Today, U.S. District Court Judge Joseph L. Tauro ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional with respect to claims brought by seven married same-sex couples and three widowers from Massachusetts. Under the ruling, the plaintiffs are entitled to the same federal spousal benefits and protections as every other married couple.

The ruling stems from GLAD’s lawsuit Gill et al v. Office of Personnel Management et al, filed in March 2009.

“Today the Court simply affirmed that our country won’t tolerate second-class marriages,” says Mary Bonauto, GLAD’s Civil Rights Project Director, who argued the case. “I’m pleased that Judge Tauro recognized that married same-sex couples and surviving spouses have been seriously harmed by DOMA and that the plaintiffs deserve the same opportunities to care and provide for each other and for their children that other families enjoy. This ruling will make a real difference for countless families in Massachusetts.”

The next step in the case is for the federal government to decide whether it will appeal Judge Tauro’s ruling to the U.S. Court of Appeals for the First Circuit. That decision should come within the next 60 days.

Read the decision.

Read GLAD’s full press release.

Read answers to frequently asked questions about this decision, it’s implications and next steps.

For more information on GLAD’s DOMA challenge, including plaintiff information, visit www.glad.org/doma

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Today, U.S. District Court Judge Joseph L. Tauro ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional with respect to claims brought by seven married same-sex couples and three widowers from Massachusetts. Under the ruling, the plaintiffs are entitled to the same federal spousal benefits and protections as every other married couple.

The ruling stems from the lawsuit Gill et al v. Office of Personnel Management et al, filed by Gay & Lesbian Advocates & Defenders (GLAD) in March 2009.

“Today the Court simply affirmed that our country won’t tolerate second-class marriages,” said Mary Bonauto, GLAD’s Civil Rights Project Director, who argued the case. “I’m pleased that Judge Tauro recognized that married same-sex couples and surviving spouses have been seriously harmed by DOMA and that the plaintiffs deserve the same opportunities to care and provide for each other and for their children that other families enjoy. This ruling will make a real difference for countless families in Massachusetts.”
 
“I am thrilled that my family will now be treated in the same way as those of my married co-workers at the post office,” said Nancy Gill, who is a plaintiff with her spouse, Marcelle Letourneau. “Marcelle and I married out of love and commitment to each other first and foremost, but federal recognition of our marriage means that we’ll have equal access to important protections for our two children and for ourselves.”

Gill is a 22-year employee of the U.S. Postal Service who cannot cover Letourneau on her family health and vision insurance plans, forcing the couple to pay extra to insure Letourneau. Marcelle is also ineligible to receive the federal health benefit given to surviving spouses or to access Nancy’s pension should Nancy predecease her. 

The next step in the case is for the federal government to decide whether it will appeal Judge Tauro’s ruling to the U.S. Court of Appeals for the First Circuit. That decision should come within the next 60 days.

Congress passed DOMA in 1996. Section 3 of the law states that only a marriage between one man and one woman will be recognized for federal purposes. The Obama Administration called the law discriminatory, even while defending it in court.

GLAD filed the Gill case on the grounds that DOMA Section 3 violates the federal constitutional guarantee of equal protection as applied to federal income tax, Social Security, federal employees and retirees and the issuance of passports. The passport issue was resolved in 2009 when the State Department changed its policy. 

Co-counsel in the Gill case included attorneys from the firms Foley Hoag LLP, Sullivan & Worcester LLP, Jenner & Block LLP, and Kator, Parks & Weiser, PLLC. Details about the case, the plaintiffs, and the attorneys representing them can be found at http://www.glad.org/doma.

Read Judge Tauro’s ruling: http://www.glad.org/uploads/docs/cases/2010-07-08-gill-district-court-decision.pdf.

Gay & Lesbian Advocates & Defenders is New England’s leading legal organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.

Last Thursday night I attended Boston SPYCE’s Black LGBT Pride Opening Reception at the Holiday Inn in Somerville. About 30 people were in attendance, the atmosphere was great. I heard about the event from a dear friend, Ife Franklin, who tries to keep me ‘in the loop’ on community events etc.

Interestingly enough I did not notice that my coworker, GLAD Legal Assistant Jamal Brown, was even there – due completely to the placement of my chair (his back was to me) a couple of tables in front. Well, once the formal program started, the group announced it had created a new award and the three finalists included Jamal. I immediately thought – oh boy – if he wins and is not here – perhaps I should accept for him. Well they read his bio and when they got to “he works for GLAD” I yelled out “yes” … at which point Jamal turned around, looked at me and smiled. How did I miss him – this means I did not work the room sufficiently!

Our own Jamal Brown won the Community Impact Award and spoke graciously and eloquently about his journey & passions. I was so happy I was in the audience to witness this accolade and was beaming with pride. Please join me in congratulating Jamal!

Photo: Steven Fleury, President of Boston SPYCE,  presents the Community Impact Award to Jamal Brown. Photo by Quincey Roberts.

GLAD is proud to announce the Right Rev. V. Gene Robinson, the first openly gay person to be elected bishop in the Episcopal Church, will receive the 2010 Spirit of Justice Award.

Bishop Robinson is the leader of the Episcopal Diocese of New Hampshire. Since his consecration in 2003, he has become one of the most visible, eloquent and respected advocates for LGBT equality nationally and internationally, despite intense opposition from the right wing of his denomination, which continues to oppose his ordination because he is a proud gay man.

“Bishop Robinson’s fearless advocacy for LGBT civil rights is an inspiration to all of us working toward the day when each and every member of our community is recognized as a full and equal member of society,” said GLAD Executive Director Lee Swislow. “We are so pleased to honor him this year.”

“Though I once resisted being known as ‘the gay bishop,’ I realize that it’s given me an opportunity to speak out for LGBT people around the world and I embrace that opportunity,” said Robinson. “I’m proud that GLAD, an organization that has successfully taken on some of the toughest battles in the LGBT movement, will recognize my work.”

GLAD created the Spirit of Justice Award to recognize one individual whose work and achievements reflect a profound dedication to our ideal of a just society. Bishop Robinson will accept the award at the 11th Annual Spirit of Justice Award Dinner on Friday, October 29 at the Westin Copley Place Hotel in Boston. About 1,000 people are expected to attend the dinner, GLAD’s signature fundraising event, co-chaired this year by Marianne Monte and Pete Dziedzic.

Since becoming a focal point of both celebration and condemnation within the Episcopal Church USA and the worldwide Anglican Communion, Bishop Robinson has actively participated in the LGBT movement, including testifying in favor of marriage equality at the New Hampshire State House last year. He has also been vocal about the need for full acceptance of LGBT people in faith communities; last month he sent a letter to Pope Benedict urging the Catholic Church to stop scapegoating gay men in the clergy sexual abuse crisis. He was featured in the 2007 documentary “For the Bible Tells Me So,” and chronicled his story in the 2008 memoir In the Eye of the Storm: Swept to the Center by God. In 2009, Bishop Robinson gave the invocation at the opening inaugural ceremonies for President Barack Obama at the Lincoln Memorial.

He has also worked to end HIV/AIDS in both the U.S. and Africa and has advocated within his denomination for anti-racism training and clergy wellness programs.

Bishop Robinson is married to Mark Andrew, who works for New Hampshire’s Department of Safety. He has two grown daughters and two granddaughters.

Major sponsors for the 11th Annual Spirit of Justice Award Dinner include Bingham McCutchen LLP, DLA Piper, The Hanover Insurance Group, Inc. and Reproductive Science Center. To become a sponsor or purchase tickets, please visit www.glad.org.

A U.S. district court judge in Massachusetts has denied the government’s request to dismiss the case of Vanessa Adams, a Federal Bureau of Prisons (BOP) inmate with gender identity disorder (GID). For years, the BOP denied Ms. Adams treatment for her serious medical condition. As a result, Ms. Adams attempted suicide multiple times when prison doctors failed to provide any treatment. She eventually removed her own genitals. Ms. Adams now challenges the federal policy that prison doctors and other medical providers used to justify the denial of her treatment.

At issue is BOP’s so-called “freeze frame” policy in which treatment for any prisoner with gender identity disorder is frozen at the level being provided when he or she entered BOP. In other words, because Ms. Adams did not receive treatment for GID before being incarcerated, BOP would not provide it to her after her incarceration.

Vanessa Adams is being represented by Gay & Lesbian Advocates & Defenders (GLAD), Florida Institutional Legal Services (FILS), the National Center for Lesbian Rights (NCLR), and Bingham McCutchen LLP. The organizations hold the position that people should receive medically-necessary treatment for serious health conditions while in our nation’s prison system, including transgender-related health needs.

“Unfortunately, despite the fact that GID is well-recognized as a serious medical condition, individuals with GID face stigma and bias. In Vanessa’s case, stigma and bias alone have deprived her of the medical attention she needs. By filing this case, she seeks to ensure that transgender inmates with serious medical needs get appropriate care, just as prisoners with heart conditions and diabetes should,” said Jennifer L. Levi, Transgender Rights Project Director for GLAD.

Cassandra Capobianco of Florida Institutional Legal Services added, “It is critical not only for Vanessa’s health and safety but for the good of other prisoners that BOP’s policy be changed.”

“We’re pleased that the judge recognized the inhumanity of the BOP policy, and that Vanessa will have her day in court,” said Shannon Minter, Legal Director of NCLR.

In its June 7 ruling, the Court rejected BOP’s argument that Ms. Adams’ claim should be invalidated because the prison finally started her on hormones. Citing the BOP’s consistently callous conduct toward Ms. Adams, the fact that BOP could stop Ms. Adams’ treatment at any time, and the fact that BOP continues to enforce its freeze-frame policy, the Court ruled that the question of the constitutionality of the policy remains open.

Read the Federal District Court decision

Read Ms. Adams’ complaint