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Holder says Justice Department will aggressively defend same-sex marriage Holder says Justice Department will aggressively defend same-sex marriage
(about 1 hour later)
In an assertion of same-sex marriage rights the US attorney general, Eric Holder, will announce on Saturday that he will apply a landmark supreme court ruling to the Justice Department.In an assertion of same-sex marriage rights the US attorney general, Eric Holder, will announce on Saturday that he will apply a landmark supreme court ruling to the Justice Department.
In prepared remarks to be delivered in New York to the Human Rights Campaign, an advocacy group which works on behalf of lesbian, gay, bisexual and transgender rights, Holder said same-sex spouses could not now be compelled to testify against each other, should be eligible to file for bankruptcy jointly and are entitled to the same rights and privileges as federal prison inmates in opposite-sex marriages.In prepared remarks to be delivered in New York to the Human Rights Campaign, an advocacy group which works on behalf of lesbian, gay, bisexual and transgender rights, Holder said same-sex spouses could not now be compelled to testify against each other, should be eligible to file for bankruptcy jointly and are entitled to the same rights and privileges as federal prison inmates in opposite-sex marriages.
The Justice Department runs a number of benefits programmes, and Holder said same-sex couples will now qualify for them. They include the September 11th Victim Compensation Fund and benefits to surviving spouses of public safety officers who suffer catastrophic or fatal injuries in the line of duty.The Justice Department runs a number of benefits programmes, and Holder said same-sex couples will now qualify for them. They include the September 11th Victim Compensation Fund and benefits to surviving spouses of public safety officers who suffer catastrophic or fatal injuries in the line of duty.
“In every courthouse, in every proceeding and in every place where a member of the Department of Justice stands on behalf of the United States, they will strive to ensure that same-sex marriages receive the same privileges, protections and rights as opposite-sex marriages under federal law,” Holder said.“In every courthouse, in every proceeding and in every place where a member of the Department of Justice stands on behalf of the United States, they will strive to ensure that same-sex marriages receive the same privileges, protections and rights as opposite-sex marriages under federal law,” Holder said.
Just as in the civil rights struggles of the 1960s, Holder said, the stakes in the current generation over same-sex marriage rights “could not be higher”.Just as in the civil rights struggles of the 1960s, Holder said, the stakes in the current generation over same-sex marriage rights “could not be higher”.
“The Justice Department’s role in confronting discrimination must be as aggressive today as it was in Robert Kennedy’s time,” Holder said of the attorney general who played a leadership role in advancing civil rights.“The Justice Department’s role in confronting discrimination must be as aggressive today as it was in Robert Kennedy’s time,” Holder said of the attorney general who played a leadership role in advancing civil rights.
On Monday, the Justice Department will issue a policy memo to its employees, instructing them to give lawful same-sex marriages full and equal recognition, to the greatest extent possible under the law.On Monday, the Justice Department will issue a policy memo to its employees, instructing them to give lawful same-sex marriages full and equal recognition, to the greatest extent possible under the law.
Holder’s address is the latest application of the supreme court ruling that struck down a provision in the Defence of Marriage Act (Doma) that defined marriage as the union of one man and one woman. The decision applies to legally married same-sex couples seeking federal benefits. In a statement, Chad Griffin, president of Human Rights Campaign, said: “This
After the supreme court decision last June, the Treasury and the Internal Revenue Service said all legally married gay couples could file joint federal tax returns, even if they resided in states that do not recognise same-sex marriages. landmark announcement will change the lives of countless committed gay
The Defence Department said it would grant military spousal benefits to same-sex couples and the Health and Human Services Department said Doma was no longer a bar to states recognising same-sex marriages under state Medicaid and Children’s Health Insurance Programmes. The US Office of Personnel Management said it was now able to extend benefits to legally married same-sex spouses of federal employees and annuitants. and lesbian couples for the better.
“While
the immediate effect of these policy decisions is that all married gay
couples will be treated equally under the law, the long-term effects are
more profound. Today, our nation moves closer toward its ideals of
equality and fairness for all,” Griffin added.
Holder told his audience that the Justice Department will now recognise that same-sex spouses of individuals involved in civil and criminal cases should have the same legal rights as all other married couples, including the right to decline to give testimony that might incriminate their spouse.Holder told his audience that the Justice Department will now recognise that same-sex spouses of individuals involved in civil and criminal cases should have the same legal rights as all other married couples, including the right to decline to give testimony that might incriminate their spouse.
Prosecutors traditionally have various legal challenges that they can bring to an assertion of the spousal privilege. But the attorney general’s speech made clear that the government will not bring a challenge on the ground that the marriage is not recognised in the state where the couple lives.Prosecutors traditionally have various legal challenges that they can bring to an assertion of the spousal privilege. But the attorney general’s speech made clear that the government will not bring a challenge on the ground that the marriage is not recognised in the state where the couple lives.
Federal prisoners in same-sex marriages will also be entitled to visitation by a spouse, inmate furloughs during a crisis involving a spouse, escorted trips to attend a spouse’s funeral, correspondence with a spouse and compassionate release or reduction in sentence based on an inmate’s spouse being incapacitated.Federal prisoners in same-sex marriages will also be entitled to visitation by a spouse, inmate furloughs during a crisis involving a spouse, escorted trips to attend a spouse’s funeral, correspondence with a spouse and compassionate release or reduction in sentence based on an inmate’s spouse being incapacitated.
Only
17 of the 50 US states as well as the District of Columbia have
legalised gay marriage. In states where same-sex marriage is not legal,
spousal privilege for same-sex couples is not guaranteed. In
politically conservative Kentucky, for example, a state judge in
September denied a woman’s request for spousal privilege to shield her
from testifying against her partner in a capital murder case.