32 States To SCOTUS: Rule On Marriage

In two separate briefs, a total of 32 states have asked the Supreme Court to make a final ruling on same-sex marriage. Via the Associated Press:

Fifteen states that allow gay marriage, led by Massachusetts, filed a brief asking the justices to take up three cases from Virginia, Utah and Oklahoma and overturn bans. And 17 other states, led by Colorado, that have banned the practice asked the court to hear cases from Utah and Oklahoma to clear up a "morass" of lawsuits, but didn't urge the court to rule one way or another. Massachusetts was joined by California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, New Mexico, New York, Oregon, Pennsylvania, Vermont, and Washington.

Colorado's brief argued that the definition of marriage faces legal challenges only the Supreme Court can resolve, and that without a Supreme Court decision, states defending bans could be liable for huge legal bills from future lawsuits if they are overturned. It was written by Daniel D. Domenico, the state's solicitor general, and Michael Lee Francisco, assistant solicitor general. Colorado was joined by Alabama, Alaska, Arizona, Georgia, Idaho, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, West Virginia and Wisconsin.

Via press release from Massachusetts AG Martha Coakley:

“Our experience in Massachusetts clearly shows that allowing same-sex couples to marry has only benefitted families and strengthened the institution of marriage,” AG Coakley said. “We urge the U.S. Supreme Court to take up this important civil rights issue and ensure equal access to marriage for all couples nationwide. Laws that bar same-sex couples from marrying are discriminatory and unconstitutional. The time has come for this critical issue to be resolved.”

Today’s brief was filed in support of the petitions for Supreme Court review filed in three cases: Rainey v. Bostic, out of the U.S. Court of Appeals for the Fourth Circuit, and Herbert v. Kitchen and Smith v. Bishop, out of the U.S. Court of Appeals for the Tenth Circuit.

A total of 31 states still do not permit marriages between same-sex couples, nor do they recognize same-sex marriages licensed by other states. The brief argues that by withholding the rights, protections, and obligations associated with marriage, these states relegate gay and lesbian couples and their families to a second-class status that is impermissible under the Fourteenth Amendment to the U.S. Constitution.

The Coakley brief is here.

Massachusetts AG Martha Coakley Asks SCOTUS To Uphold DOMA Overturn

Via press release:

The AG’s Office has filed a brief with the U.S. Supreme Court in response to a defense request for review of the First Circuit Court of Appeals ruling that struck down the Defense of Marriage Act (DOMA) as unconstitutional. In its brief, the AG asks the Supreme Court to uphold rulings by lower courts that found DOMA unconstitutional.

In 2009, under Attorney General Martha Coakley’s direction, Massachusetts became the first state in the nation to file a complaint alleging that DOMA, which affects more than 1,100 federal statutory provisions, violates the United States Constitution by interfering with the Commonwealth’s sovereign authority to define and regulate the marital status of its residents.

The complaint also alleged that DOMA exceeds Congress’s authority under the Spending Clause because Congress does not have a valid reason for requiring Massachusetts to treat married same-sex couples differently from all other married couples, and that it unlawfully requires Massachusetts to disregard valid marriages in its implementation of federally funded programs.

Earlier this month both the Department of Justice and a legal team funded by the House GOP requested Supreme Court review of the above case. Read Coakley's brief.

Freep This Boston Globe Poll

Massachusetts Attorney General Martha Coakley will hold a DOMA press conference at 3:30PM today. In the meantime, you know what to do.

Maddow Show On DOMA Ruling

Starring our hero, MA Attorney General Martha Coakley.

DOMA RULING #1: Massachusetts Vs. U.S. Department Of Health & Human Services

I've uploaded the PDF of the court's decision to my Scribd account. Feel free to grab the embed code for your own sites. Click on "full screen" to read the entire 36-page ruling.

TOMORROW: Feds To Hear Mass. AG Martha Coakley's DOMA Challenge

Massachusetts Attorney General Martha Coakley's lawsuit against DOMA will be heard tomorrow in a Boston federal district court. Via press release:

Judge Joseph L. Tauro will hear oral argument from Attorney General Martha Coakley’s office, in the Commonwealth’s constitutional challenge to the federal Defense of Marriage Act (DOMA). On July 8, 2009, the Attorney General filed suit on behalf of the Commonwealth in federal district court. Since that time, the Department of Justice has filed a motion to dismiss the suit, and the Commonwealth has filed a motion for summary judgment. The Commonwealth, which has submitted affidavits from experts and state agencies in support of its motion, is asking the federal court to decide DOMA’s constitutionality at this time without need for a trial on the issue. Both motions will be argued before Judge Joseph L. Tauro.

The Commonwealth contends that DOMA, which defines marriage as a union between one man and one woman, violates the United States Constitution by interfering with the Commonwealth’s sovereign authority to define and regulate the marital status of its residents. Massachusetts also argues that DOMA exceeds Congress’s authority because it requires Massachusetts to violate the constitutional rights of its residents by treating married same-sex couples differently from all other married couples in order to receive federal funds for various programs.

Earlier this month the same judge heard arguments in GLAD's DOMA challenge, Gill v. Office of Personnel Management.

Phyliss Schlafly: Feminists Are Ugly

Eagle Forum executive harridan Phyliss Schlafly says that Scott Brown beat Martha Coakley because she's a physically "unappealing" feminist. The Handmaidens seated at Schlafly's feet cackled in appreciation. Schafly goes on to say that the reason so many women are in politics is because they been unshackled by the the drudgery of housework by dishwashers and dryers.

MA: Scott Brown Wins, Coakley Concedes

It is as it was feared.

In a dramatic upset that will end Democrats' super majority in the Senate, Massachusetts Republican Scott Brown defeated Democrat Martha Coakley to claim the seat held by the late Ted Kennedy for more than 46 years. Coakley called Brown to concede the race shortly before 9:30 p.m., a Democratic aide told ABC News. After Brown's victory was announced, the throng of supporters at his campaign headquarters chanted "John Kerry's next." Brown's victory makes him the 41st Republican in the Senate, meaning Democrats will no longer be able to prevent a Republican filibuster -- a major complication for President Obama's agenda and health care legislation currently pending in Congress.

Horrible. We have our first teabagger U.S. Senator. Or at least, the first swept into office with their support.

Scott Brown: Seat Me At Once

The polls haven't even closed in Massachusetts yet, but Scott Brown is telling the media that he is going to Washington tomorrow to demand that he be seated at once so that he can immediately begin tearing down our tyrannical Marxist overlords. The GOP has been screaming that Democrats are plotting to delay Brown's official recognition until the coming healthcare vote is made. The winner must be certified by the Massachusetts Secretary of the Commonwealth, who is an elected Democrat. After that, the Senate must also recognize the winner.

Teabaggers For Scott Brown

JMG reader Wilson tips us to this teabagger clip for Scott Brown in which they say that a vote for him is a vote against the "tyrannical government of Obama." The music is a riot. The comments on YouTube, not so much.

Martha Coakley's Last Push

The teabaggers are putting everything they've got into the campaign of Scott Brown, hoping to humiliate the president now that he's so strongly endorsed Martha Coakley.

Obama Heckled At Coakley Rally

Massachusetts: NOM Making Anti-Gay Robocalls In Support Of Scott Brown

NOM is making to anti-gay robocalls to Massachusetts residents in support GOP U.S. Senate candidate Scott Brown. And of course, they're doing so by attacking Attorney General Martha Coakley's position on same-sex marriage. Via DC Agenda:

A supporter of Democratic candidate Martha Coakley recently relayed to DC Agenda a message from someone who said they received a robocall from NOM that attacks Coakley for her views on marriage and encourages a vote for Republican candidate and state Sen. Scott Brown:

Our household just got an automated call from the “National Organization for Marriage,” with a 202 area code. The auto call features a male voice, which is clearly a recording, asking if you support marriage as being only between a man and a woman. If you say “yes,” then the voice urges you to vote for Scott Brown as the only candidate with a proven record of supporting marriage as between a man and a woman. The call says that his opponent is a “radical” supporter of same-sex marriage who has opposed letting the people decide and has used taxpayer dollars to support the agenda of same-sex marriage. The call ends by asking if “we can count on you to vote for Scott Brown.” The quality of the recording is mediocre at best.

Scott Brown Flashback

Teabaggers hero Scott Brown, who is running against MA Attorney General Martha Coakley in Tuesday's special election to replace Ted Kennedy, said he's not so sure that the president's parents were married when Obama was born. This clip is from the 2008 GOP convention.

Obama Issues Message Of Support For Martha Coakley For Senate

On Tuesday Massachusetts votes on Ted Kennedy's Senate replacement, a contest that attracted huge donations from health care reform opponents. Today the president issued the below endorsement of MA Attorney General Martha Coakley, an outspoken advocate for health care reform AND a friend of the LGBT community.

UPDATE: GOProud head Christopher Barron has posted another diatribe, this time accusing the "gay left" of "smearing" Coakley's opponent, one-time Cosmo centerfold Scott Brown, whom Barron supports. Via DC Agenda:

The gay left, always willing to do the bidding of the DNC, is attempting to characterize Scott Brown as ‘anti-gay’. This paper ran a headline that blared “Could an anti-gay Republican win Kennedy’s Seat?” The Edge, a New England gay paper, had a similar headline in December, “Anti-gay Mass. Pol Seeks to Succeed Kennedy.” Unfortunately there are far too many folks in this country who deserve the label anti-gay, and some of those folks are politicians. Indeed some people in this country make a living demonizing gay people and our families. However, attaching the label “anti-gay” to every single politician or person who is not 100 percent aligned with the political agenda of the gay left is not only unfair but wildly counter-productive. In the case of Scott Brown, the gay left is guilty of being little more than the partisan boy who cried wolf.

What’s the truth about Scott Brown? I will concede up front, that Scott Brown doesn’t support same-sex marriage. Brown, however, has stated that same-sex marriage in Massachusetts is settled law and that he personally supports civil unions. Brown has also said that he believes marriage is a state issue and that each state should be free to make its own law regarding same-sex marriage. Sound familiar? It should, because it’s the same position taken by President Barack Obama.

Martha Coakley Wins Primary In Special Election To Replace Ted Kennedy

Massachusetts Attorney General Martha Coakley has won the Democratic primary to replace Ted Kennedy in the U.S. Senate.

The victory came at a critical time for President Barack Obama's Democratic Party, which is counting on maintaining its 60-seat majority in the 100-member Senate as the body wrestles with legislation for a sweeping overhaul of the U.S. healthcare system. Coakley, 56, will face Republican state legislator Scott Brown in the January 19 election for the legendary Senate seat, which Edward Kennedy took over from his older brother, President John F. Kennedy. Coakley is heavily favored to win and to serve the rest of Kennedy's term in the Senate, which will run through 2012. The liberal New England state has not elected a Republican to the Senate in almost 40 years, though it has had a Republican governor for most of the past two decades. "The election is over," said Jeffrey Berry, a professor of political science at Tufts University. "We have to vote in January, but the outcome is preordained. Coakley will win."

In July Coakley filed a suit against the federal government claiming that DOMA discriminates against the citizens of her state, making her an instant favorite among LGBT activists.

Obama Administration Defends Against Massachusetts DOMA Repeal Suit

Aaaand here we go again.

States that allow gay marriage can't force the federal government to provide benefits to those couples, the Obama administration argued Friday in court papers in a lawsuit by Massachusetts. The Justice Department is at odds with Massachusetts — the first state to allow gay marriage — over a 1996 federal law defining marriage as a union between a man and a woman. Massachusetts sued in July, saying that law is discriminatory and deprives gay couples in the state of some federal spousal benefits.

The Obama administration agrees the Defense of Marriage Act, or DOMA, is discriminatory and wants it repealed, but says it has an obligation to defend laws enacted by Congress while they are on the books and can be reasonably defended. The law "does not prohibit gay and lesbian couples from marrying, nor does it prohibit the states from acknowledging same-sex marriages," according to the court filing by Assistant Attorney General Tony West. Massachusetts, the filing continues, is trying to claim individuals have a right to federal benefits based on marital status. "There is, however, no fundamental right to marriage-based federal benefits," according to the 36-page filing.

The suit was filed by Massachusetts Attorney General Martha Coakley, who is running for Ted Kennedy's seat in the U.S. Senate.

Mass AG (And DOMA Opponent) Martha Coakley To File For Kennedy's Seat

Massachusetts Attorney General Martha Coakley, who in July filed a federal challenge to DOMA, is the first candidate to request paperwork for the special January election to replace the late Ted Kennedy in the U.S. Senate.

Ms. Coakley, 56, who has not officially announced her candidacy, is required to gather 10,000 valid signatures by Oct. 20 to participate in the Dec. 8 primary. The special election for Mr. Kennedy’s seat will be held Jan. 19. The state legislature is to hold a hearing on Sept. 9 on Senator Kennedy’s request, made shortly before his death, that it change the law and allow Gov. Deval Patrick to appoint an interim senator. Mr. Patrick is a Democrat. Other people who have been mentioned as possible contenders for Mr. Kennedy’s seat include his widow, Victoria Reggie Kennedy, although people close to the family have said she is not interested; Mr. Kennedy’s nephew former United States Representative Joseph P. Kennedy II; former United States Representatives Michael E. Capuano, Steven F. Lynch and Edward J. Markey; and former United States Representative Martin T. Meehan, who retired in 2007 to become the chancellor at the University of Massachusetts, Lowell.

Coakley seems like a very strong contender, but we all know how Massachusetts feels about any Kennedy, should former Rep. Joseph II decide to run.

Mass AG Files Federal DOMA Suit

Massachusetts Attorney General Martha Coakley filed a lawsuit today challenging the federal government for denying equal benefits to the citizens of her state under DOMA.

In March, Coakley expressed strong support for GLAD's similar DOMA challenge, saying, "DOMA is a law that codifies discrimination on the basis of sexual orientation. Because of this law, individuals in same-sex marriages often pay more in federal income taxes, are not eligible for surviving spouse benefits from the Social Security Administration and, if they are employed by the federal government, cannot obtain healthcare coverage for their spouses."