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Tag: defense of marriage act
South Dakota’s Gay Marriage Ban Challenged; North Dakota Stands Alone

South Dakota’s Gay Marriage Ban Challenged; North Dakota Stands Alone

By John M. Glionna, Los Angeles Times

As South Dakota’s gay-marriage ban was challenged in court Thursday, North Dakota became the only state with such a law that has not faced a lawsuit.

Six South Dakota couples filed suit in U.S. District Court in Sioux Falls, challenging a 1996 law passed by the Legislature and a 2006 voter-approved constitutional amendment. They also want South Dakota to recognize same-sex marriages performed in states where it is legal.

Five of the couples had already married in Iowa, Connecticut and Minnesota. The sixth tried to get a South Dakota marriage license Thursday but were denied.

Gay couples can marry in 19 states and the District of Columbia. Oregon and Pennsylvania joined the list this week after federal courts struck down their state bans. In both cases, state officials decided not to appeal.

South Dakota Attorney General Marty Jackley has said he’s obligated by law to defend both the state Constitution and state statutes.

The lawsuit petitions the court “to hold that the State of South Dakota cannot discriminate against same-sex couples who seek the right to marry; and, they ask this Court to hold that South Dakota cannot discriminate against same-sex marriages in choosing whether or not to recognize marriages performed out of state.”

Since the U.S. Supreme Court invalidated parts of the U.S. Defense of Marriage Act last June, state bans have been declared unconstitutional every time they have been challenged in federal court. Some states, including Utah, Idaho, Virginia and Oklahoma, have appealed; the issue seems destined for the Supreme Court to resolve.

North Dakota voters overwhelmingly passed a constitutional ban on same-sex marriage in 2004.

Photo: Liveintent via Flickr

Al Franken Tears Into Conservative Anti-Gay Marriage Demagogue

During debate over a bill to repeal the Defense of Marriage Act — which defines marriage as between a man and a woman — Senator Al Franken lambasted Focus on the Family right-winger Thomas Minnery, pointing to inaccuracies in his written testimony alleging the dangers of gay marriage. In commanding fashion, Franken called out the witness for his deceptive misreading of a Department of Health study, which Minnery used to back up his assertion that straight couples make better parents than gay ones. Turns out, the study says no such thing.

Watch the video below:

Federal Government Cancels Deportation in Same-Sex Marriage Case

Immigration and Customs Enforcement (ICE) officials in Newark have cancelled the deportation of Henry Velandia, closing a case that drew national attention for its possible ramifications for same-sex couples and undocumented immigrants. “I’m happy that I can still be with my husband,” Velendia said during an interview on MSNBC. “I can finally breathe again.”

A 27-year-old salsa dancer from Venezuela, Velandia married Josh Vandiver, an American citizen and a graduate student at Princeton University, last year. Even though Valendia had overstayed his work visa, the spouses of undocumented immigrants can usually petition for legal residency for their partners. But the Defense of Marriage Act denies this right to same-sex couples—even those married legally. ICE scheduled an immigration hearing for Velandia on May 7, which could easily have resulted in his immediate deportation. Instead, the judge presiding over the case chose to place a hold on his deportation, awaiting the outcome of a similar case involving a same-sex couple in which attorney general Eric Holder intervened.

Even though the Obama administration has said it will not defend DOMA in court, the Justice Department has stated it will continue to enforce the act. The cancellation of Mr. Velandia’s deportation represents an apparent departure from this position, providing advocates for same-sex couples and undocumented immigrants a substantial and unexpected victory.

The decision follows the release of new guidelines from ICE, which expand the criteria federal attorneys and agents can consider in choosing whether to deport undocumented immigrants. The internal memo encourages ICE officials to focus on those convicted of violent crimes or repeated immigration violations in pursuing deportation cases.

The memo recommends leniency for immigrants who meet certain qualifications, including those enrolled in college or serving in the military. As the International Business Times notes, the document also lists “ties and contributions to the community, including family relationships,” as positive factors in weighing deportation. [IBT]

“We still have a long way to go,” Vandiver said, speaking to the plight of other same-sex couples in the same situation. “But this is a huge step and we’re happy.”

Federal Government Halts Deportation of Undocumented Immigrant in Same-Sex Couple

ICE officials in Newark have cancelled the deportation of Henry Velandia, an undocumented Venezuelan immigrant married to an American graduate, in a case that has drawn national attention for its possible ramifications for undocumented immigrants and same-sex couples.

Mr. Velandia and his husband, Josh Vandiver, were married in Connecticut—one of five states, along with the district of Washington, D.C., that recognize same-sex marriage. (New York will become the sixth state on July 30.) Under the Defense of Marriage Act (DOMA), however, the spouses of undocumented immigrants cannot petition for legal residency for their same-sex partners—a right long afforded to heterosexual couples.

Even though the administration has said it will not defend DOMA in court, the Justice Department has stated it will continue to enforce the law, including in immigration cases. The cancellation of Mr. Velandia’s deportation, therefore, represents a significant development in terms of federal treatment of married same-sex couples. The New York Times reports:

On June 9, [the couple’s attorney Lavi] Soloway received a call from Jane H. Minichiello, the chief counsel at the Newark office of Immigration and Customs Enforcement [ICE], an arm of the Homeland Security Department, informing him that the agency had agreed to his request to close the deportation proceedings. According to Mr. Soloway, Ms. Minichiello said pursuing Mr. Velandia’s deportation “is not an enforcement priority at this time.” [NYT]

The decision to cancel Mr. Velandia’s deportations follows recently issued policy guidelines from ICE, expanding the criteria federal attorneys and agents can consider in choosing whether to deport undocumented immigrants. In particular, the memo encourages ICE officials to focus on those convicted of violent crimes or repeated immigration violations.

In addition, the memo suggests leniency for immigrants who meet certain qualifications, including college students and military personnel¬¬. As the International Business Times notes, the memo also lists “ties and contributions to the community, including family relationships,” as positive factors in weighing deportation [IBT]. ICE has not stated that it will halt deportation for other undocumented immigrants married to American citizens. But the case may well represent a long-term shift in federal treatment of same-sex couples, as well as undocumented immigrants more broadly.