Connect with us

Breaking: 145 House Democrats File Amicus Brief Denouncing DOMA

Published

on

Today, 145 House Democrats signed onto an amicus brief denouncing DOMA as unconstitutional. The amicus brief was in support of Edie Windsor, in the case of Edith Schlain Windsor v. United States of America.

“Edith ‘Edie’ Windsor, 83, a constituent of Rep. Nadler’s in New York City, challenged DOMA in court after the federal government taxed her more than $363,000 when her spouse, Thea Spyer, passed away in 2009,” a press release from House Minority Leader Nancy Pelosi‘s office, explaining the amicus brief, reads. “Edie and Thea first met in 1963 and married in 2007 after an engagement that lasted more than 40 years.  Yet, when Thea died, the federal government treated them as complete strangers because of DOMA, significantly reducing Edie’s inheritance by depriving her of the marital deduction that otherwise allows a married couple to pass property to the surviving spouse without tax penalty.”

The brief argues that Congress did not act with caution, but hastily and without due consideration of the relevant issues.  Section 3 [of DOMA] cannot be viewed as a benign exercise of Congressional authority, as a clear aim and effect of this law was to disapprove and disadvantage lesbians and gay men.  As a result, and unlike most Acts of Congress, DOMA cannot be viewed as the rational result of impartial lawmaking and should be treated with judicial skepticism.

The brief makes it clear that the House is not united on DOMA’s validity, that the BLAG lawyers do not speak for the entire institution, and that there is no legitimate federal interest in denying married same-sex couples the legal security, rights and responsibilities that federal law provides to couples who are married under state law.  Section 3 does not affect married heterosexual couples and their children, who are recognized regardless of DOMA.  And this law affirmatively harms married gay and lesbian couples and their children.

As the House amici point out to the court, “it is impossible to believe that any legitimate federal interest is rationally served by depriving a widow like [Edie] Windsor of the marital deduction that allows married couples to pass property to the surviving spouse without penalty, thus maximizing the survivor’s financial well-being.”

In short, the amicus brief, which garnered 13 more co-signers than a similar one filed by House Democrats in July, in the case of  Golinski v. U.S. Office of Personnel Management, specifically notes that the House is not of one mind on DOMA, and the signatories believe it unconstitutional and are opposed to Speaker of the House John Boehner‘s attempts t0 defend the law — already found unconstitutional by several federal court judges.

In fact, Boehner’s hand-picked attorney who is defending DOMA in court, with a budget of up to $1.5 million, has lost every single case — five now — he has tried. Yet Speaker Boehner, who, by the way, appointed National Organization For Marriage co-founder Robert P. George — tied to the flawed Regnerus anti-gay parenting “study” — to the United States Commission for International Religious Freedom (USCIRF), making George an employee of the U.S. government. Boehner also insists on defending a law that seven out of ten constitutional law professors believe is unconstitutional.

The amicus brief includes signatures from Minority Leader Nancy Pelosi, House Whip Steny Hoyer, Jerrold Nadler, James Clyburn, and John Conyers, along with members of the House LGBT Caucus: Barney Frank, Tammy Baldwin, Jared Polis, and David N. Cicilline.

 

Untitled

http://www.scribd.com/embeds/105232486/content?start_page=1&view_mode=scroll

 Via The Huffington Post

There's a reason 10,000 people subscribe to NCRM. You can get the news before it breaks just by subscribing, plus you can learn something new every day.
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Five of the Wildest Things Trump Said at His Black History Month Celebration

Published

on

A jovial President Donald Trump hosted a Black History Month celebration on Wednesday, ad-libbing many remarks that drew online criticism.

‘He’s Not a Racist. He’s My Friend’

“Talk about a piece of work, but he could fight, couldn’t he, huh?” Trump said. “Mike Tyson, boy, I tell you, Mike has been loyal to me. Whenever they come out, they say, ‘Trump’s a racist.’ You know, it’s like a saber. ‘Trump’s a racist.’ Mike Tyson goes, ‘He’s not a racist. He’s my friend.’ He’s been there from the beginning. Good times and bad. But Mike Tyson’s a great guy, and he was so loyal, always been loyal.”

Trump went on to mention his “great friend,” former NFL player Lawrence Taylor, “the greatest defensive player, probably, in the history of football, he’s a great friend of mine.”

Historically Black Colleges and Universities

Trump called Assistant Attorney General Harmeet Dhillon “Harmeet Diller,” then asked her about suing “extremely discriminatory” Harvard University. “You keep suing them, the h — — with them,” he said, to laughter.

“I like the Historically Black Colleges and Universities, which I saved,” he claimed — crediting himself for signing bipartisan legislation that secured funding for them in 2019. “They had no funding,” he said.

“We took care of the Historically Black Colleges and Universities, and it was a great thing to do,” he added.

‘Sometimes, We Have to Force Ourselves Upon Them’

Apparently referring to deploying federal forces into U.S. cities, Trump told the audience, “We’re doing it, in a lot of cities. Sometimes we have to force ourselves upon them because they’re so bad. And I don’t even think they know what’s happening to their cities and their towns.”

Confusion between The Bahamas and Bermuda

Speaking of former football great and failed Republican senatorial candidate Herschel Walker, whom Trump endorsed, the president said, “Herschel Walker — speaking about loyal — how good a football player was Herschel? Herschel Walker, now he’s Ambassador to The Bahamas — I don’t know, Bahamas, Bermuda, is he Bahamas? Whatever. It’s a nice place.”

Nicki Minaj

“Jazz, the blues, from rock and roll to rap, Black artists like Chuck Berry, Muddy Waters — How about Nicki Minaj? Do we love Nicki Minaj? Right? I love Nicki Minaj,” Trump said.

“She was here a couple of weeks ago. So beautiful. Her skin’s so beautiful. I said, ‘Nikki, you’re so pure.’ Her nails, her nails, they’re, like, that long.”

“I said, I said, ‘Nicki, are they real?’ And she said — she didn’t want to get into that.”

“But she was so beautiful and so great, and she. And she gets it, you know, more importantly, frankly, she gets it.”

 

Image via Reuters

Continue Reading

News

‘You’re Kidding Right?’: WH Press Secretary Stunned Over ‘Falsely Called Racist’ Question

Published

on

White House Press Secretary Karoline Leavitt appeared stunned when a reporter asked her for examples of President Donald Trump falsely being called a racist.

The president this week used his statement on the death of Reverend Jesse Jackson to argue that he is not a racist.

“Despite the fact that I am falsely and consistently called a Racist by the Scoundrels and Lunatics on the Radical Left, Democrats ALL, it was always my pleasure to help Jesse along the way,” he wrote.

On Wednesday, a reporter asked, “Where or when does the president believe he’s been falsely called racist?”

Leavitt replied, “You’re kidding, right?”

READ MORE: Trump’s Wild 24 Hour Truth Social Frenzy

“I will pull you plethora of examples,” she said, vowing to get her team “going through the internet of radical Democrats throughout the years … who have accused this president falsely of being a racist, and I’m sure there’s many people in this room and on network television, across the country, who have accused him of the same.”

“In fact, I know that because I’ve seen it with my own eyes,” she said, before noting that Trump is hosting a Black History Month celebration later on Wednesday.

Trump, she said, will “talk about how his policies are advancing opportunity and prosperity for all Americans through record tax cuts, through the Trump accounts that all Americans can access regardless of race.”

“These are a great thing,” she continued, before noting that the president “has also awarded hundreds of millions of dollars in additional funding to strengthen educational outcomes at historically Black colleges and universities, across the country.”

READ MORE: ‘Gaslight America’: Marjorie Taylor Greene Blasts Trump Ahead of His Trip to Georgia

She also said that Trump is “protecting the hard-earned benefits of the 2.4 million Black veterans who honorably served in our nation’s armed forces by reducing the Black backlog of veterans waiting for their VA benefits, and for their home loans through the Department of Veterans Affairs.”

“So, there is a lot this president has done for all Americans, regardless of race, and he has, absolutely, been falsely called and smeared as a racist, and I’m happy to provide you those receipts,” she added.

READ MORE: ‘Republicans Have to Lose’: Far Right Extremist Leader Puts Trump on Notice

 

Image via Reuters 

Continue Reading

News

‘Gaslight America’: Marjorie Taylor Greene Blasts Trump Ahead of His Trip to Georgia

Published

on

Former Republican U.S. Rep. Marjorie Taylor Greene is sharply criticizing President Donald Trump ahead of his Thursday trip to her former district, where he made — and then apparently forgot — an endorsement in the race to fill her old House seat.

“Well, we have a lot of people that want to take Marjorie ‘Traitor’ Greene’s place,” Trump said on Monday, as The Daily Beast reported. “Many, many candidates, and I have to choose one.”

Greene ignored Trump’s gaffe, but hit him, his administration, and her former Republican colleagues head-on in a post on X where she accused them all of trying to gaslight the American people.

“If you had put America FIRST from the start, instead of your rich donor class and foreign policy, you wouldn’t have to strategize on how to gaslight Americans,” wrote Greene, a former top Trump ally.

READ MORE: Trump’s Wild 24 Hour Truth Social Frenzy

“If you had not called the Epstein files a hoax and treated the Epstein survivors (rape and trafficking victims) like they didn’t exist and if you would release all the files and put your rich powerful friends in prison then Americans might actually listen to your ‘messaging,'” she charged.

Mocking them all as on the “struggle bus,” Greene explained the situation her former constituents now face.

“Approximately 75,000 households in my former district had their health insurance double or more on January 1st of this year because the ACA tax credits expired and Republicans have absolutely failed to fix our health insurance system that was destroyed by Obamacare,” she said.

Republicans have blocked Democrats’ efforts — including a federal government shutdown over the expiring Affordable Care Act subsidies — to prevent the health care premiums crisis.

Greene said that hundreds of thousands of people in her former district saw their health insurance premiums double last month.

“Many dropped their policies and no longer have health insurance,” she wrote. “And that’s on top of EVERYONE ELSE who complains DAILY about the absurdly high cost of health insurance!!!”

She said the billionaires running the White House, the Trump administration, and Congress aren’t affected by the high health insurance premiums, noting that all of them have “very nice affordable government health insurance plans.”

READ MORE: ‘Republicans Have to Lose’: Far Right Extremist Leader Puts Trump on Notice

“I’m talking about younger healthier people and families not on meds who can’t afford to pay $1500 to more than $2000 per month just for their monthly health insurance premiums,” she wrote, “not including $7-10,000 for a deductible before their ridiculously expensive health insurance policy kicks in.”

Greene also took a shot at House Speaker Mike Johnson, who, she said, “claimed he had the Republican plan during the 8 week shutdown in the fall, then carried on and has done nothing proving he lied once again.”

She also blasted Trump’s “messaging” efforts.

“Trump RX doesn’t fix this so that’s not your messaging answer,” she wrote. “A Truth Social Post or Trump video isn’t fixing this either.”

“Messaging won’t fix this,” she added.

Greene then moved on to foreign policy, warning Trump not to go to war with Iran. She also urged him to release the Epstein files, and told him to “stop the bullying, harassment, and name calling.”

“It’s immature, childish, and turning so many people away. Real leaders don’t act this way and it’s a horrible example set on the world’s stage. This isn’t the behavior we want to teach our children.”

“Deliver real results for the regular American people because respect is earned not given,” she said.

READ MORE: ‘Insulting’: Fox News Panel Implodes as Host Clashes With Liberal Guest Over Voter ID

 

Image via Shutterstock

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.