Pedantic Political Ponderings: Lambda Legal

Showing posts with label Lambda Legal. Show all posts

04 June 2012

4 June 2012: Marriage News Watch

10 May 2012

10 May 2012: Marriage News Watch, 2012's Biggest Marriage Milestones So Far

17 April 2012

Praise: Lambda Legal Sues in Nevada

The march toward fully equality for the LGBTQ Community continues with Lambda Legal's lawsuit, filed 10 April 2012 in the United States District Court for Nevada. From the press release:

“Every day that same-sex couples in Nevada are denied marriage equality, the government sends a message that their families are not worthy of equal dignity and respect,’” said Lambda Legal Staff Attorney Tara Borelli.

In the lawsuit, Lambda Legal, joined by pro bono co-counsel from O’Melveny & Myers LLP and Snell & Wilmer LLP, argues that the Nevada constitutional amendment barring same-sex couples from marriage violates the Equal Protection Clause of the U.S. Constitution.

The lead plaintiffs, Beverly Sevcik, 73, and Mary Baranovich, 76, of Carson City, have been together for nearly 41 years and committed their lives to each other in October, 1971. Together, they raised three children, and they are now proud grandmothers of four grandchildren.

Equality is important not just for Ms. Sevcik and Ms. Baranovich but also for their children and grandchildren. End of life healthcare and inheritance are among the issues of concern.

The other plaintiffs in the case are: Antioco Carrillo and Theo Small of Las Vegas, who have been together since 2006; Fletcher Whitwell and Greg Flamer of Las Vegas, who have been together for 14 years and adopted a baby girl last year; Karen Goody and Karen Vibe of Reno, who have been engaged since 2005; Mikyla and Katie Miller of Reno, who are expecting a baby girl in July; Adele Terranova and Tara Newberry of Las Vegas, who are raising two children; Caren and Farrell Cafferata-Jenkins of Carson City, who have been together for 15 years and are raising two sons; and Megan Lanz and Sara Geiger of Las Vegas, who have been together since 2004 and have a daughter.

Lambda Legal has been doing important work for a long time. They were responsible for striking down anti-sodomy laws in Lawrence v. Texas. Their importance of their efforts to gain civil and human rights for the LGBTQ Community cannot be overstated.

16 April 2012

16 April 2012: Marriage News Watch

14 March 2012

Praise: Overruled! a Lambda Legal victory movie

This movie tells the story of the overruling of sodomy laws by the United States Supreme Court. The achievement of Lambda Legal in Lawrence v. Texas. Twenty minutes of fascinating history.

21 February 2012

FollowUp 10: NJ Democrats Call for Marriage Equality

Breaking News from Garden State Equality and Lambda Legal:

In our marriage equality case Garden State Equality v Dow, in which Garden State Equality and seven couples are represented by Lambda Legal and the Gibbons law firm, the state trial court has reinstated our claim of federal equal protection.

The court had already upheld our claim of state equal protection. So now our case will be heard on both state and federal constitutional grounds.

It's a happy day as we pursue all roads to justice, marriage equality in the courts and marriage equality via an override in the state legislature.

Best,
Steven Goldstein
Chair, Garden State Equality

This is very good news. It is not yet on the Lambda Legal website. It is my opinion that the federal grounds are far more important. Until there is marriage equality that is portable from state to state and recognized for federal purposes, we are not equal citizens.

Update 28 February 2012: On 21 February, Lambda Legal put this on their website:

(Trenton, February 21, 2012) – In response to the plaintiff’s request for reconsideration, a New Jersey Superior Court today reinstated the federal equal protection claim in Lambda Legal’s case seeking marriage equality on behalf of Garden State Equality and seven same-sex couples and their children harmed by the state’s unequal civil union system.

There is also commentary from Lambda Legal.

"We are pleased that the New Jersey Superior Court will allow us to show how civil unions fail to provide to same-sex couples the equality promised by both the New Jersey Constitution and the 14th Amendment of the U.S. Constitution," said Jon Davidson, Legal Director at Lambda Legal. "Having both a state and federal equal protection claim will only make our case stronger. We look forward to presenting a complete record of the discrimination that New Jersey’s same-sex couples and their children face because of their relegation to civil unions rather than marriage."

"Civil union consigns New Jersey’s same-sex couples to second-class status and it continues to harm families. New Jersey’s exclusion interferes during medical crises, leads to the denial of health insurance, and contributes to discrimination even in funeral homes. These families need marriage equality and should not have to live with a law that treats them as inferior," Davidson continued.

9 January 2012, Original Pedantic Political Ponderings post.

25 January 2012, FollowUp 1.

26 January 2012, FollowUp 2.

28 January 2012, FollowUp 3.

30 January 2012, FollowUp 4.

31 January 2012, FollowUp 5.

3 February 2012, FollowUp 6.

10 February 2012, FollowUp 7.

13 February 2012, FollowUp 8.

18 February 2012, FollowUp 9.

18 February 2012

FollowUp 9: NJ Democrats Call for Marriage Equality

It was a very busy week. As I noted previously, on Monday 13 February the New Jersey Senate passed marriage equality by a vote of 24 - 16. That was good but it would take 27 votes to override a veto. Then on Thursday 16 February the New Jersey Assembly passed marriage equality by a vote of 42 - 33. As with the NJ Senate, this was good but it would take 54 votes to override a veto. The bill was delivered to Governor Chris Christie Friday morning. The veto was signed the same afternoon.

There are a few interesting twists that accompanied the veto. First, there are attached protections for LGBTQ citizens of New Jersey, from the Washington Blade:

Christie’s veto of the bill was conditional. It included the creation of what he called an ombudsman for civil unions that he said would “carry on New Jersey’s strong tradition of tolerance and fairness.”

Christie maintained in his statement that he’s been “adamant” that same-sex couples in civil unions, which are legal in New Jersey, deserves the same rights and benefits as married couples.

“Discrimination should not be tolerated and any complaint alleging a violation of a citizen’s right should be investigated and, if appropriate, remedied,” Christie said.

The same article also noted the ongoing litigation for marriage equality by Lambda Legal of New Jersey.

Litigation is also underway in New Jersey state courts to win marriage rights for couples in New Jersey. In June, Lambda Legal filed a lawsuit arguing that barring same-sex couples from marriage and relegating them to civil union status violates the New Jersey Constitution.

Hayley Gorenberg, Lambda’s deputy legal director, said her organization is “disappointed” with Christie, but will keep on the fight to win marriage equality with the tools at hand.

“We’ll continue to make our case for equality with our plaintiffs in court,” Gorenberg said. “We also stand by our colleagues at Garden State Equality, working to gain support for a veto override in the legislature.”

In November, Lambda defeated defendants’ attempt to dismiss the case, and the judge ruled it could proceed. A trial is expected early in 2013.

From a press release November 2011, Lambda Legal:

In 2002, Lambda Legal filed a historic case, Lewis v. Harris, seeking marriage equality on behalf of seven New Jersey couples. The case reached the New Jersey Supreme Court in 2006. The high court ruled unanimously that same-sex couples must be provided all the benefits and responsibilities of marriage, although it declined at that time to mandate that marriage was specifically required, and gave the state legislature 180 days to provide equality. The legislature hastily passed a civil union law in December 2006, and began issuing civil union licenses to lesbian and gay couples in February 2007.

In December 2008 the Civil Union Review Commission, appointed by the legislature pursuant to the Civil Union Act itself, issued its unanimous report documenting how civil unions fall short of providing the court-mandated equality for same-sex couples. In January 2010, days before the legislative session ended, the New Jersey Senate voted on and failed to pass a marriage equality law. On March 18, 2010, Lambda Legal filed a motion in aid of litigants' rights asking the New Jersey Supreme Court to intercede and order marriage to secure compliance with its original mandate of equality for the Lewis v. Harris plaintiffs, but in July 2010, the New Jersey Supreme Court denied the motion, requiring further proceedings to develop a record in Superior Court.

Given the steep challenge of convincing legislators to change their votes, my guess is that the lawsuit has a greater chance of resulting in marriage equality than the legislature has of overriding Governor Christie's veto. Either way, New Jersey marriages of same gender couples will be no more real than those in Massachusetts and five other states until the Federal government is no longer under DOMA and gay couples are treated as equal citizens.

9 January 2012, Original Pedantic Political Ponderings post.

25 January 2012, FollowUp 1.

26 January 2012, FollowUp 2.

28 January 2012, FollowUp 3.

30 January 2012, FollowUp 4.

31 January 2012, FollowUp 5.

3 February 2012, FollowUp 6.

10 February 2012, FollowUp 7.

13 February 2012, FollowUp 8.

21 February 2012, FollowUp 10.

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