Special Statement: What does DOMA being struck down mean for Kentucky?

Special Statement from Kentucky Equality Federation President Jordan Palmer:  What does DOMA being struck down mean for Kentuckians?

Lexington, KY (Special Statement) - The U.S. Supreme Court today struck down section 3 of the Defense of Marriage Act (DOMA), ending the federal government's discrimination against legally married same-sex couples.

The U.S. Supreme Court also ruled that Prop 8 was a decision for California with U.S. Chief Justice John Roberts stating: "We have no authority to decide this case on the merits, and neither did the 9th Circuit," Roberts said, referring to the federal appeals court that also struck down Proposition 8. This means the decision of the California Supreme Court will stand and Proposition 8 is unconstitutional.

This is a great day for our Commonwealth and our country as we move closer to equality for all people. Though this will have little direct impact on Kentucky citizens, it does provide a well deserved slap on the face to Kentucky lawmakers to allow the citizens of this Commonwealth to vote on the issue of same-sex marriage again in Kentucky. While there is still more work to do to ensure equality and justice for all LGBTI citizens, these decisions are historic steps forward, and today is a great day for America.

As momentum for marriage equality continues to build, Kentucky Equality Federation and Marriage Equality Kentucky will continue to work in all regions of the Commonwealth to change the hearts and minds of people, one community at a time. We look forward to the day when the citizens of all states rescind their constitutional amendments and recognize that all people have the freedom to marry.

Today we are reminded that Kentuckians still fall short of justice and this ruling is more than anything, a call to action. For those of us who live in state's like Kentucky where our marriages are still not recognized, today's rulings are a reminder that we cannot wait for justice to be handed to us, we are going to have to get engaged and fight.

Today our rights as Americans are not based on our shared citizenship, but upon our geographic location. More than 86 million Americans, nearly one-third of the country, live in states with full marriage equality, with the state and federal protections families need. Today the U.S. Supreme Court has said we can go states like Minnesota or Iowa and get married, but we return to the Commonwealth of Kentucky legal strangers in our home state.

Kentucky Equality Federation Condemns House Bill 279 - Forced Religious Imposition Act

KENTUCKY EQUALITY FEDERATION RESPONDS TO HOUSE BILL 279

CONDEMNS 'FORCED RELIGION IMPOSITION ACT'

“Kentucky House Bill 279 lays the groundwork for legalized discrimination and is detrimental to the equal rights movement for all LGBTI residents of the Commonwealth,” stated Kentucky Equality Federation’s Chairman of the Board, Brandon Combs. “This legislation also has the potential to negatively impact a wide-range of individuals beyond the LGBTI community, such as single parents and divorced couples. The passing of this legislation threatens to push the state back to the 1960s prior to the passage of the Kentucky Civil Rights Act.”

“House Bill 279 represents a clear and present danger to the gay and lesbian community and other minority groups around the commonwealth,” stated Kentucky Equality Federation president Jordan Palmer. “Thousands of Kentuckians are opposing the legislation. We urge Governor Steve Beshear to veto the legislation. Both the Kentucky and U.S. constitutions provide for freedom of religion and Kentucky Equality Federation supports freedom of religion. However, what we need is freedom from religion; lawmakers use religion as a means to deny someone a fundamental civil right. In 2010 the Kentucky House of Representatives passed Resolution 232, the Manhattan Declaration making Christianity the official religion of the Commonwealth. (voting record). House Bill 279 does nothing more than give people permission to discriminate based on their religious beliefs thereby taking it beyond ‘freedom of religion’ to ‘forced religion’ because they have imposed their religious beliefs on others with legal authority to do so.”

KENTUCKY EQUALITY FEDERATION - LEGAL DEPARTMENT SUMMARY:

To break it down, Kentucky Equality Federation’s Vice President of Legal, Jillian Hall, Esq. stated: “House Bill 279 has the potential to harm local ordinances in place in Louisville, Lexington and Vicco. Essentially, an individual can continue to discriminate against a gay individual in violation of the ordinance and be protected under this new law by showing that it is in conflict with their closely held religious beliefs. While the language adding “substantial” to the burden (via an amendment to the bill) does add some protections, as it is very difficult to meet the level of “substantial burden” in the courts (as would have to be shown by the discriminating party), the law still is a major step backward for the equality movement."

Hall continued:  "Right now, people discriminate freely and openly against the gay community without recourse due to the lack of a Kentucky statewide equality law. Similar laws to this proposed bill have been passed in several other states after the U.S. Supreme Court struck down the U.S. Religious Freedom Restoration Act in 1997 (as applied to the states). This law is nothing more than a poor recitation of the First Amendment, and is a thinly veiled move by the legislature showing their lack of respect or tolerance for the LGBTI community. While I do not feel that this will significantly affect anything in the courts, this law, along with the Manhattan Declaration of 2010 as mentioned by Kentucky Equality Federation President Jordan Palmer, acts to block forward progress and is a continued embarrassment for the Commonwealth.”

Kentucky Equality Federation will continue to monitor House Bill 279 and may challenge it in court if it undermines equality efforts.

Red State Brief filed with U.S. Supreme Court - Kentucky Equality Federation represents Kentucky gay couples

Kentucky Equality Federation urges universal equality for all LGBTI people in a "Friend of the Court" brief to the U.S. Supreme Court.

Kentucky Equality Federation today joined the Utah Pride Center, Campaign for Southern Equality, and twenty-five (25) other organizations in filing an amicus brief with the United States Supreme Court.

The brief urges the justices to strike down a wide range of anti-gay laws. The brief calls on the Court to uphold appellate court rulings in both the Defense of Marriage and Proposition 8 cases currently pending. The Kentucky Equality Federation joined Utah Pride in this “Red State Brief” to detail the long history of anti-gay legislation in many states around the nation that denigrates the LGBT community.

The brief contends that many local state laws are designed to routinely deny gay citizens basic civil rights, and many state codes are woven in a tangle that can only be unraveled by the courts.

“This brief is about arguing on behalf of the millions of Americans who feel hopeless that legislation on a state level will ever advance their cause,” said Utah Pride Attorney and former Bush Administration U.S. Attorney Brett Tolman. The brief contends that many local state laws are designed to routinely deny gay citizens basic civil rights, and many state codes are woven in a tangle that can only be unraveled by the courts.

Kentucky Equality
Federation Vice-
President of Legal,
Attorney Jillian Hall.

Kentucky Equality Federation's Vice President of Legal, Jillian Hall headed-up Kentucky Equality Federation's involvement. Kentucky Equality Federation represents Kentucky in the brief.

“It was an honor to sign alongside several other prominent equality organizations in our fellow conservative “red” states. By working together as one rather than 28 individual groups, we were able to present a united front to the U.S. Supreme Court and explain why their decision not only impacts the individual cases before the bench, but everyone in the LGBTI community unable to obtain the same benefits as their heterosexual counterparts,” stated Kentucky Equality Federation Vice President of Legal, Jillian Hall. "Recognition from the highest federal court in the land as to the equality of everyone concerning marriage, regardless of sexual orientation, would be a huge leap in the fight for the citizens of our Commonwealth."

"Marriage is a fundamental human right and the lack of recognition by the federal government to gay couples legally married in their home states should be unconstitutional," stated Kentucky Equality Federation president Jordan Palmer. "Section II of the Kentucky Constitution states: 'Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.' However, with the commonwealth's 2004 constitutional amendment, gay and lesbian couples are absolutely denied civil rights by the majority."

Rev. Jasmine Beach-Ferrara, Executive Director of the Campaign for Southern Equality said, “The Supreme Court is being asked to consider a fundamental question: are LGBT Americans equal people whose humanity and dignity must be recognized? We know there are LGBT youth, adults and families who urgently need - and desire - the rights and protections that our Constitution promises to all, including the ability to marry the person you love.”

“There is a system of discrimination set up in states like Utah where certain local laws offend the Constitution and do harm to the lives of gay Americans,” said Attorney for Utah Pride Paul Burke.

The brief points out a number of discriminatory local laws including lack of protection for gay married military members who are assigned to “red states.”

Today’s filing concludes: “Because the Constitution neither knows nor tolerates classes among its citizens, gay Americans must be treated equally under the law – everywhere. This Court should affirm the fundamental rights of gay Americans and adopt heightened scrutiny to review laws targeting gay people. The best way to stop discrimination on the basis of sexual orientation is for this Court to stop de jure discrimination against gay Americans.”

The Supreme Court has scheduled oral arguments for these cases on March 26-27, 2013.

The Red State amicus brief can be found here: http://www.kyequality.org/2013/BRIEF-with-highlights.pdf