As expected the State of New Hampshire has jumped into the fight to find the Defense of Marriage Act (DOMA) unconstitutional. DOMA is Congresses response to state allowing ‘gay marriage’. New Hampshire and many other states have already passed laws giving the same-sex couples the same rights as any other married couple.
To ensure that New Hampshire’s citizens and all Americans are treated equally under the law, Governor Maggie Hassan and Attorney General Mike Delaney announced today that New Hampshire has joined more than a dozen other states in two amicus briefs to the United States Supreme Court defending the right to civil marriage for all couples, regardless of sexual orientation.
“Throughout our history, every time we have sought to include all people in the life of our democracy, we have grown stronger,” Governor Hassan said. “I’m proud that New Hampshire has led the way in ensuring marriage equality for all of our citizens, because encouraging strong marriages for loving couples strengthens families and communities. We are urging the Supreme Court to strike down these discriminatory measures because all New Hampshire married couples should receive fair and equal treatment from the federal government.”
Although New Hampshire legally recognizes their marriages, same-sex couples continue to be discriminated against by the federal government. For example, same-sex spouses on a family health plan have to pay taxes on the coverage, while other married couples do not. Same sex couples cannot file their taxes jointly. Nor can they collect survivor benefits.
“First and foremost, this is a fairness and civil rights issue, but it is also an economic issue for our state, our businesses and our families,” Governor Hassan said.
Governor Hassan is right, this is our generations civil rights fight. Before it was a woman’s right to vote, then it was equal rights for all regardless of color, now it is equal rights for all regardless of sexual orientation.
This is also why I was proud to see that the State of New Hampshire will have some good company in this fight to overturn DOMA. The American Federation of Government Employees (AFGE) joined with the AFL-CIO and other labor organizations in urging the U.S. Supreme Court to declare the Defense of Marriage Act unconstitutional.
“The Defense of Marriage Act discriminates against a group of Americans for no other reason than their sexual orientation, denying them basic rights and protections that so many of us take for granted,” AFGE National President J. David Cox Sr. said. “It is time for the Supreme Court to strike down this unconstitutional law so all of our citizens are treated equally under the law, no matter who they choose to marry.”
“The Defense of Marriage Act discriminates against a group of Americans for no other reason than their sexual orientation, denying them basic rights and protections that so many of us take for granted,” AFGE National President J. David Cox Sr. said. “It is time for the Supreme Court to strike down this unconstitutional law so all of our citizens are treated equally under the law, no matter who they choose to marry.”
AFGE was actively involved in preparing the amicus brief filed today by the AFL-CIO (a federation of 56 unions, including AFGE), Change to Win and the National Education Association. AFGE also is supporting efforts to strike down the 2008 ballot initiative that declared same-sex marriage illegal in California, and filed a legal brief in 2011 in a separate case brought by federal employees with same-sex spouses and survivors of federal employees who have been denied federal benefits under DOMA.
“By denying married, same-sex couples access to the same federal benefits that heterosexual married couples receive, DOMA violates the constitutional principles upon which this country was founded,” AFGE General Counsel David Borer said.
“Federal employees who are married to a spouse of the same-sex have been directly harmed by DOMA,” said Leisha Self, AFGE Legal Rights Attorney for the 14th District. In addition to disparate treatment with regard to federal taxes, federal employees can’t add their same-sex spouses to their benefits, often forcing them to pay higher costs or receive less coverage for health insurance, vision and dental insurance and flexible spending accounts.
“Denying some federal employees, solely because of their sexual orientation, the benefits that their co-workers enjoy is unfair to these dedicated civil servants and their spouses, and it is antithetical to federal non-discrimination principles,” Self said. “AFGE cannot support this unfair, separate and unequal approach to federal employee benefits.”
The repercussions of this decision will have dramatic and lasting implications throughout the United States. If the law is overturned this would allow for same-sex couples to receive the same benefits from the federal government as any married couple. This could also begin to force those state who are currently opposing to adopt a legislative change to allow for ‘gay marriage’.
Today I am proud of my Governor and all of the Labor Unions who have joined in this fight to protect the rights of our LGBT community.