First Circuit Court Upholds Ruling that DOMA is Unconstitutional

Today marks another successful step towards dismantling the federal ban on marriage equality as the First Circuit Court of Appeals upheld a lower court’s ruling that the Defense of Marriage Act (DOMA) was unconstitutional. A unanimous decision from a three-judge panel ruled that DOMA denies same-sex married couples the federal rights and privileges afforded to heterosexual couples across the United States despite the recognition of same-sex marriages in certain states. This decision responds to two cases; one brought by the state of Massachusetts and the other, Gill v. Office of Personnel Management, by Overbrook Grantee Gay & Lesbian Advocates & Defenders (GLAD).

GLAD is a New England-based organization using legal advocacy to fight discrimination against Americans based on sexual orientation, HIV status and gender identity and expression. The Overbrook Foundation specifically supports the organization for its work to challenge the constitutionality of the Defense of Marriage Act. Today’s decision is a victory for the movement to advance the freedom to marry in the United States. It is another important step as the momentum of support for same-sex marriage only continues to expand in 2011 and 2012.

While, as reporters, advocates and allies have recognized, this is only the first decision in the federal appeals process for the cases. Nevertheless, it does represent one more step towards these cases reaching the Supreme Court and the eventuality of the highest court ruling on the constitutionality of DOMA. Beyond advocacy work on the state-level to recognize and allow same-sex marriage, repealing DOMA continues to be an extremely important objective for the movement. We are proud to support GLAD as it continues with its excellent legal work and its determination to eventually eliminate this discriminatory federal law.

For more information, GLAD has published a press release and the court’s written decision after the case was decided. Mainstream media outlets, such as the New York Times, have also picked up this news of this decision and I am sure there will be more opinion and news coverage in the next few days.

New Hampshire House of Representatives Votes Against Proposed Legislation to Repeal Marriage Equality

Yesterday, New Hampshire’s House of Representatives voted against proposed legislation intended to repeal marriage equality by a margin of 211 to 116. New Hampshire’s state legislature had voted for marriage equality in 2009 when the legislature had a democratic majority, but the law has come under attack since Republicans gained control of the house in 2010. However, with strong bipartisan support, the house renewed its commitment to ensuring marriage rights to same-sex couples in New Hampshire, with both this vote and the rejection of the Bates Amendment, which would have led to a ballot measure in November proposing a return to civil unions for gay and lesbian couples instead of the current freedom of marriage.

As Overbrook grantee Freedom to Marry has reported, repealing marriage equality in New Hampshire was a top priority for anti-gay organizations this year. The excellent organizing and advocacy work by the bipartisan coalition of civic, religious and political leaders making up Standing Up For New Hampshire Families, in which Freedom to Marry participated, helped to thwart these efforts. Marc Solomon, National Campaign Director for Freedom to Marry, released the following statement: “Our opponents tried to abuse the 2010 Republican legislative sweep in New Hampshire to repeal the popular law. What they didn’t count on was the fact that the freedom to marry is becoming a bipartisan value, as resoundingly reflected in today’s vote.” He continued, “We are grateful to Governor John Lynch for his principled defense of the freedom to marry law, and to the many lawmakers—both Republican and Democrat—who listened carefully to their constituents and recognized that New Hampshire is stronger when all committed couples can share in the freedom to marry.”

Here at Overbrook, we are pleased to see a recognition of the human and civil rights of all families and couples in New Hampshire through this broad bipartisan support for marriage equality. While there will be many more battles on this issue around the United States, this vote represents the ever increasing support of Americans for marriage equality. The Overbrook Foundation congratulates to Freedom to Marry and the other members of the coalition on their hard work to ensure the decisive margin of victory in this vote and to open the hearts and minds of both politicians and constituents to the critical importance of preserving marriage equality for all.

For more information, please see the blog from Freedom to Marry and a blog post from Gay & Lesbian Advocates & Defenders (GLAD), another Overbrook grantee involved with the coalition of advocates working to preserve civil marriage for same-sex couples in New Hampshire.