Married same-sex couples in Maine will be able to file their state taxes jointly as married, as reported in this Portland Press Herald article.  For more information, contact GLAD’s InfoLine at 1-800-455-GLAD or gladlaw@glad.org.

December 29, 2012 is the earliest date that marriage licenses can be issued to same-sex marriage partners in Maine.  In addition, the new law extends legal recognition to same-sex marriages validly licensed and performed in other states.

To view the official Tax Alert from Maine Revenue Services, click here.

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.

The United States Supreme Court has released the briefing schedule for U.S. v. Windsor, the case the Court will hear this term challenging the constitutionality of Section 3 of the federal Defense of Marriage Act.  Briefs on the jurisdictional question are due February 20.  Briefs on the merits are due February 22.

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.

Same-sex couples will be able to begin marrying in Maine December 29, 2012. GLAD, in conjunction with EqualityMaine and Maine Women’s Lobby, held a webinar to answer common questions couples considering marriage may have.

Watch the Webinar:

Resources

Marriage in Maine: The Basics

Information on Marriage Licenses

Resources for Marrying/Weddings at EqualityMaine.org

Maine CDC Letter to Municipal Clerks Regarding Marriage for Same-sex Couples

Marriage Tips and Traps

Legal Rights, Protections, and Obligations for Married Families

How DOMA Hurts Americans - information about the current impact of the federal Defense of Marriage Act on married same-sex couples

If you have specific questions about your situation, please contact GLAD’s free and confidential Legal InfoLine at 800-455-GLAD or www.glad.org/rights

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.

Today, the United States Supreme Court announced that it will hear arguments in United States v. Windsor which challenges the constitutionality of the so-called Defense of Marriage Act (DOMA). The Court also granted a hearing to Hollingsworth v. Perry, the challenge to California’s Proposition 8. Arguments before the Court are likely to take place in March 2013.

“DOMA creates a gay-only exception to federal recognition of state-licensed marriages, and we believe that the federal government should stop discriminating against same-sex couples legally married by their states. We know from working with legally married same-sex couples since 2004 in Massachusetts that DOMA undermines their security in every aspect of life and death,” said Mary L. Bonauto, director of GLAD’s Civil Rights Project.

GLAD’s two DOMA challenges, Gill v. Office of Personnel Management and Pedersen v. Office of Personnel Management were also considered at today’s Supreme Court conference but were not granted certiorari. GLAD filed Gill, the country’s first strategic challenge to DOMA in 2009; and filed Pedersen in 2010.  Gill was the first case in which DOMA was found unconstitutional by a federal District Court, and also achieved the first appellate ruling that DOMA is unconstitutional in May 2012.

Of California’s Prop 8 case, Bonauto said, “The ability to commit in marriage to the person you love is profoundly important and should not have been taken away from committed same-sex couples. GLAD has been leading the fight for marriage equality for two decades, including the historic marriage equality breakthroughs in Massachusetts and Connecticut, and we are committed to the success of this case. That the issue will soon be heard by the Supreme Court is a vindication of our work to achieve equal protection under the law for same-sex couples. This day has been long in the making, and we are committed to the success of this case.”

Gill plaintiffs are married couples and widowers from Massachusetts, which became the first marriage equality state after GLAD’s 2003 victory in Goodridge v. Department of Public Health. Pedersen plaintiffs are married couples and a widower from Connecticut, New Hampshire, and Vermont.

DOMA denies federal recognition of the lawful marriages of same-sex couples, thereby denying legally married same-sex couples critical federal protections that other married couples receive.

Gill was held by the Court and will most likely be addressed by the Court in June.

The Windsor case was brought by the American Civil Liberties Union and Paul, Weiss, Rifkind, Wharton & Garrison LLP. The Perry case was brought by the American Foundation for Equal Rights.

For more information about DOMA, visit www.glad.org/doma.

Co-operating counsel in Gill and Pedersen are Jenner & Block LLP (Washington, DC), Foley Hoag LLP (Boston), Sullivan & Worcester LLP (Boston), Horton Shields & Knox (Hartford), and Kator Parks (Washington, D.C.).

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.

Maine’s new freedom to marry law, which allows same-sex couples to receive a marriage license, will take affect on Saturday, Dec. 29.

According to the Office of the Secretary of State, the certified election results for the state were signed off on by Gov. Paul LePage on Thursday, Nov. 29. The new law becomes effective 30 days from that date.

“The long wait for marriage for same-sex couples in Maine is almost over,” says Betsy Smith, the executive director of EqualityMaine. “Before the end of this year, all loving and committed couples in Maine will be able to stand before their friends, family and community and make a lasting vow to be there for one another.”

On Nov. 6, Maine became the first state to allow committed same-sex couples to receive a marriage license through a popular vote of the people.

While the law allows for same-sex couples to marry, there are a number of questions remaining concerning the implementation of law and the implications of potential action today in the U.S. Supreme Court concerning federal marriage law.

GLAD and EqualityMaine will make more information available concerning Maine’s first same-sex marriages when it becomes available. Planning is underway for an informational webinar to take place later this month.

GLAD has written an overview of the new law, which can be found at www.glad.org.

Anyone with questions about the law or issues related to marriage in Maine can contact GLAD’s Legal InfoLine at 800-455-GLAD or www.glad.org/rights.

“There is much to celebrate as we move closer to marriage for same-sex couples in Maine,” says Lee Swislow, the executive director of Gay & Lesbian Advocates & Defenders. “We will continue to work closely with state officials and with couples who want to get married to answer as many questions as we can about Maine’s new law.”

Maine Question 1, An Act To Allow Marriage Licenses For Same-Sex Couples And Protect Religious Freedom, was approved by the voters 53 to 47 percent.

This Act:
• Repeals the provision that limits marriage to one man and one woman;
• Authorizes marriage between any two persons who meet the other 
marriage requirements of state law;
• Specifies that a marriage between two persons of the same-sex in another state that is valid in that state is valid and must be recognized in Maine; and
• Provides that a member of the clergy is not required to perform and a religious institution is not required to host or perform a marriage in violation of religious beliefs, and that refusal cannot be the basis for a lawsuit or legal liability, and
will not affect the tax-exempt status of the religious institution.

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.

Joint Statement of EqualityMaine and Gay & Lesbian Advocates & Defenders

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.

Update: No news from the Supreme Court today on DOMA, Prop 8 or other LGBT-related matters.  The next day we are likely to hear something is Friday, December 7.

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.

Today, a Maine trial court judge dismissed the case of a transgender girl who experienced discrimination and harassment at her Orono school. GLAD, which is representing the student in the lawsuit, announced it will immediately appeal the decision.

“Our client Susan Doe is a transgender girl who was made an outcast by school officials and was subjected to severe bullying over the course of two years simply because of who she is, in violation of Maine anti-discrimination law,” said GLAD Senior Attorney Ben Klein, who argued in the case on behalf of the student. “The judge is wrong on the law and ignored critical facts in making his decision.”

“We will appeal this decision,” said Jennifer Levi director of GLAD’s Transgender Rights Project. “We always knew that the trial court was just the first step and that this lawsuit would ultimately be decided by Maine’s highest court. “Under Maine law, a transgender girl – whom the school acknowledged is a girl – needs to be able to live consistent with her gender. The school acknowledged that Susan could not otherwise progress in her academic development.”

Maine has a statewide law prohibiting discrimination against people based on gender identity and expression in all areas, including public education and public accommodations.

GLAD filed the lawsuit, known as Doe v. Clenchy, after officials at an Orono elementary school denied a transgender girl the use of the girls’ restroom and other facilities and restricted her participation in school activities. The school had previously allowed Doe to use the girls’ restroom without incident until one of her male classmates began making it an issue with coaching from his grandfather. Doe also suffered a campaign of harassment and bullying for over two school years at the hands of this classmate, whom the school failed to discipline. Eventually the bullying got so bad the parents were forced to withdraw their daughter and her twin brother from the Orono school system and move them to another part of the state where they could go to school quietly and safely.

GLAD and attorney Jodi L. Nofsinger of Berman & Simmons, P.A. are representing Susan Doe.

Attorney Klein argued the case at before Penobscot County Superior Court Judge William R. Anderson on Sept. 19.

GLAD staff are available to speak to members of the media about particular cases GLAD is handling, and about the legal rights of gay men, lesbians, bisexuals, transgender people, and people with HIV/AIDS. If you would like to speak to our staff for an article or interview, please call us at (617) 426-1350.