Monthly Archives: June 2013

What DOMA means for Indiana: nothing changes, but everything changes

I have not yet begun to fight

Both the ACLU (our friends!) and the Indiana branch of the American Family Association (not our friends at all!) are noting that the DOMA decision by the Supreme Court doesn’t have any direct effect on same-sex marriage in Indiana, according to the Indy Star.

Indiana has a law on the books banning same-sex marriage, and a marriage discrimination amendment (HJR-6) to the state constitution is currently half-way through the legislative process. It will need to be voted through the state legislature and approved by the governor a second time before it can go on Indiana’s ballot.

Technically, it is true that DOMA doesn’t have a direct effect, but the fall of (part of) DOMA is the an important domino to fall in achieving marriage equality in Indiana. The SCOTUS ruling on DOMA today means Indiana and other states where same-sex marriage is not yet recognized will have room to make a case for discrimination on the necessity reciprocity of the law from one state to another. The portion of DOMA that restricts recognizing same-sex marriages from one state in other states is still in place. But given today’s ruling, it’s hard to imagine that it will remain in place for very long, because even before the ruling came down, Supreme Court Justice Anthony Kennedy was asking pointed questions about DOMA being a question of gender discrimination.

In reality, the only serious barrier that remains now between married gay Hoosiers and legal marriage recognition is the state of Indiana and Hoosier opinion, not the Federal Government. They only thing stopping us now, realistically, is something that WE LGBT HOOSIERS can affect, and something that only we can affect. The fight is now up to us, and it’s a battle we can win, because it’s a battle for hearts and minds in Indiana, where we live, and where we can reach the fight. It’s no longer a fight across the country, or a fight in Washington, D.C. It’s a fight on our home turf.

Back in February Indiana lawmakers were saying that they wanted to wait on pursuing the second have of the Indiana Marriage Discrimination Amendment (HJR-6), because they wanted to see if the ruling was broad or narrow. They were being canny; they suspected that the courts would rule on a narrow change in DOMA and leave the rest of it in place. But I do think it’s a sign of something else as well.

I really believe that the will to tackle this by our State Legislators is going to wane rapidly, even though they are saying something different in the news this morning. I think that Republican lawmakers, even those in Indiana, are going to realize more fully in the days and weeks to come that they are in the wrong side of this fight, and that it’s not a question of if, but a question of when.

We have beat back this amendment several times over the years. Certainly that was with the help of powerful friends on the Democratic side of the aisle and we don’t have those numbers with us after the last several elections, but we do still have the power of large corporations in Indiana who have stood with us time and again because they understand that they can’t attract a strong workforce in an uneducated and intolerant state. I think if we can get some powerful visuals in place, the average folks in Indiana will start to make the idea unpopular.

As noted at the tail end of the Indy Star’s article on how DOMA affects us:

Ball State University’s Hoosier Poll last fall found Hoosiers evenly split over whether same-sex marriages should be legal. But a majority supported legalizing civil unions and opposed changing Indiana’s constitution to ban gay marriage.

The second sentence of Indiana’s Discrimination Amendment is what will kill the bill – “A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.” That goes towards animus, and falls afoul of today’s DOMA ruling. It will be the key to beating back this amendment in the state legislature next year, and falling short of that, changing the hearts of Hoosiers across the state.

Continue ReadingWhat DOMA means for Indiana: nothing changes, but everything changes

Decision Day: DOMA and Prop-8 Fall

Defense of Marriage Act is Unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment..

Link to the decision: UNITED STATES v. WINDSOR, EXECUTOR OF THE
ESTATE OF SPYER, ET AL.

From SCOTUSblog:

So does this mean that I’ll be able to file joint taxes with my wife? From Amy: Yes. Perhaps for the first time ever, many people will be eager to file their taxes next April 15.

And Prop 8 fails, too!

Link to the decision: HOLLINGSWORTH ET AL. v. PERRY ET AL.

From SCOTUSblog:

Here’s a Plain English take on Hollingsworth v. Perry, the challenge to the constitutionality of California’s Proposition 8, which bans same-sex marriage: After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case.

And a good analysis of what the end of DOMA means for married gay couples:

The Supreme Court’s decision to invalidate the Defense of Marriage Act means that gay married couples will have access to the federal benefits now enjoyed by other marrieds.

These benefits include tax breaks, Social Security benefits and estate planning advantages that until now were denied gay couples, even if their marriages were recognized under state law.

Among other things, gay marrieds will now be able to:

  • claim Social Security benefits based on a spouse’s working record and qualify for survivor benefits.
    fund an IRA or Roth IRA for a nonworking spouse.
  • split a retirement fund or other assets without triggering tax bills if they divorce.
  • exempt health care benefits for a spouse from their federal income.
  • bequeath their estate to a spouse without triggering potential federal estate taxes.

These gains may come with a cost: as NerdWallet puts it, “federal income tax brackets are in fact easier on high-income individuals than they are on most high-income married couples.” NerdWallet figured that same-sex couples earning more than $146,000 may see their tax bill go up by over $1,000.
One of my gay friends, a financial planner, just posted to her Facebook page that her taxes are likely to go up by several thousand dollars. But she was happy, as she put it, to “take one for the team.”

The Supremes
Thanks, Supremes!

Continue ReadingDecision Day: DOMA and Prop-8 Fall

ACLU takes Indiana BMV back to court over IYG Plates

The American Civil Liberties Union announced today that it is take the Indiana Bureau of Motor Vehicles back to court over their refusal to begin re-issuing new IYG license plates.

Here is the press release by the ACLU about this recent action: IYG v. BMV 6-19-2013 [PDF]

Text of the release:

Indiana Youth Group Fights Back

BMV’s involvement in its own review “violates due process and is unconstitutional” says ACLU of Indiana

Indianapolis –The American Civil Liberties Union of Indiana today on behalf of the Indiana Youth Group filed a lawsuit challenging the authority of the Indiana Bureau of Motor Vehicles to issue an Order of Remand on its Administrative Law Judge’s order to restore IYG’s specialty license plate. The ACLU of Indiana seeks to void the order and ensure that proceedings are performed by a “neutral and impartial” decision maker.

“The BMV commissioner acting as the appellate and final authority over a decision that he, in effect, issued, violates the right to have an impartial decision maker in administrative adjudications and therefore violates the fundamental principle of due process guaranteed by the Fourteenth Amendment,” said Ken Falk, ACLU of Indiana Legal Director.

On Friday, June 14, BMV commissioner R. Scott Waddell issued an Order of Remand effectively reversing the decision of the Administrative Law Judge, who had ruled in May that the State violated the IYG’s specialty license plate contract when it issued a suspension of the plate last year without giving the nonprofit the required notice and a chance to correct any issues. The AL J also found that IYG’s actions did not constitute a sale of low-digit specialty plates, as 20 Indiana State Senators had claimed in March of 2012. These state senators asked the BMV to terminate IYG’s contract after they had been ineffective in passing legislation to that effect.

ACLU of Indiana Executive Director Jane Henegar said, “IYG does admirable work providing guidance to young people. IYG wants what has been denied at every turn in its quest to obtain a specialty license plate in support of its work: fair treatment by our government. The ACLU of Indiana hopes to help put an end to an unnecessarily lengthy and contentious process that has done nothing but stand in the way of real help for children in need.”

Mary Byrne, IYG executive director, said she feels as though the BMV “is just being vindictive.”

“There was nothing ambiguous in the administrative law judge’s ruling,” said Byrne. “The BMV had a chance to present its side at the administrative hearing, and they lost. The BMV simply does not want IYG to get its plate back, ever.”

Indiana Youth Group, Inc. v. R. Scott Waddell, Case no. 1:13-cv-00981-JMS-MJD, was filed June 19 in the U.S. District Court Southern District of Indiana, Indianapolis Division.

Related articles that account the ongoing saga:

IYG versus BMV-6-19-2013

Continue ReadingACLU takes Indiana BMV back to court over IYG Plates

BMV seeks ‘clarity’ on Indiana Youth Group license plates

Despite the fact that a recent judge’s ruling determined that the state improperly revoked IYG’s specialty license plate, the Indiana Bureau of Motor Vehicles is asking for ‘clarity’ on the issue, before resuming sales of the specialty plate that both benefits the Indiana Youth Group and earns the State additional tax revenue.

Indiana Youth Group License Plate

I’ve written about this issue before: homophobes in Indiana’s State Legislature have attacked the IYG plates using a two-pronged approach: 1) through state legislation designed to re-write the specialty plate program to exclude the gay youth advocacy organization, and 2) directly by ordering the BMV to stop issuing plates. The BMV complied with the order from legislators by finding a technicality in their own unclear instructions for distributing plates and claiming that IYG violated that rule. Unfortunately other non-profit organizations were caught in the State Legislature’s homophobic cross-fire and had their plates revoked due to the same technicality. Fortunately saner heads in the judicial system prevailed and the BMV were ordered to recind their block on the specialty plates.

It’s fascinating(ly ironic) that the BMV is asking for ‘clarity” given that they have been trying to obscure application information and obstruct IYG’s application for a specialty plate since they first applied for plates in 2009. After being turned down for unclear reasons TWICE, IYG finally sued to get the rules to be made clear for applications with the help of the ACLU in 2010.

After they successfully got a clear understanding of the rules and proved that they met them, they were issued plates – only to have the Indiana State Legislature locate a technicality to get their plates revoked, again through unclear language in the rules about distributing plates.

Where do thing stand now? It’s unclear:

“This does not shut the door at all on IYG getting their plates back,” BMV spokesman Josh Gillespie said. “We’re just looking at some further clarity on some issues that we felt were a little ambiguous.”

Nice that the BMV wants clarity. (Now) To bad they weren’t helpful with that over that for the last 4+ years of this process. But when your homophobic agenda depends on being unclear, it’s not surprising. Presumably those of us who purchased and were issued IYG plates can continue to renew them, but they aren’t resuming new sales right now, until they have clarity.

What could happen in the future:

Even given this judicial ruling, and if the “clarity” happens through the judicial system, the homophobes from the Indiana State Legislature have left themselves a back-door way to eliminate the plate in the future in the form of legislation they passed in the 2013 legislative season.

The Indiana state legislature passed House Bill 1279 in 2013 which states (in digest):

Special group, disabled Hoosier veteran, and National Guard license plates. Creates the special group recognition license plate committee consisting of eight members of the general assembly, and specifies that the primary purpose of the committee is to make recommendations to the bureau of motor vehicles (bureau) regarding special group recognition license plates (plate). Specifies the criteria to be met by a special group for the issuance of a plate. Specifies procedures for continued participation in the special group recognition license plate program by a special group, including sales and renewal requirements. Provides that a person who is an active member of the Army or Air National Guard may apply for and receive one or more National Guard license plates. (Current law requires that the person must be an active member of the Indiana Army or Air National Guard.) Requires the bureau to design a National Guard license plate. Removes the restriction that not more than two disabled Hoosier veteran license plates may be issued to one person. Makes conforming amendments.

Emphasis is mine, and yeah, that language I highlighted is pretty telling – they’ve set up a committee for rubber-stamping specialty group plates, and some criteria that they can manipulate in the future to exclude IYG and potentially other groups they don’t agree with. So even if the judge ‘clarifies’ the rules, the Indiana State Legislature can change the rules in the future on a whim.

Here is hoping that the homophobes will be too embarrassed by their bigoted, bullying behavior targeting teenagers to continue down this path in the future.

Continue ReadingBMV seeks ‘clarity’ on Indiana Youth Group license plates

The 25th Annual Circle City Pride Celebration, June 8th

The Circle City Pride Celebration is a week of events, culminating in the Pride Parade and Festival on Saturday, June 8th. Visit their site for a list of the events; there’s lots to do this year throughout the week. But definitely the highlights are the parade and festival on Saturday.

The Cadillac Barbie Pride Parade kicks off at 10 am on Massachusetts Avenue and winds through downtown to the festival site at the American Legion Mall. There are over 100 groups marching in the parade and thousands of spectators. Come early to get a good spot – people begin assembling for the parade at 8:30 am. (I’ll be marching with city-county council member Zach Adamson’s group this year).

Indy Pride

The Circle City Pride Festival gates open at 11 a.m on Michigan street. The festival stretches 3 city blocks, and hosts over 300 vendors and dozens of different entertainers during the course of the day.

Indy Pride

Over the 25 years that this event has been going on, the Pride Celebration has been transformed from a small community event to a diverse state-wide gathering of thousands of people from all walks of life. Today the parade and festival have an estimated attendance of 80,000 people, with events going on all week long. The Indianapolis Star as a nice article about the 25 year history of the pride celebration that’s very worth reading. I was one of the attendees at the first pride celebration on the circle in 1988. I drove down with friends from Ball State to set up a booth for Ball State’s LGBT Student Association, now called “Spectrum.” It was held on the Circle the first few years, attended by several hundred people and lots of protestors.

I think the Pride organizers have done a fantastic job of growing the festival, and of making the event worthy of a city the size of Indianapolis. I’ve been a part of organizing events like this in the past – it isn’t easy and there are lots of details to chase down. I have a lot of respect for what the organization has been able to build over the years. I’m excited for this year’s event; it promises to be bigger and better than years past.

Continue ReadingThe 25th Annual Circle City Pride Celebration, June 8th