Tag: DOMA

  • A Mark in History of Marriage Equality: Family Story by John & Stuart

    A Mark in History of Marriage Equality: Family Story by John & Stuart

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    You know, the sense of the historic moment hanging over these cases is incredible, and the atmosphere is really electric…As my husband said, it really feels like our very lives are before the court. But there’s no mistaking this historic moment. The momentum leading up to these hearings is incredible. Every day, when we turn to the headlines, there’s some new polls showing increasing majority support nationwide for equal marriage rights.- Stuart Gaffney, interview on Democracy Now!

    Stuart Gaffney and John Lewis speaking on Democracy Now 26 March 2013
    Stuart Gaffney and John Lewis speaking on Democracy Now 26 March 2013

    That is a quote from Stuart Gaffney, media director at Marriage Equality USA, describing what it felt like, both as a married gay man and an activist, to be in the Supreme Court watching the arguments about the constitutionality of DOMA.  For those who don’t know, DOMA (Defense of Marriage Act) is a federal law enacted in 1996, that denies federal benefits to legally married same-sex couples.

    Our LGBTQ-logue pays homage to this historic moment (the Supreme Court discussing the systemic discrimination of sexual orientation is landmark!) by hearing the family story of Stuart Gaffney and his husband John Lewis, together for 25 years.  You can watch a full interview with them at DemocracyNow.org

    What follows in an excerpt of Stuart and John’s family story that was originally written for the Marriage Equality Quilt for National Freedom to Marry Day (PDF) in Feb. 2007.

    Stuart and John’s Story…

    is significant because it directly connects with the history of laws banning interracial marriage until the Supreme court deemed them unconstitutional in 1967.  This issue came up in the Supreme court when Justice Scalia asked attorney, Theodore Olson, when it became unconstitutional to exclude homosexual couples from marriage.

    Listen to Clip [sc_embed_player fileurl=”https://condommonologues.com/wp-content/uploads/2013/03/12-144-Hollingsworth-v.-Perry-trimmed.mp3″]

    For the entire Supreme Court argument on March 26, 2013, listen here.

    John and Stuart’s very own family story draws parallels of racial discrimination and discrimination on the basis of sexual orientation in marriage law.  As an interracial couple, Stuart’s parents- mother Chinese-American and father English/Irish American- faced the same barriers that Stuart and John face today. Read below:

    For nearly as long as we can remember, we each wanted to meet someone to fall in love with and start building a life together. For us, it happened in 1987, when we met at a neighborhood election party. When we met, John felt as if he had already known Stuart forever. To this day, when we visit old places from Stuart’s childhood, John feels like he was there with Stuart. And even before our second date, Stuart had already told his best friend from college, “I’ve met my future husband.”

    When we married at San Francisco City Hall on February 12, 2004 after 17 years together as a loving and committed couple, we felt for the first time in our lives that our government was treating us as equal human beings. Subsequently, the court ruled that our marriage was null and void. Since then, we have been working to educate our fellow Californians about the importance of equal marriage rights.

    This is not the first time our family had found itself in the center of a historic civil rights struggle for equal access to marriage. Stuart’s mother, who is Chinese American, and father, who is white, were only able to marry over 50 years ago, because the state’s ban on interracial marriage was overturned. Stuart’s mother remembers how one of her classmates at the University of California had to leave the state to marry her white fiancé before the law was changed.

    After their wedding, Stuart’s parents traveled across America and lived in many different parts of the country. When they moved to Missouri, they were disturbed to learn their marriage was illegal and void in Missouri because that state still prohibited marriages between Chinese-Americans and whites.

    But everywhere Stuart’s parents went, they educated people about interracial relationships by their very presence as a loving couple. We too have traveled across America as part of the coast-to-coast Marriage Equality Caravan to do the same — to show that our common humanity is the basis for marriage equality across the land.

    Like our parents before us, we simply want the freedom to marry the person of our choice and to have the same rights, recognition, and responsibilities for our family that all other loving and committed couples enjoy. Today, all of our parents want nothing more than for their son and son-in-law’s marriage to be legally recognized, just as their other children’s marriages are.

    To read their story in full, visit the website Marriage Equality USA.

  • Poster Child of DOMA: Testifying the impacts of marriage inequality

    Poster Child of DOMA: Testifying the impacts of marriage inequality

    LGBTQ-logue 004.

    I’m a tangible poster child for why DOMA should be repealed. If someone asks what’s unfair about our marriage not being recognized in all states, I can offer several examples, but here is the most glaring one: I’m dying. I have a terminal illness and I pretty much know my life span. My wife and I have been together since 1993, and we’re legally married in the state of California, yet the federal government does not recognize our marriage and the rights included therein.- Cathy, written testimony submitted before the Committee on the Judiciary, Respect for Marriage Act, July 20 2011.

    Important markers in US human rights history this week!  Hillary Clinton formally endorses marriage equality and next week the Supreme Court makes a decision on the repeal of the discriminatory Defense of Marriage Act.  For our weekly LGBTQlogue Initiative, we look back at beginning stages to repeal DOMA through the testimony of Cathy.

    Cathy is an activist dedicated to repealing DOMA and raising awareness about ALS.
    Cathy is an activist dedicated to repealing DOMA and raising awareness about ALS.

    Cathy and her wife have been together for twenty years.  Cathy is dying from Lou Gehrig’s disease with a life expectancy of one to five years. Because the federal government does not recognize their marriage, Cathy’s wife will not receive her social security survivor benefits after she passes away.  Instead, Cathy’s social security will go to the government.  In her written testimony for the Committee on the Judiciary of the Respect for Marriage Act, Cathy explains how DOMA denies her family basic rights and stability that come with federal recognition of marriage.  Cathy hopes to live long enough to see DOMA nullified.

    In January 2009, I was diagnosed with Amyotrophic Lateral Sclerosis (ALS) a.k.a. Lou Gehrig’s disease. This is a progressive, fatal neuromuscular disease. Most people with ALS die 2 to 5 years after diagnosis….I have a powerful incentive to live long enough to see the federal government recognize our marriage. Without this recognition, my wife will not receive my social security benefits.

    I met my wife in 1993 and we had our first unofficial wedding celebration on June 16, 2001. In February of 2004, we were one of thousands of couples who got married in San Francisco City Hall after Gavin Newsom honored our rights to marry. We had to travel three times to San Francisco in attempts get our marriage license because we weren’t allowed to schedule appointments as is done for heterosexuals. With thousands of other couples, we had to line up for blocks in rain, fog, cold, and wind for up to thirteen hours each trip. Our determination and steadfast love prevailed. The fourth time, we, like other couples, were allowed to schedule appointments and receive our marriage license. We exchanged vows immediately after in the glory of the S.F. City Hall rotunda. We framed our marriage license from the County of San Francisco, which the courts later nullified.

    Again we did not give up. We were one of the 18,000 gay couples who did get married legally in California before California’s Proposition 8 put an end to gay marriages in the state. Our marriage is still considered valid in California, so we do have the same rights as any married couple in California.

    However, when we step out of California, or deal with federal laws, we have none of those rights. This means if my wife and I travel out of state and my ALS requires a trip to the emergency room or a hospital stay, my wife could be denied the right to be with me at a time when I could be breathing my last breath.

    When I die, [my wife] will not get my social security benefits. For heterosexual couples all over the country, when a person dies, their spouse gets their social security benefits. You get a monthly stipend because you’ve been paying into social security all your working life. You then draw off that money after you retire and if you die, it goes to your spouse or your dependent.

    However, since the federal government does not recognize our marriage, [my wife] won’t get that. All the money I would have gotten to help support us if I were to grow older just goes back to the government. [My wife] can’t have it.

    I contacted attorneys to see if there was anything I could do. They told me that, in the eyes of the federal government, I have no spouse. A few friends suggested that I legally adopt my wife, but the only way I could do that was if she were mentally incompetent. I don’t have any children so when I die my hard-earned money goes back into a government that doesn’t honor our legal California vows. Not only will my wife suffer [the loss of her] life companion, she will suffer financially.

    Although some people consider social security benefits to be of minimal help, in this case it could mean the difference of my wife being able to pay her rent. We are not wealthy and, even though we are known regionally as “rock stars,” most of our years together we lived paycheck to paycheck. We did inherit some money after my brother Larry died of ALS, but most of this was spent on pre-paying my cremation, the death certificates, and taking care of other legal matters upon my death.

    So once again I emphasize that with DOMA currently in place, the absence of social security benefits will burden [my wife] during her already stressful and sorrowful grief and mourning. Because her immediate and extended families shun her, they certainly will not be helping her emotionally or financially. As more of my family members die of ALS, my wife’s support system will continue to diminish.

    We had a well-known duo, Duval Speck, a band, The Essentials, and produced three CDs. We performed all over California for LGBT rights and celebrations, ALS Benefits, and at “mainstream” public events. We never changed a word in any song, which made us vulnerable to “haters.” For example, if the lyrics were: “I fell in love with her, and knew she’d be my wife; I would comfort her for all of her life,” we’d never switch “her” to “him.”

    In 2009, the first year and a half after I was diagnosed, we produced, directed and performed in many benefit concert fundraisers for ALS. Sadly, the ALS has now taken away my ability to sing, and my arms and hands hurt and are too weak to play percussion. On Sept 25, 2010 we put on a hugely successful concert for ALS. That was the last time either of us performed.

    My wife, is also my caregiver. Doing her job, the tasks that I can’t do anymore, putting me to bed, cooking and monitoring how I eat, and making sure I can breathe, doesn’t leave much time for making music. If you have ever heard her play guitar and sing, you’d agree that she is uniquely wonderful. This is such a horrible loss for her and our friends and fans.

    I have to sleep with special equipment to deliver oxygen now, and my energy continues to decline. My degree of fatigue determines what I can accomplish each day. Nothing, and if you could see my face right now, you’d know I mean nothing will dampen my spirit. And, I hold onto hope that if I live long enough, maybe the laws will change and the federal government will recognize our marriage. That keeps me getting out of bed in the morning, striving for LGBT equal rights, and continuing to raise funds to find a cause and cure for ALS.

    .….if you want a real-life example of why DOMA is unjust, I’m right here–a 51-year-old woman dying from ALS (a disease our society tends to hide) and my wife, 53, with still plenty of life to live. I’m the “poster child” for “Repeal DOMA” and “Defeat ALS.” Some people in our great country don’t think we’re as good as they are, and don’t think we deserve the same rights. Well, we are as “good as they are” and we do deserve the same marriage rights. Go ahead and plaster my story on every wall and every screen.

    I’m not dead yet. Even the terminally crippling disease of ALS won’t stop me as I strive to open hearts and eyes, so that all may live with love and equality.

    Original (PDF) found on MarriageEquality.org

    Cathy has a blog: check it out.