DOMA Lawsuit Wins First Victory

A plaintiff in a lawsuit against the federal Defense of Marriage Act will be allowed to get a U.S. passport using his married name, Gay and Lesbian Advocates and Defenders announced on Wednesday.

By Julie Bolcer

A plaintiff in a lawsuit against the federal Defense of Marriage Act will be allowed to get a U.S. passport using his married name, Gay and Lesbian Advocates and Defenders announced on Wednesday. The victory is the result of a recent change in State Department policy for the issuance of passports to people who change their name after marrying someone of the same sex.

GLAD filed its lawsuit, Gill v. Office of Personnel Management, in March to challenge section 3 of DOMA on behalf of six married same-sex couples and three men whose same-sex spouses have died. Section 3 of the law concerns federal recognition of same-sex marriages. In addition to the passport issue, other plaintiffs' claims in the lawsuit involve taxation, Social Security, and federal employees' benefits.

The passport complaint involved Keith Toney, who was able to change his last name from Fitzpatrick on his Massachusetts driver's license after he married Al Toney III in 2004. However, the federal government denied his request to change his name on his passport, citing DOMA, which resulted in a frustrating discrepancy in his legal identification.

According to a letter sent to GLAD by the Department of Justice, the State Department will now issue passports to all married same-sex couples based on the name on their marriage certificates, provided the state issuing the certificate recognizes the name change in law.

Toney will apply for his new passport in Boston on Monday.

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Name: Michael & Mario
Date posted: 6/17/2009 7:02:00 PM
Hometown: Paris, France

Comment:
THIS IS NO VICTORY !!! But a clever legal trap. By not challenging this part of the lawsuit, the Obama administration ensures that all the bi-national same-sex couples leaving in exile due to our homophobic immigration laws will remain exiled. This was the only portion of the lawsuit which might have open a door for those couples to return into the USA. But now that there is no contention about the Passport issue (nor immigration)....the only hope is for Congress to pass the Uniting American Families Act. PLEASE - everyone, call and write your Senator or Representative....ask them to support UAFA (S 424 or HR 1024) Thanks
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Name: RonK
Date posted: 6/17/2009 3:18:00 PM
Hometown: Clifton, NJ

Comment:
It's rediculous! God forbid CA keeps Prop8, then what happens to the people whose marragies are allowed to stand while the state law does not! On which side does the State Department then stand?
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Name: Glo
Date posted: 6/17/2009 2:52:00 PM
Hometown: Wash DC

Comment:
Wow, finally Bill Clintons's horrible law is being dismantled. Obama needs to do more to atone for the sins of the Clinton Administration. When are we gonna let Soldiers be out and proud? I dont think there is a higher priority seeing as we have two wars and potential conflicts on the back burner with Iran and North Korea. Give those brave Soldiers the same rights as their fellow Soldiers. We ask so much of them.
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Name: K
Date posted: 6/17/2009 11:09:00 AM
Hometown: Virginia

Comment:
Not to be trite, but "Mighty oaks from little acorns grow." This is important. The more small breaks we make in the brick wall that is DOMA, the closer we come to the day when the wall comes crumbling down. Or, just for the heck of it, we could all call 202-456-1111 and say "President Obama, tear down that wall!"
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Name: John H
Date posted: 6/17/2009 10:53:00 AM
Hometown: Orono, ME

Comment:
This isn't being appealed? That's fantastic... Small stuff, sure. But DOMA says that the federal government will only recognize marriage between a man and a woman, and now they are recognizing the marriages of gay couples (by using their marriage certificates as acceptable proof of name change). Again, on a very small sale in this instance, but still, that's a first, as far as I know.
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Name: Patrick Muller
Date posted: 6/17/2009 10:52:00 AM
Hometown: Hills, Iowa

Comment:
This should be a strategy for all married couples. The more that there is in writing, the harder to stop the movement!
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Name: garychapelhill
Date posted: 6/17/2009 10:42:00 AM
Hometown: chapel hill, nc

Comment:
So John Berry's OPM was a defendant trying to argue the case by citing DOMA? And we're supposed to believe he gives a damn about us? And those recent changes at the State Dept, wouldn't just so happen to have been enacted by Sec. Clinton would they? So much for the apologists who scream that Hillary would have been worse. The Obama administration is the worst nightmare for gay and lesbian civil rights.
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Name: JK
Date posted: 6/17/2009 10:33:00 AM
Hometown: NJ

Comment:
The Feds shouldn't give a rats ass as to what you legally change your name to or how it's done. The fact that it's legal in Mass. should have been enough. Good win! I can see the hassles now when you have a passport that says one name and another ID that says a different name.... This is intended cruel & unusual punishment!
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Name: Paul
Date posted: 6/17/2009 10:32:00 AM
Hometown: New York, NY

Comment:
It appears that DOMA and the federal ban on marriage may fall apart brick by brick, rather than in one fell swoop. It's totally inevitable. When the top Republicans are saying that marriage for all is right, then you know change is happening. Now let's get our disappointing president on board.

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