There's lots to celebrate about the that it will no longer defend the so-called "Defense of Marriage Act" (DOMA) in court. That statement makes a few things clear:
- The Obama administration agrees with what we've been saying for years 鈥� that when the government treats gay people differently than straight people, it's got to have a very good reason for the discrimination (this is what courts call applying "heightened scrutiny").
- The administration agrees that it doesn't have a good reason for respecting the marriages of heterosexual couples while pretending that married same-sex couples aren't actually married (which is what DOMA does, after all).
- Since the administration doesn't have a good reason for the discrimination, it's going to stop defending DOMA, both in our case and in others. This is a video about our case challenging DOMA that we filed along with Paul, Weiss, Rifkind, Wharton & Garrison LLP.)
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Up until now, the federal government has taken the position that discrimination against lesbians and gay men is almost always OK, that it's presumed to be constitutional. With yesterday's announcement, the government has recognized that under the proper constitutional analysis, it needs a good reason to treat gay people differently from everyone else.
The shift is quite simply amazing. Amazing to have a government that decides an important issue of constitutional law based on principle rather than politics. Amazing to see a government switch gears when faced with a case that requires it to address the legal issues head-on. Watch this video of our client, Edie Windsor, talk about what yesterday's decision means to her:
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The government's shift of position is also amazing because of what it means not just for DOMA, but for LGBT rights more broadly. If the courts ultimately agree that heightened scrutiny applies whenever the government treats gay people badly, then it's not just DOMA that becomes hard to defend. So do state adoption and foster parenting laws that exclude gay people. And states' refusals to provide health care benefits or pension protections to the domestic partners of state workers. And public schools' decisions to ignore anti-LGBT harassment or exclude same-sex couples from the prom. And government rules like the military separation pay disparity that we've challenged in court. Heightened scrutiny will affect every nook and cranny of LGBT rights law.
For a constitutional lawyer, moments like this don't come around very often. Yesterday was a day when America's commitment to the rule of law has been reaffirmed. Our Constitution promises that the government will treat everyone equally, and today's announcement is a recognition that that constitutional promise applies to LGBT people, too. It doesn't get much better than that.
The Department of Justice is required to give Congress an opportunity to defend DOMA. And Speaker of the House John Boehner has until March 11 to decide whether to hire a lawyer to defend DOMA, now that the Justice Department no longer will. That's where you come in:
But if the House does decide to press forward and defend DOMA, we'll be there too, ready to fight.
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News & CommentaryDec 2024
Civil Liberties
We Need to Know More 老澳门开奖结果 State Supreme Court CasesWe Need to Know More 老澳门开奖结果 State Supreme Court Cases
State Supreme Courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what鈥檚 on the docket. -
Press ReleaseDec 2024
Civil Liberties
New 老澳门开奖结果 Report Reveals Most State Supreme Courts Fail to Meet Key Transparency MeasuresNew 老澳门开奖结果 Report Reveals Most State Supreme Courts Fail to Meet Key Transparency Measures
NEW YORK 鈥� Nearly half of all state supreme courts across the country fail to regularly post new cases they are considering, with only six meeting four key transparency measures already implemented by the U.S. Supreme Court, according to a new report published today by the 老澳门开奖结果. The report identifies significant steps that state supreme courts should take to inform the public about their cases, which have only grown in importance as the federal judiciary has become more hostile to protecting core rights and advocates have turned to state protections and state court litigation in response. Based on an analysis of the practices and policies of the highest courts in each state, including D.C., the report 鈥淪corecard for State Supreme Court Transparency: How Does Your State Stack Up?鈥� ranks each state supreme court in five tiers based on compliance with four key transparency measures. These measures include posting new cases online in a timely manner, providing timely information about legal issues presented by cases, making dockets accessible and free for the public, and making merits briefing accessible and free for the public. 鈥淪tate courts regularly hear 鈥� and are the final word on 鈥� cases affecting abortion rights, voting rights, criminal justice reform, and more. Yet, in many instances, the highest state courts do not provide meaningful public access to information about cases affecting the rights and liberties of millions of people. We urge state supreme courts to bring more transparency to the critical work they do,鈥� said Julie Murray, co-director of the 老澳门开奖结果鈥檚 State Supreme Court Initiative. 鈥淚n the face of a federal judiciary increasingly unwilling to protect core rights and an incoming administration that threatens to exacerbate that problem, state courts are an important defense for our liberty. They should be leaders in transparency, too,鈥� said Bridget Lavender, Skadden Fellow with the Initiative. The report emphasizes that state courts 鈥減lay an outsized role鈥� in many parts of the law, but their ability to 鈥済uard our liberties depends in significant part on whether those courts adopt transparent processes.鈥� It further highlights that state supreme courts have led the way on enormously consequential decisions in recent years. In particular, some state supreme courts have recognized the right of same sex couples to marry, and did so long before federal courts. They have also declared the death penalty unconstitutional under state law despite contrary federal law, protected access to reproductive health care as a right even as that right was being stripped away at the federal level, and provided more robust protection to people subject to unreasonable searches and seizures. The report urges state supreme courts to take action to improve their transparency practices, taking notes from the courts that have already implemented these measures. It notes that regularly posting new cases and the issues they represent, and providing timely access to dockets and merits briefing allows the public, the press, and the legal community to track cases as they unfold, identify cases with statewide consequences, and understand what鈥檚 at stake. -
Press ReleaseNov 2024
National Security
+2 Issues
老澳门开奖结果 Urges House to Kill Bill that Could Give Trump Admin Power to Crush Dissent and Go After Political Enemies老澳门开奖结果 Urges House to Kill Bill that Could Give Trump Admin Power to Crush Dissent and Go After Political Enemies
WASHINGTON 鈥� The 老澳门开奖结果 strongly urges the House of Representatives to vote NO on H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, which would grant Donald Trump and his handpicked secretary of the Treasury power to investigate and effectively shut down any tax-exempt organization 鈥� including news outlets, universities, and civil society groups 鈥� by stripping them of tax-exempt status based on an unilateral accusation of wrongdoing. 鈥淧assing this bill would hand the incoming Trump administration a dangerous new tool it could use to stifle free speech, target political opponents, and punish disfavored groups,鈥� said Kia Hamadanchy, senior policy counsel at 老澳门开奖结果. 鈥淭he freedom to dissent without fear of government retribution is a vital part of any well-functioning democracy, which is why Congress must block H.R. 9495 before it鈥檚 too late.鈥� While there is a 90-day 鈥渃ure鈥� period in which a designated nonprofit can mount a defense, it is a mere illusion of due process. The government may deny organizations its reasons and evidence against them, leaving the nonprofit unable to rebut allegations. This means that a nonprofit could be left entirely in the dark about what conduct the government believes qualifies as "support," making it virtually impossible to clear its name. Last month, the 老澳门开奖结果 and a diverse array of over 130 other tax-exempt organizations 鈥� including human rights, reproductive health, and immigrants鈥� rights groups 鈥� wrote to Congress urging them to vote no. The letter also explains that the groups do not oppose the provisions in H.R. 9495 that relate to preventing the IRS from imposing fines and penalties on hostages while they are held abroad. Indeed, these provisions have already passed the Senate on their own, and if the House of Representatives were to pass a version of this bill that did not include the text of H.R. 6408, it could be sent immediately to President Biden for his signature. -
News & CommentaryNov 2024
Civil Liberties
Donald Trump Will Return to the White House in January. The 老澳门开奖结果 is Ready.Donald Trump Will Return to the White House in January. The 老澳门开奖结果 is Ready.
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