Tag Archives: Defense of Marriage Act

The Boy Who Cried “DOMA is Hurting Our Families!”

17 Aug

Christina Santiago and her fiancee Alisha Brennon

Yesterday, a terrible story made it around the LGBT blogosphere like wildfire. It was the story of a lesbian activist who was among those killed in the tragic stage collapse in Indiana last weekend. While her story is tragic enough, and the fact that she was set to join her partner in a civil union next September makes it even more heartbreaking, another story was making it’s way around. Word was getting out that the Indiana coroner who was in car of Christina Santiago’s remains was refusing to release them to her lesbian partner.

The story claimed that the coroner’s office cited the so-called Defense of Marriage Act for it’s reasoning in not releasing Santiago’s body. This of course would make anyone’s blood boil. The very thought that simply because of someone’s sexual orientation, they would be denied their partner’s remains after a tragic accident like this is sickening. The problem is it wasn’t at all true.

Santiago’s partner, who was apparently in no way legally bound to Santiago in Indiana or any other state, was in critical care at the hospital so she clearly could not have shown up to the morgue seeking to collect her partner’s body. The coroner’s office was making arrangements with Santiago’s aunt (who was listed as next-of-kin) and a friend of the couple’s was also assisting with those arrangements.

Now the purpose of this post is not to place blame on who released erroneous facts or who said what to whom. I merely want to point out the fact that we don’t need to make up stories like this to illustrate just how damaging and hateful the Defense of Marriage Act is.

Hundreds of stories every year surface about partners being denied hospital visitations, about husbands being ripped apart because one spouse lives in a different country, about wives fighting for health benefits, pensions and social security.

Congressman Gerry Studds, Husband Dean Hara and their dog, Bonnie

Gay and Lesbian Advocates and Defenders (GLAD) has an excellent printable book on their site which you can get to by linking the image below. The book features 20 stories of how DOMA harms American families. Many of these stories are heartbreaking and I’m sharing one here. This is the story of Dean Hara, the surviving husband of former Congressman Gerry Studds. We’ve discussed the Congressman here before as being the first openly-gay Congressman. But here’s his husband’s story and how he’s affected by DOMA today:

Dean met U.S. Representative Gerry E. Studds, the first openly gay member of Congress, through mutual friends in the early 1980s. They crossed paths in their Washington, DC neighborhood over the next 10 years, and began dating in January 1991. Less than nine months later Dean accepted when Gerry proposed a lifetime commitment and they exchanged rings.

Over the next five years Dean and Gerry as a couple attended congressional, public and political events in Washington and around the country. Dean wore the congressional spousal pin and in 1995 was given a congressional photo identification card as Gerry’s spouse.

Gerry decided not to run for re-election in 1996, and retired from public service after 24 years in Congress. He and Dean moved to Massachusetts with their new dog, Bonnie, and built a quiet life together with family and friends. They legally married in May 2004, one week after Massachusetts ended marriage discrimination.

On October 3, 2006 Gerry took Bonnie out for her morning walk. He collapsed from a blood clot in his lung and was rushed to the hospital. His health improved at first, but 10 days later his condition suddenly got worse, and he died in the early morning hours of October 14, 2006.

“Gerry and I spent 16 wonderful years together and I miss him,” says Dean. “I remember when he spoke on the floor of the U.S. House of Representatives during the debate about DOMA as I watched from the visitor’s gallery in July 1996. Back then, we didn’t know that we would ever be able to legally marry. Now that Gerry is gone, I’m always reminded that DOMA denies fair and equal treatment.”

Dean, now 53, works as a financial advisor and continues to live in Boston with Bonnie. Since Gerry’s death Dean has sought to be treated the same as other surviving spouses of retired federal employees.

“Gerry was a public servant for 27 years, worked hard for our country, and paid as much into the system as anyone else,” he says. “But after he died, I was treated differently than other surviving spouses. Every federal employee counts on their surviving spouses having basic protections, but the federal government denies me those protections because of DOMA.”

Make sure you go download the book from GLAD and share it with everyone you know.

 

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CA Sen. Dianne Feinstein to Introduce DOMA Repeal Bill

23 Feb

Hours after today’s announcement that Obama’s Dept of Justice would no longer be defending the discriminatory Defense of Marriage Act, California Senator Dianne Feinstein announced plans to introduce a bill that would repeal DOMA once and for all.

“My own belief is that when two people love each other and enter the contract of marriage, the federal government should honor that,” she said. “I opposed the Defense of Marriage Act in 1996. It was the wrong law then; it is the wrong law now, and it should be repealed.”

This could potentially move things forward with respect to states currently recognizing equality for all citizens. There are currently several cases in the courts where equality states are representing citizens who are not equally represented by the federal government. While same-sex couples legally married in one of the five states which currently recognize marriage equality (or the District of Columbia) benefit from state privileges, there are still more than 1100 federal rights and responsibilities denied same-sex couples because of DOMA.

This effort would mirror previous efforts by Rep. Jerrold Nadler (NY), Rep. Tammy Baldwin (WI) and Rep. Jared Polis (CO) who, in 2009, introduced the Respect for Marriage Act (which had 91 original co-sponsors in 2009).

While the repeal of a discriminatory policy such as Don’t Ask Don’t Tell, (which banned openly gay and lesbian servicemembers) benefited from widespread popular support, the pursuit of a repeal of DOMA takes a larger leap of faith for political leaders. Let’s hope other legislators join Feinstein in her progressive move in the interest of equality.

BREAKING: US District Judge Opens Door for DOMA Challenge

19 Jan

More and more challenges to the so-called “Defense of Marriage Act” (DOMA) have been hitting the courts and getting shafted by Federal Judges.

Today, we have a new ruling out of California, according to the San Francisco Chronicle, US District Judge Claudia Wilken of Oakland ruled that state employees can sue the federal government over their same-sex partners’ exclusion from long-term health care benefits. The judge denied a request from Obama’s Department of Justice to dismiss the case, opening the floodgates for lawsuits from gay federal employees around the country.

Currently, federal employees can enroll in federally-approved long-term health care plans. Employees of the state can buy coverage at below-market rates, use untaxed income to pay premiums and deduct future benefits from their taxes. The California agency has refused to sign up same-sex spouses because the Defense of Marriage Act denies federal tax benefits to any state that covers them.

Judge Wilken claimed that DOMA is “robbing states of the power to allow same-sex civil marriages that will be recognized under federal law” and made it clear she would be challenging parts of the law.

While this story doesn’t specifically address our personal stories, we thought it important to share the fact that a major decision was made today, that is in line with the decision of Judge Vaughn Walker’s which overturned California’s Proposition 8. With more and more judicial challenges to the bigoted Defense of Marriage Act, it’s only a matter of time before we see it overturned in US Courts.