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OS-SLDN to Supreme Court: Strike Down DOMA
For immediate release:
Friday, March 1, 2013
Contact: Zeke Stokes at
202-621-5406 or zeke@outserve-sldn.org
OutServe-SLDN to Supreme Court: Strike Down DOMA
Amicus Brief filed today in U.S. v. Windsor details harm to military by discriminatory law
(WASHINGTON, DC) OutServe-SLDN today filed an amicus curiae brief with the United States Supreme Court in the case of United States v. Windsor arguing that the so-called Defense of Marriage Act (DOMA) harms military families and compromises national security. The brief, on which the law firm Chadbourne & Parke serves as counsel, urges the Court to strike down the law as unconstitutional. Oral arguments in the case are scheduled in late March.
“The Defense of Marriage Act prevents the military from honoring its promise to its families by essentially nullifying otherwise legal marriages between service members and spouses of the same gender,” said Army veteran and OutServe-SLDN Executive Director Allyson Robinson, echoing arguments made in the brief. “This is more than just an issue of fairness; it’s also an issue of national security. When members of the military put their lives on the line for the security of this nation, they deserve to know their families will be cared for should something happen to them.”
The brief asserts that when DOMA was enacted, Congress did not consider its impact on the military.
“From the records of the single day of hearings in Congress when this ill-advised law was being considered, we know that there was zero discussion of the negative impact it would have on our men and women in uniform - and on the families who serve our nation alongside them. Our LGBT military families provide the same service, take the same risks, and make the same sacrifices as all others. They should not be relegated to second-class status by the country they serve,” said Robinson.
This is not the first time that OutServe-SLDN has taken a stand against the injustices DOMA inflicts upon military families. In October 2011, OutServe-SLDN and Chadbourne & Parke filed landmark litigation in federal court - McLaughlin v. Panetta - on behalf of eight gay and lesbian military families challenging DOMA and other federal statutes that prevent the military from providing equal recognition and support to same-sex military spouses. In that case, as well as in Windsor, the United States has taken the position that the discrimination caused by DOMA is constitutionally indefensible. The McLaughlin case is currently stayed while the Supreme Court considers the issue of the constitutionality of DOMA in the Windsor case.
ABOUT OUTSERVE-SLDN: OutServe-SLDN is the association of actively serving LGBT military personnel with more than fifty chapters and 6000 members around the world It works to support a professional network of LGBT military personnel and create an environment of respect in the military with regard to sexual orientation and gender identity. It is a non-partisan, non-profit, legal services and policy organization dedicated to bringing about full LGBT equality to America's military and ending all forms of discrimination and harassment of military personnel on the basis of sexual orientation and gender identity. OS-SLDN provides free and direct legal assistance to service members and veterans affected by the repealed "Don't Ask, Don't Tell" law and the prior regulatory ban on open service, as well as those currently serving who may experience harassment or discrimination. For more information, visit www.outserve-sldn.org.
