Perhaps it went by everyone’s notice in all the hubbub over the U.S. Supreme Court’s having done right by pharmaceutically injured Vermont musician Diana Levine. Or maybe it was buried by Sen. Leahy’s hearings on having some form of “Truth Commission” to document the abuses of the second Bush administration.
But it’s important, and it’s a major piece of the reason Vermont should pass — and the Governor should sign or let become law sans signature — a bill granting equal marriage to same-sex couples.
Gay and Lesbian Advocates and Defenders (GLAD) has filed a lawsuit that challenges the Defense of Marriage Act on behalf of eight same-sex couples and three widowers who had been married in Massachusetts when their spouses died.
This is the lawsuit we’ve been waiting for, the one that has every possibility of getting federal recognition of such things as the right to file federal income taxes as a couple (no more double-paperwork for feds and state!), the right for a surviving spouse to receive Social Security payments based on the spouse’s benefit (as do all other married couples!), federal health insurance, and even the legal adoption of a spouse’s last name (passports in the prior name may conflict with state-issued ID’s like driver’s licenses, causing trouble at the borders).
More on the flip, but bottom line is that this is the big one: Vermonters don’t even get a seat in the court room unless we call it marriage.
From the Massachusetts gay paper Bay Windows:
[GLAD’s lawsuit is] challenging provisions in section three of DOMA that bar the federal government from granting certain protections to legally married same-sex couples. If successful the suit would overturn only those specific provisions of DOMA, not the entire statute, which prevents federal recognition of any same-sex marriage and also allows states to deny recognition of same-sex marriages performed in other states.
GLAD believes the suit may ultimately be decided by the U.S. Supreme Court, which would mark the first time the nation’s highest court heard a major DOMA challenge. GLAD filed the suit, called Gill, et al vs. Office of Personnel Management, et al, on behalf of eight couples and three widowers, all from Massachusetts. Among the plaintiffs is Dean Hara, widower of the late Congressman Gerry Studds.
[…]
GLAD’s suit only targets the provisions in section three of DOMA that block same-sex married couples from receiving equal treatment in taxes, federal employee spousal and survivor benefits, Social Security and name changes. [GLAD attorney Janson] Wu said despite the narrow focus of the suit GLAD believes that a Supreme Court ruling in their favor could deal a crippling blow to DOMA as a whole.
“Our legal argument is that [the portions of section three targeted in the lawsuit are] a violation of our federal government’s guarantee to treat citizens equally by refusing to recognize the marriages only of same-sex couples, and that principle of equality should apply in other contexts if we’re successful,” said Wu. While GLAD believes the suit stands a strong chance of reaching the Supreme Court, Wu said it was too soon to tell how long it might take to get there.
The Massachusetts Attorney General, Martha Coakley, has offered strong support for the lawsuit. The junior senator from Massachusetts, John Kerry, has also declared his support of the lawsuit and continued opposition to DOMA.
We’ve got a chance for equality — if we can get a seat in the court room. We can get a seat in the court room, if Vermont’s legislators and governor don’t stand in the way.
Remember Caoimhin’s formula: One Second, One Syllable (“AYE!”), One Signature for equality.
Email, call, or write your legislator to urge them to support the bill, H.178 (House) / S.115 (Senate). They need to know we’re here in numbers, and that we won’t forget the choice they made to do the right thing — or not — in November 2010.