DOCSLIB.ORG

Extensions of Remarks E1597 EXTENSIONS of REMARKS

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Extensions of Remarks E1597 EXTENSIONS of REMARKS September 13, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1597 EXTENSIONS OF REMARKS RECOGNIZING LEONARDO AGRI- RECOGNIZING JEREMIAH COOMES is. You know, I just don’t spend that much COLA BISCARI FOR ACHIEVING FOR ACHIEVING THE RANK OF time on him . I truly am not that concerned THE RANK OF EAGLE SCOUT EAGLE SCOUT about him.’’ The President was clearly at odds with his HON. SAM GRAVES HON. SAM GRAVES terrorism advisers. OF MISSOURI The FBI was concerned about him. It said OF MISSOURI IN THE HOUSE OF REPRESENTATIVES that al-Qaeda remained the ‘‘number one con- IN THE HOUSE OF REPRESENTATIVES cern.’’ Monday, September 13, 2004 Monday, September 13, 2004 Homeland Security Secretary Tom Ridge Mr. GRAVES. Mr. Speaker, I proudly pause was concerned about him. He said America Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Jeremiah Coomes of Smithville, was still bin Laden’s number 1 target. to recognize Leonardo Agricola Biscari of MO, a very special young man who has exem- Despite all this, what did the President do? Independence, MO, a very special young man plified the finest qualities of citizenship and He shortchanged homeland security needs who has exemplified the finest qualities of citi- leadership by taking an active part in the Boy like port, rail and border security. He reduced zenship and leadership by taking an active Scouts of America, Troop 447, and in earning law enforcement funding by over 30 percent. part in the Boy Scouts of America, Troop 865, the most prestigious award of Eagle Scout. And he became less concerned with the man and in earning the most prestigious award of Jeremiah will receive the Eagle Scout Award who started the war on terrorism and more Eagle Scout. Leonardo will receive the Eagle at an Eagle Scout Court of Honor on Sep- concerned with Saddam Hussein—a man the Scout Award at an Eagle Scout Court of tember 19, 2004 at River of Life Church in 9–11 Commission determined had no oper- Honor on September 12, 2004, at St. Mark’s Kansas City, MO. ational connection to al Qaeda and who Catholic Church in Independence, MO. Jeremiah has been very active with his played no role in the terrorist attacks of Sep- Leonardo has been very active with his troop, participating in many scout activities. tember 11, 2001. troop, participating in many Scout activities. Over the many years Jeremiah has been in- Did this make America any safer? If so, re- Over the many years Leonardo has been in- volved with scouting, he has not only earned directing resources from hunting the world’s volved with scouting, he has not only earned numerous merit badges, but the respect of his number one terrorist in order to invade Iraq numerous merit badges, but the respect of his family, peers, and community. might have made sense. But the fact is, the family, peers, and community. Mr. Speaker, I proudly ask you to join me in invasion in Iraq has made us less, not more, Mr. Speaker, I proudly ask you to join me in commending Jeremiah Coomes for his accom- secure. commending Leonardo Agricola Biscari for his plishments with the Boy Scouts of America And because of that fact, we do ourselves accomplishments with the Boy Scouts of and for his efforts put forth in achieving the as a country and the memories of those who America and for his efforts put forth in achiev- highest distinction of Eagle Scout. were lost on September 11, 2001 a great dis- ing the highest distinction of Eagle Scout. f service by misrepresenting the facts. EXPRESSING SENSE OF THE The invasion of Iraq did not deny terrorists f HOUSE ON ANNIVERSARY OF a safe haven from which to operate, but rather HISPANIC RECOGNITION AWARDS TERRORIST ATTACKS LAUNCHED it created one. In fact, because of poor plan- AGAINST UNITED STATES ON ning and inadequate troop levels, U.S. forces SEPTEMBER 11, 2001 in Iraq have withdrawn from unstable areas HON. BARNEY FRANK like Falluja, Ramadi and Samarra allowing OF MASSACHUSETTS SPEECH OF them to become foreign terrorist safehavens. IN THE HOUSE OF REPRESENTATIVES The low troop level has also prevented the HON. GEORGE MILLER U.S. from sealing off the borders and allowed Monday, September 13, 2004 OF CALIFORNIA foreign terrorists to enter Iraq at will. Mr. FRANK of Massachusetts. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES More American Service members have on September 16, the Hispanic Recognitions Thursday, September 9, 2004 been killed since the President announced Awards Committee Incorporated in the City of Mr. GEORGE MILLER of California. Mr. that all major combat operations had ended New Bedford, Massachusetts will have its an- Speaker, three years since the terrorist attacks than before that time. All told, over 1,000 sol- nual ceremony, giving awards to a number of of September 11, 2001, we solemnly remem- diers have been killed, 7,000 wounded, and individuals and organizations. The recipients ber those who risked their lives, those whose the rate at which American soldiers are being of these awards, to be presented at 5 p.m. at lives were lost and those they left behind. killed is rapidly increasing. New Bedford High School on September 16, America changed forever that day. Some With all that said, the President still speaks have distinguished themselves by their dedica- called 9–11 America’s wake up call. of ‘‘taking the fight to the enemy’’ so that we tion and energy on behalf of the Hispanic The actions of first responders and every- don’t have to fight him at home. But the De- community in our area, and on behalf of the day citizens give true meaning to the word partment of Homeland Security had to raise community as a whole. I congratulate Emilio hero. I applaud the resolution in the House the terrorist alert level four times since the in- E. Cruz for the work he has done in making today for honoring their service and the vasion of Iraq. And Homeland Security Sec- this possible, and I wish to join Mr. Cruz and memories of those no longer with us. retary Tom Ridge has said, ‘‘[al Qaeda] is still others in recognizing the important community But sadly, Mr. Speaker, I must tell you that determined to strike.’’ service performed by these recipients. this resolution is flawed. While it rightfully hon- The Bush Administration would still lead us The list of awards and those receiving them ors the victims and heroes of September 11, to believe that al Qaeda is no longer a threat is as follows: Community Organization Award it misleadingly connects the invasion of Iraq because two thirds of its senior leadership 2004—Catholic Social Services; Cultural with the war on terrorism. Iraq did not start the have been captured or killed. But Secretary of Achievement Award 2004—Johnny Arellano; U.S global war on terrorism—Osama bin Defense Rumsfeld says ‘‘it’s almost impossible Youth Award 2004—Chayrel Adams; Health Laden did. to have metrics’’ that determine whether Al Awards 2004—Marta Gonzalez; Education Despite that fact, after only four months of Qaeda and other terrorist groups are being Award 2004—Sara Rodriguez; Public Safety hunting for bin Laden, the U.S. began re- drained of support around the world. In fact Award 2004—Jose A. Perez; Latino Organiza- directing military and intelligence personnel some experts still put al Qaeda’s end strength tion Award 2004—Association Maya Kiche from his pursuit in Afghanistan to preparing for at close to 18,000. USA, Inc.; Community Service/Leadership war with Iraq. Secretary Rumsfeld went on to say that the Award 2004—Reverend Abraham Torres; The The President then declared in a press con- War on Terrorism is not ‘‘a military problem Rising Star Award 2004—Marilyn Vega. ference that, ‘‘I don’t know where [bin Laden] alone.’’ In fact the overreliance on military ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. VerDate Aug 04 2004 06:57 Sep 14, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A13SE8.001 E13PT1 E1598 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2004 means to address the threat of terrorism might Excelsior Springs football was first played RECOGNIZING WILLIAM M. RAINE have done more to help al Qaeda recruit new about 1910 on ‘‘Old Lady Reed’s Field’’ near FOR ACHIEVING THE RANK OF members than it did to shrink the organization. Superior Street. In 1920, games were moved EAGLE SCOUT So what lessons have we learned three to Association Park, a location that later be- years later? came the site of the old high school football HON. SAM GRAVES Iraq had nothing to do with 9–11; our inva- field that officially became Roosevelt Field in OF MISSOURI sion of Iraq made us more, not less vulnerable 1938. The stone wall surrounding the field was IN THE HOUSE OF REPRESENTATIVES to terrorist attack; despite capturing and killing built during the FDR era as a WPA project to Monday, September 13, 2004 al Qaeda leaders, the organization remains provide area jobs after the Great Depression. operational; we shortchanged homeland secu- In 1984, major renovations brought the field Mr. GRAVES. Mr. Speaker, I proudly pause rity; and the President’s attempt to make and track up to state regulations and new to recognize William M. Raine of Parkville, America safer by taking the fight to the enemy lighting was installed.
Load more

Recommended publications
  • Amending the Defense of Marriage Act: a Necessary Step Toward Gaining Full Legal Rights for Same-Sex Couples Nancy Kubasek
    Journal of Gender, Social Policy & the Law Volume 19 | Issue 3 Article 8 2011 Amending the Defense of Marriage Act: A Necessary Step Toward Gaining Full Legal Rights for Same-Sex Couples Nancy Kubasek Christy Glass Kate Cook Follow this and additional works at: http://digitalcommons.wcl.american.edu/jgspl Part of the Sexuality and the Law Commons Recommended Citation Kubasek, Nancy, Christy Glass, and Kate Cook. "Amending the Defense of Marriage Act: A Necessary Step Toward Gaining Full Legal Rights for Same-Sex Couples." American University Journal of Gender Social Policy and Law 19, no. 3 (2011): 959-986. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Journal of Gender, Social Policy & the Law by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. KUBASEK 4/30/11 9/1/2011 6:28 PM Kubasek et al.: Amending the Defense of Marriage Act: A Necessary Step Toward Gai AMENDING THE DEFENSE OF MARRIAGE ACT: A NECESSARY STEP TOWARD GAINING FULL LEGAL RIGHTS FOR SAME-SEX COUPLES NANCY KUBASEK, CHRISTY GLASS, AND KATE COOK I. Introduction ............................................................................................ 959 II. History of the Treatment of Same-Sex Relationships in the United States ............................................................................................... 962 III. Losses Imposed on Same-Sex Couples by Federal DOMA ................ 965 A. Federal Welfare Benefits .......................................................... 968 B. Tax Benefits .............................................................................. 969 C. Additional Benefits ................................................................... 970 IV. Alternative Approaches to Remedying the Problem ..........................
    [Show full text]
  • Marriage Equality Comes to the Fourth Circuit Carl Tobias University of Richmond School of Law, [email protected]
    Washington and Lee Law Review Volume 75 | Issue 4 Article 6 2-19-2019 Marriage Equality Comes to the Fourth Circuit Carl Tobias University of Richmond School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Constitutional Law Commons, Family Law Commons, Jurisprudence Commons, Law and Gender Commons, Sexuality and the Law Commons, and the Supreme Court of the United States Commons Recommended Citation Carl Tobias, Marriage Equality Comes to the Fourth Circuit, 75 Wash. & Lee L. Rev. 2005 (2018), https://scholarlycommons.law.wlu.edu/wlulr/vol75/iss4/6 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. Marriage Equality Comes to the Fourth Circuit Carl Tobias Table of Contents I. Introduction .................................................................... 2006 II. A Brief History of Marriage Equality ........................... 2006 III. Marriage Equality Litigation and Marriage Equality’s Implementation .............................................................. 2013 A. The Fourth Circuit ................................................... 2013 1. Virginia Litigation ............................................. 2014 a. Eastern District Opinion .............................
    [Show full text]
  • "Jews," "Homosexuals," and the Inclusion of Sexual Orientation As a Forbidden Characteristic in Antidiscrimination Laws Marc A
    University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2001 A Better Analogy: "Jews," "Homosexuals," and the Inclusion of Sexual Orientation as a Forbidden Characteristic in Antidiscrimination Laws Marc A. Fajer University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Civil Rights and Discrimination Commons, and the Law and Society Commons Recommended Citation Marc A. Fajer, A Better Analogy: "Jews," "Homosexuals," and the Inclusion of Sexual Orientation as a Forbidden Characteristic in Antidiscrimination Laws, 12 Stan. L. & Pol'y Rev. 37 (2001). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. A Better Analogy: "Jews," "Homosexuals," and the Inclusion of Sexual Orientation as a Forbidden Characteristic in Antidiscrimination Laws by Marc A. Fajer issues such as openly gay and lesbian I. INTRODUCTION A properly n zanced law of people serving in the military, A key issue in the struggle proponents of inclusion often for over civil and political rights antidiscrimijnation would analogize race and sexual orientation lesbians, bisexuals and gay men is protect the decisions of ("the race analogy"), pointing out whether to include "sexual both "J ws" and similarities in the exclusionary orientation" in the list of forbidden treatment of African-Americans and characteristics in traditional anti- "homosexu 7ls" to come of lesbians, bisexuals and gay men discrimination statutes.
    [Show full text]
  • Legalizing Same-Sex Marriage Through Conflicts of Law
    Conflicting Approaches: Legalizing Same-Sex Marriage Through Conflicts of Law KIMBERLY N. CHEHARDY† “When great changes occur in history, when great principles are involved, as a rule the majority are wrong. The minority are right.” —Eugene V. Debs1 I. INTRODUCTION On June 29, 2008, Governor David Paterson proceeded down Fifth Avenue in New York City to the enthusiastic cheers of onlookers.2 The last day of New York Pride 2008, Governor Paterson was being honored as a notable participant in the annual gay pride parade.3 The Governor’s role as a leader in the gay rights movement emerged almost immediately after he took office.4 Two months after the resignation of his disgraced predecessor, Eliot Spitzer, Governor Paterson issued an executive directive requiring state agencies to recognize out-of-state same-sex marriages.5 Hailing the decision as a major step toward legalizing same-sex marriage in New York, advocates praised Paterson’s vision and compassion.6 Yet, much like the resistance same-sex marriage is meeting across the country, † Juris Doctor candidate, Vermont Law School, 2009; M.H.R., University of Oklahoma; B.A., Loyola University New Orleans. I would like to express my gratitude for the significant assistance provided by Megan Roberts and Professor John Greabe of Vermont Law School. I am also grateful to the members of the Connecticut Public Interest Law Journal for their hard work. 1 Wisdom Quotes, Minorities Quotes, http://www.wisdomquotes.com/cat_minorities.html (last visited Apr. 14, 2009). 2 Jeremy W. Peters, Celebrating Gay Pride, and Its Friend in Albany, N.Y.
    [Show full text]
  • A Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities
    Alabama Law Scholarly Commons Articles Faculty Scholarship 2005 Navigating Dangerous Constitutional Straits: A Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities Ronald J. Krotoszynski Jr. University of Alabama - School of Law, [email protected] E. Gary Spitko Follow this and additional works at: https://scholarship.law.ua.edu/fac_articles Recommended Citation Ronald J. Krotoszynski Jr. & E. G. Spitko, Navigating Dangerous Constitutional Straits: A Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities, 76 U. Colo. L. Rev. 599 (2005). Available at: https://scholarship.law.ua.edu/fac_articles/519 This Article is brought to you for free and open access by the Faculty Scholarship at Alabama Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Alabama Law Scholarly Commons. UNIVERSITY OF COLORADO LAW REVIEW Volume 76, Number 3 2005 NAVIGATING DANGEROUS CONSTITUTIONAL STRAITS: A PROLEGOMENON ON THE FEDERAL MARRIAGE AMENDMENT AND THE DISENFRANCHISEMENT OF SEXUAL MINORITIES RONALD J. KROTOSZYNSKI, JR.* AND E. GARY SPITKO** *** Activist judges, however, have begun redefining marriage by court order, without regard for the will of the people and their elected representatives. On an issue of such great consequence, the people's voice must be heard. If judges insist on forcing their arbitrary will upon the people, the only alternative left to the people would be the constitutional process. Our nation must defend the sanctity of marriage.1 "[P]reserving the traditional institution of marriage" is just a kinder way of describing the State's moral disapproval of same-sex 2 couples.
    [Show full text]
  • Trait-Specific Marriage Laws and Heightened Scrutiny
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cornell Law Library Cornell Law Review Volume 99 Article 2 Issue 5 July 2014 Embracing Loving: Trait-Specific aM rriage Laws and Heightened Scrutiny Christopher R. Leslie Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Christopher R. Leslie, Embracing Loving: Trait-Specific aM rriage Laws and Heightened Scrutiny, 99 Cornell L. Rev. 1077 (2014) Available at: http://scholarship.law.cornell.edu/clr/vol99/iss5/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. \\jciprod01\productn\C\CRN\99-5\CRN502.txt unknown Seq: 1 23-JUL-14 11:40 EMBRACING LOVING: TRAIT-SPECIFIC MARRIAGE LAWS AND HEIGHTENED SCRUTINY Christopher R. Leslie† In the wake of the Supreme Court’s recent Windsor opinion, the focus of marriage equality litigation has returned to challenging state gender-spe- cific marriage laws that make a couple’s right to marry a function of their genders. The outcomes of these future legal challenges will be affected by the level of scrutiny that courts apply. To date, all courts that have applied heightened scrutiny have held same-sex marriage prohibitions to be unconsti- tutional, while courts applying rational basis review have often upheld such laws. Laws that classify or discriminate based on gender are generally subject to heightened scrutiny.
    [Show full text]
  • The Federal Marriage Amendment: to Protect the Sanctity of Marriage Or Destroy Constitutional Democracy?
    GW Law Faculty Publications & Other Works Faculty Scholarship 2005 The Federal Marriage Amendment: To Protect the Sanctity of Marriage or Destroy Constitutional Democracy? Joan Schaffner George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Joan E. Schaffner. The Federal Marriage Amendment: To Protect the Sanctity of Marriage or Destroy Constitutional Democracy?, 54 Am. U. L. Rev. 1487 (2005). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. THE FEDERAL MARRIAGE AMENDMENT: TO PROTECT THE SANCTITY OF MARRIAGE OR DESTROY CONSTITUTIONAL DEMOCRACY? Joan Schaffner [*] 54 AMERICAN UNIVERSITY LAW REVIEW 1487 (2005) Table of Contents Introduction: The Call for a Marriage Amendment I. Constitutional Amendment A. Limits on Constitutional Amendments B. Constitutional Amendment by Convention II. Amendments and Individual Rights A. The Repealed Eighteenth Amendment B. The Proposed Anti-Miscegenation Amendment C. The Proposed Anti-Divorce Amendment D. The Proposed Corwin Amendment E. The Proposed Flag-Burning Amendment III. Amendments and Separation of Powers: Amendments Overruling Supreme Court Decisions IV. Amendments and Federalism A. State Experimentation B. Protecting
    [Show full text]
  • Proposition 8 Is Unconstitutional, but Not Because the Ninth Circuit Said So
    NOTE Proposition 8 Is Unconstitutional, But Not Because the Ninth Circuit Said So: The Equal Protection Clause Does Not Support a Legal Distinction Between Denying the Right to Same-Sex Marriage and Not Providing It in the First Place Nathan Rouse* I. INTRODUCTION In 2008, advocates for marriage equality1 lost a hard-fought and contentious campaign battle in California: voters approved Proposition 8 and eliminated the right to same-sex marriage.2 The battle, however, had only begun. Two same-sex couples whose plans to marry had been can- celled by the passage of Proposition 8 sued the state in federal district court, maintaining that Proposition 8 violates the Constitution.3 They won. The district court issued a landmark decision in which the court broadly held that banning same-sex marriage violates both the Equal Pro- * J.D. Candidate, Seattle University School of Law, 2013; B.A., Comparative Literature, Colorado College, 2006. Thanks to Carrie Hobbs, Laura Turczanski, Daniel Lee, and Jamie Corning. And, of course, to Alex. 1. This Note will use the terms “marriage equality” and “same-sex marriage.” Although the term “gay marriage” is widely used, it is noninclusive. For example, the term does not include bi- sexual or transgendered persons. See Patrick Busch, Is Same-Sex Marriage A Threat to Traditional Marriages?: How Courts Struggle with the Question, 10 WASH. U. GLOBAL STUD. L. REV. 143, 143 n.1 (2011). But see Monte Neil Stewart, Genderless Marriage, Institutional Realities, and Judicial Elision, 1 DUKE J. CONST. L. & PUB. POL’Y 1, 5 n.6 (2006) (choosing the term “genderless mar- riage” because “same-sex marriage” suggests something different from opposite-sex marriages).
    [Show full text]
  • Fear and Loathing in Massachusetts: Same-Sex Marriage and Some Lessons from the Ih Story of Marriage and Divorce Joanna L
    Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2004 Fear and Loathing In Massachusetts: Same-Sex Marriage and Some Lessons From The iH story of Marriage and Divorce Joanna L. Grossman Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Joanna L. Grossman, Fear and Loathing In Massachusetts: Same-Sex Marriage and Some Lessons From The History of Marriage and Divorce, 14 B.U. Pub. Int. L.J. 87 (2004) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/913 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. FEAR AND LOATHING IN MASSACHUSETTS: SAME-SEX MARRIAGE AND SOME LESSONS FROM THE HISTORY OF MARRIAGE AND DIVORCE JOANNA L. GROSSMAN* In May 2004, Massachusetts became the first and only state in the union to permit same-sex couples to marry.1 A month earlier, Massachusetts Governor Mitt Romney had announced his intent to enforce a little-known 1913 state law limiting the ability of out-of-state couples to marry in Massachusetts unless their home state would also permit them to marry. 2 "Massachusetts should not become the Las Vegas of same-sex marriage,",3 he declared in a statement to the press. Las Vegas is known for its impulsive and often short-lived marriages, like the 55-hour marriage between Britney Spears and a childhood friend that was annulled Professor, Hofstra Law School.
    [Show full text]
  • 'Til Death Do Us Part: the Difficulties of Obtaining a Same-Sex Divorce Ellen Shapiro [email protected]
    Northwestern Journal of Law & Social Policy Volume 8 | Issue 2 Article 3 Spring 2013 'Til Death Do Us Part: The Difficulties of Obtaining a Same-Sex Divorce Ellen Shapiro [email protected] Recommended Citation Ellen Shapiro, 'Til Death Do Us Part: The Difficulties of Obtaining a Same-Sex Divorce, 8 Nw. J. L. & Soc. Pol'y. 208 (2013). http://scholarlycommons.law.northwestern.edu/njlsp/vol8/iss2/3 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Law & Social Policy by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2013 by Northwestern University School of Law Volume 8 (Spring 2013) Northwestern Journal of Law and Social Policy ’Til Death Do Us Part: The Difficulties of Obtaining a Same-Sex Divorce Ellen Shapiro* ABSTRACT This Article explores a problem faced by many wedded same-sex couples: the difficulty in obtaining a divorce. Suppose two men from Pennsylvania travel to Massachusetts to obtain a marriage license and return to Pennsylvania shortly thereafter. If their marriage breaks down, the couple will be unable to divorce in the state because Pennsylvania refuses to recognize the marriage for any purpose. Moreover, due to Massachusetts’ residency requirement, the couple cannot simply travel back to Massachusetts to divorce. Because this problem is in part encouraged by state mini- DOMAs, and the Supreme Court has the opportunity to rule on DOMA’s constitutionality, this Article will also explore the various rationales for holding DOMA unconstitutional, how each affects mini-DOMAs, and thus same-sex divorce.
    [Show full text]
  • Congressional Striptease: How the Failure of the 108Th Congress's Jurisdiction Stripping Bills Were Used for Political Success
    William & Mary Bill of Rights Journal Volume 14 (2005-2006) Issue 3 Article 13 February 2006 Congressional Striptease: How the Failure of the 108th Congress's Jurisdiction Stripping Bills Were Used for Political Success Laura Fellow Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Jurisdiction Commons Repository Citation Laura Fellow, Congressional Striptease: How the Failure of the 108th Congress's Jurisdiction Stripping Bills Were Used for Political Success, 14 Wm. & Mary Bill Rts. J. 1121 (2006), https://scholarship.law.wm.edu/wmborj/vol14/iss3/13 Copyright c 2006 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj CONGRESSIONAL STRIPTEASE: HOW THE FAILURES OF THE 108TH CONGRESS'S JURISDICTION-STRIPPING BILLS WERE USED FOR POLITICAL SUCCESS Laura N. Fellow* INTRODUCTION [L]egal scholars and commentators . have rendered a near-unanimous judgment... [that proposals to make excep- tions to Supreme Court jurisdiction] are ill-conceived and unconstitutional. But that consensus judgment has failed to deter or dampen political support for proposals [to divest Article III federal courts and the Supreme Court of jurisdiction]. Such proposals continue to be made periodically, in seeming correla- tion to corresponding denouncements of some perceived instance of excessive "activism" by the Court.' Written nearly twenty years ago as part of an impassioned plea to stop politically motivated jurisdiction-stripping measures, the situation described above is still on point, with one exception. In the past, congressional proposals to limit federal court jurisdiction have "reflect[ed] a substantive disagreement with the way the Supreme Court, the lower federal courts, or both have resolved particular issues."' 2 However, the trickle of court-curbing bills before the 108th Congress was * Laura Fellow is aJ.D.
    [Show full text]
  • Same-Sex Marriages: Legal Issues
    Order Code RL31994 CRS Report for Congress Received through the CRS Web Same-Sex Marriages: Legal Issues Updated June 15, 2005 Alison M. Smith Legislative Attorney American Law Division Congressional Research Service ˜ The Library of Congress Same-Sex Marriages: Legal Issues Summary Massachusetts became the first state to legalize marriage between same-sex couples May 17, 2004, as a result of a November 2003 decision by the state’s highest court that denying gay and lesbian couples the right to marry violated the state’s constitution. Currently federal law does not recognize same-sex marriages. This report discusses the Defense of Marriage Act (DOMA), P.L. 104-199, which prohibits federal recognition of same-sex marriages and allows individual states to refuse to recognize such marriages performed in other states, as well as discussing the potential legal challenges to the DOMA. Moreover this report summarizes the legal principles applied in determining the validity of a marriage contracted in another state; surveys the various approaches employed by states to prevent same-sex marriage; and discusses the recent House and Senate Resolutions introduced in the 109th Congress proposing a constitutional amendment (H.J.Res. 39, S.J.Res. 1, and S.J.Res. 13) and limiting Federal courts’ jurisdiction to hear or to determine any question pertaining to the interpretation of DOMA (H.R. 1100). Contents Defense of Marriage Act (DOMA) ................................2 Potential Constitutional Challenges to DOMA .......................3 Full Faith and
    [Show full text]