregory A. Shemitz

Cardinal Timothy Dolan, the top U.S. Catholic prelate, says the Roman Catholic Church has to make sure that its defense of traditional marriage is not reduced to an attack on gays and lesbians.

Dolan is president of the U.S. Conference of Catholic Bishops and last month was reputed to have gathered some votes in the Vatican conclave where Pope Francis was eventually elected.

He made his remarks on two morning talk shows on Easter Sunday, just days after the Supreme Court heard arguments in two same-sex marriage cases.

Kevin Eckstrom 03-27-2013
RNS photo by Kevin Eckstrom

Edie Windsor speaks after oral arguments in her challenge to the 1996 Defense of Marriage Act. RNS photo by Kevin Eckstrom

In nearly two hours of arguments on Wednesday, the Supreme Court heard many of the expected cases for and against recognizing gay marriage: that refusing to do so is blatant discrimination, that gay marriage is a social experiment that the court should not preempt, that Washington has no role in state marriage laws.

Yet it was arcane arguments over matters of legal standing that seemed to most animate the justices, reflecting what seemed to be a desire to find a way for the court to sidestep a definitive up-or-down ruling on one of the most divisive social issues.

In short, the court — particularly its conservative majority — seemed to ask why they should hear a second gay marriage case in as many days, particularly one in which the government supports the lower court’s ruling. And the answer to that question will go a long way toward determining the outcome of a spirited national debate.

RNS photo by Adelle M. Banks

Throngs of same-sex marriage supporters and opponents gathered outside the high court. RNS photo by Adelle M. Banks

Isn’t it remarkable, attorney Ted Olson said after arguing for same-sex marriage before the Supreme Court on Tuesday, that the other side wasn’t really arguing against it?

“No one really offered a defense,” he said of his opponents’ bid to uphold Proposition 8, the 2008 California referendum that effectively ended gay marriage in the state by defining marriage as between a man and a woman.

The question inside the courtroom was not so much can there be gay marriage, but “how do you establish marriage equality?” said David Boies, another attorney for Prop 8 opponents.

Indeed, the lawyer trying to prop up Prop. 8, which was struck down by federal trial and appeals courts, spent barely any time talking about the virtues of traditional man-woman marriage or the hazards of same-sex marriage.

And that, for supporters of gay marriage, shows just how far this debate has come in the U.S.: It’s no longer “if” it will be accepted and legal, but “how” and “when.”

David Jackson 03-11-2013

President Clinton is speaking out against the Defense of Marriage Act. Photo courtesy Religion News Service.

It’s not every day you see an ex-president ask the Supreme Court to strike down a law he signed.

That’s what Bill Clinton is doing with the Defense of Marriage Act, which defines marriage as between a man and a woman — and which the high court will rule on this year in a landmark moment for the gay marriage movement.

 

The justices must decide whether the Defense of Marriage Act “is consistent with the principles of a nation that honors freedom, equality and justice above all, and is therefore constitutional,” Clinton writes in The Washington Post.

Richard Wolf 12-10-2012
David Ryder/Getty Images

Couple holds up the first same-sex marriage license in Washington state on Dec. 6. David Ryder/Getty Images

WASHINGTON — The Supreme Court's decision to take up the explosive issue of same-sex marriage will thrust the high court into a policy debate that has divided federal and state governments and courts, as well as voters in nearly 40 states.

The court's agreement to hear challenges to the federal Defense of Marriage Act and California's Proposition 8 ban on same-sex marriage moves the issue to the top of the national agenda following a year in which advocates scored major legal and political victories.

The court likely will hear the cases in March and rule by late June on a series of questions, potentially including one of the most basic: Can states ban gay marriage, or does the Constitution protect that right for all couples? It also will decide whether gay and lesbian married couples can be denied federal benefits received by opposite-sex spouses.

Any decisions will make history on an issue that has divided the nation for decades. Nine states and the District of Columbia now permit same-sex marriages, and a decision against California's Prop 8 ban would add the 10th and largest state.

A ruling against the 1996 federal law could lead to a spike in gay marriages in all those states. Several more states are likely to consider allowing same-sex marriages in 2013.

QR Blog Editor 12-07-2012

Talking Points Memo reports:

The Supreme Court declared Friday that it will take up same sex marriage next year in what’s sure to be a blockbuster case with sweeping implications.

The Court accepted a challenge to the Defense of Marriage Act, the 1996 law that prohibits federal recognition of same sex marriage. Two appeals courts have ruled that Section 3, which effectively bans same sex couples legally married in their states from receiving federal benefits, is invalid under the Constitution’s equal protection clause.

Oral arguments will be next spring and a decision is expected by the end of June

Read more here.

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