NEWSDEFENSE OF MARRIAGE ACT

Imagine that you have two options: 1. End your life early with your true love, or 2. Live longer without your better half.

After more than 19 years with his spouse, Bradford Wells is being forced to make such a decision. His husband, Australian citizen Anthony John Makk, has only three more days to legally live in the United States. If Bradford and Anthony were in a “traditional” marriage, U.S. Citizenship and Immigration Services would bend over backward to keep the couple together. Unfortunately for them, and 26,000 other same-gender, bi-national couples in the US, the Defense of Marriage Act (DOMA) bars federal recognition of same-gender marriages. USCIS must abide by a discriminatory law that the Obama administration refuses to defend.

Bradford and Anthony have been married for 7 years, one of the first gay couples to marry in the US after Massachusetts legalized marriage equality. In the eyes of the federal government, however, they are little more than glorified roommates.

Bradford is also suffering from AIDS complications. Anthony is his caregiver but Bradford cannot move to Australia because of his health. Without his US health insurance and the care of his husband, Bradford’s prognosis is grim. Not only is their relationship in jeopardy due to discrimination and bigotry, Bradford’s very health hangs in the balance.

The couple pays joint taxes like a heterosexual married couple but do not receive any of the benefits. “We have all the responsibilities, do the penalty parts of marriage, but then when it gets to the same benefits, we’re told no, you don’t qualify. The government has decided they don’t like who I marry. For the federal government to say this isn’t a marriage – it’s degrading,” says Bradford.

Today President Obama endorsed the Respect for Marriage Act, a bill that would strike down DOMA and give legally married gays and lesbians the same federal rights and responsibilities as married straight couples.

Shin Inouye, a spokesperson for the White House, told Change.org, "The President has long called for a legislative repeal of the so-called “Defense of Marriage Act,” which continues to have a real impact on the lives of real people – our families, friends and neighbors," Inouye said.  "He is proud to support the Respect for Marriage Act, introduced by Senator Dianne Feinstein and Congressman Jerrold Nadler, which would take DOMA off the books once and for all.   This legislation would uphold the principle that the federal government should not deny gay and lesbian couples the same rights and legal protections as straight couples.

The question was originally asked by Metro Weekly's Chris Geidner earlier today at the White House Press briefing. Watch White House Press Secretary Jay Carney respond to Geidner here:

There are more than 1,000 federal rights and responsibilities gays and lesbians do not have access to because of DOMA. Thousands of legally married gays and lesbians throughout the country are taxed differently, are denied social security survivor benefits, and same-sex spouses of military personal will not receive the same death benefits of straight spouses when their loved ones die in combat.

It took them some time to get there, but American law firm King & Spalding finally decided earlier this week to pull the firm out of a contract that would see them defending the Defense of Marriage Act (DOMA). Change.org's Michael Jones created a petition on the issue last week.

“In reviewing this assignment further, I determined that the process used for vetting this engagement was inadequate,” said Firm Chairman Robert D. Hays Jr. “Ultimately I am responsible for any mistakes that occurred and apologize for the challenges this may have created.”

The lawyer hired to defend DOMA has resigned from King & Spalding over the decision, saying that he will take the case wherever he goes. That lawyer, former Bush Solicitor General Paul D. Clement, said the firm had a duty to resist pressures and to complete the task that it was hired to do. You know, that thing about defending anti-gay discrimination. Great task!

“I resign out of the firmly held belief that a representation should not be abandoned because the client’s legal position is extremely unpopular in certain quarters,” he wrote in a letter. “Defending unpopular clients is what lawyers do. I recognized from the outset that this statute implicates very sensitive issues that prompt strong views on both sides. But having undertaken the representation, I believe there is no honorable course for me but to complete it.”

The law firm of King & Spalding is set to receive quite the paycheck from taxpayers, all to defend one of the most anti-gay laws in U.S. history.

As Amanda Terkel notes at HuffPost this afternoon, King & Spalding will reap about $520 per hour -- with a sum not to exceed $500,000 -- for work that their firm does to defend the Defense of Marriage Act (DOMA) in federal court. The contract details come after an announcement yesterday that U.S. Speaker of the House, Rep. John Boehner, had tapped a partner at King & Spalding, Paul Clement, to defend DOMA.

Here's hoping that $500,000 is enough to compensate King & Spalding for the stain that's about to go on their record. Because when the history books are written, and we look back on what entities helped support discrimination in U.S. law, King & Spalding's name will be at the top.

Imagine if years from now, history books had this to say about your business: when discrimination needed a champion, "x" business was there to make sure anti-gay laws were defended.

The law firm of King & Spalding better be careful, or this is what folks will be saying about it a few years down the road. That's because it was announced today that a partner at King & Spalding, Paul Clement, was tapped by Rep. John Boehner to be the high-priced lawyer to defend the Defense of Marriage Act (DOMA) in court.

DOMA might be the most anti-gay law in this land, denying same-sex couples more than 1,100 benefits, tearing apart LGBT families, and financially penalizing same-sex couples in cruel and harsh ways. And King & Spalding lawyers want to help preserve a law with that kind of legacy?

Potential 2012 GOP presidential candidate Rick Santorum has a message for Speaker of the House John Boehner. Santorum wants Boehner to back off trying to improve the economy and save jobs, and instead focus his efforts on institutionalizing marriage discrimination across the land.

Yup, Santorum tweeted this morning that he'd like to see Congress wade into the Defense of Marriage Act (DOMA) debate, and get involved with defending the 1996 law that prevents federal recognition of same-sex relationships. Earlier this week, the Obama administration made some major news when the Justice Department (via a statement from Attorney General Eric Holder) said that parts of DOMA were unconstitutional, and that the Obama administration would no longer defend DOMA in federal court.

Santorum's call for Boehner to step in and push back on the Obama administration's decision echoes the calls from various different hate groups, including the Family Research Council, the National Organization for Marriage, the American Family Association, and more. But equal rights activists are standing firm, and when it comes to the question of whether Boehner should get involved in defending DOMA, these activists have a two-word message that the Speaker of the House should be pretty familiar with: Hell no.

For nearly two years, the Obama administration has defended the Defense of Marriage Act (DOMA) in federal court, upholding a law designed to discriminate against legally married same-sex couples. Now, after careful consideration by the Department of Justice, the Obama administration has announced that it will no longer defend DOMA in federal court, and called parts of DOMA “unconstitutional.”

“The President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny,” said Attorney General Eric Holder. “The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.  Given that conclusion, the President has instructed the Department not to defend the statute in such cases.”

This is important news that paves the way for getting rid of discriminatory laws like DOMA once and for all.

New Mexico attorney general Gary King this week offered his office's opinion on out-of-state same-sex marriages: they should be considered valid. Unfortunately for those who agree, newly inaugurated Gov. Susana Martinez insists she'll fight any attempts at marriage equality, a proclamation that directly contradicts her past promises.

Yes, the culture war's going to heat up in New Mexico, and equality activists should pipe up to steer the debate in a progressive direction. Or, at the very least, to counter the state's increasingly powerful conservative movement.

"After review of the law in this area, it is our opinion that a same-sex marriage that is valid under the laws of the country or state where it was consummated would likewise be found valid in New Mexico," read the non-binding opinion from King's office.

And King himself insisted, "A comprehensive legal analysis by my office concludes that valid same-sex marriages in other states would likely be valid in New Mexico." Be that as it may, the report will surely inflame those who want to see marriage equality campaign defeated once and for all.

It can be enough trouble keeping track of all of the American states and their varying degrees of LGBT-friendliness. So much so, it's easy to forget about other U.S. territories like Puerto Rico and American Samoa. Or Guam.

But the same-sex marriage advocates at Freedom to Marry have no such problem keeping Guam on their radar. In fact, the organization recently sent its leader to Guam to advance the issue of marriage equality. It  is only the latest in a multitude of stops promoting the need to eliminate the Defense of Marriage Act.

Freedom to Marry Founder and Executive Director Evan Wolfson addressed the island's lawmakers on Tuesday. Hosted by Vice Speaker Benjamin Cruz, the presentation aimed to educate politicians about why gay marriage matters to LGBT people.

"We all have a lot of work to do to get our country where it needs to be. America made a promise that everyone is equal," Wolfson said. "Americans over the past decade have been in some serious discussions."

Wolfson detailed the current state of gay marriage in the United States. He claimed to be optimistic and pointed out that 40 percent of Americans currently live in locations that recognize some form of same-sex relationship status under the law. And then he reemphasized the importance of equality in Guam.

What a moment this week when, in front of a bursting room at the U.S. Department of Interior, President Obama signed legislation that authorizes the repeal of "Don't Ask, Don't Tell," the military's ban on openly gay servicemembers. The room was filled with scores of activists, politicians, and former members of the U.S. military discharged for being gay.

One of those in the crowd was Lt. Dan Choi, who in many respects became one of the leading public faces advocating for "Don't Ask, Don't Tell" repeal this year. Arrested at The White House in nonviolent acts of civil disobedience, challenging the President and Democrats on cable news, and even flying out to Las Vegas in July 2010, where Lt. Choi confronted Sen. Harry Reid at a conference. Choi gave Sen. Reid his West Point ring back then, and said that he didn't want it back until "Don't Ask, Don't Tell" was extinct.

This week, Lt. Choi got his ring back from Sen. Reid. And as the ring was delivered, Lt. Choi tweeted one of the best one-liners of the year: "The next time I get a ring from a man, I expect it will be for full, equal, American marriage."

"Don't Ask, Don't Tell" down. Defense of Marriage Act, next.