UPDATE: Frances and Takako and Tim and Edwin are among five plaintiff couples suing the federal government in a new challenge to the federal-recognition component of the Defense of Marriage Act, filed by Immigration Equality and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP. Executive Director Rachel Tiven:
The families in today’s lawsuit meet every qualification for immigration benefits, with the sole exception that they happen to be lesbian or gay. Solely because of their sexual orientation, they have been singled out, under federal law, for discrimination and separation. That’s not only unconscionable; it is unconstitutional. We know DOMA cannot withstand careful review, and we know we will prevail on their behalf.
Judge Jeffrey White of the Northern District of California, a Bush nominee, ruled last month against the federal-recognition component of the Defense of Marriage Act, saying:
The Court has found that DOMA unconstitutionally discriminates against same-sex married couples.
In so doing, Judge White ruled in favor of Karen Golisnki, a Ninth Circuit staff attorney, who had sought the enrollment of her wife, Amy Cunninghis, in her existing family coverage health insurance plan with Blue Cross and Blue Shield. Now the spousal coverage can be granted.
In compliance with that Order, OPM hereby withdraws any outstanding directive regarding the enrollment of Ms. Golinski’s wife, Amy C. Cunninghis, in her family health benefits plan. Please implement an expeditious enrollment of Ms. Cunninghis, pursuant to the Standard Form 2809 dated September 2, 2008 as supplemented by this letter and consistent with the Court’s Order of February 22, 2012.
Judge White’s ruling is consistent with previous rulings and marks yet another step forward in the fight for the freedom to marry. Though applying only to Karen and Amy, it’s a strong statement that legally married couples shouldn’t have to go to court in order to access healthcare. (Click here to learn about the backlash.)
It’s also the latest sign that conservatives in Congress have a tough road ahead in their political push to keep DOMA on the books. On Monday, Representative Jerrold Nadler and the other lead sponsors of the Respect for Marriage Act sent a letter to Speaker Boehner asking that he abandon his defense of DOMA.
At a time when families are struggling to make ends meet and asking Congress to focus on jobs, the economy, and federal spending, all Members should be concerned that taxpayers dollars are being used to pay costly legal fees to make arguments that lack adequate factual or legal support, in pursuit of a law that is not worthy of a defense.
Senator Patrick Leahy is also taking a stand.
I am confident that justice and fairness will prevail in the end. Our Nation is too noble and our sense of liberty too strong to tolerate injustice without end. I am heartened by the progress that we are seeing across the country. Public consciousness is evolving, and will reach the point at which discrimination based on sexual orientation becomes another sad relic of our past. I believe we will look back at these prejudices with disappointment and regret, just as we have at other points in our history. But the capacity of our Nation to evolve and progress is a defining characteristic of the American spirit. And the American people ultimately come to reject that which is fundamentally unfair and unjust.
Senator Leahy is the lead sponsor of the Uniting American Families Act, a bill that would allow same-sex “permanent partners” to be united legally through the US immigration process, making them eligible for green cards and immigrant visas. To protect against abuse, UAFA imposes the same penalties for immigration fraud as those currently imposed on married heterosexual couples – and in some cases sets the bar higher for same-sex couples.
Frances Herbert and Takako Ueda, two of Senator Leahy’s constituents, are legally married in Vermont. But Frances cannot sponsor Takako for immigration because they are not married under the eyes of the federal government. After over a decade together, DOMA repeal and, short of that, UAFA are the only ways to ensure that this loving couple is not torn apart or forced to live in a permanent state of uncertainty.
Please support Frances and Takako. And Tim and Edwin. And Michael and Gordon. Then take a moment to add your name to PFAW’s petition urging Congress to Dump DOMA and end this unconstitutional, discriminatory policy once and for all.