August, 01 2013, 10:13am EDT
For Immediate Release
Contact:
Robyn Shepherd, ACLU national, 212-519-7829 or 549-2666, media@aclu.org
Claire Guthrie Gastañaga, ACLU of Virginia, 804-337-3233 or 523-2146, claire@acluva.org
Jonathan Adams, Lambda Legal, 646-752-3251, jadams@lambdalegal.org
ACLU and Lambda Legal File Lawsuit Challenging Virginia Ban on Marriage for Same-Sex Couples
HARRISONBURG, Va.
The American Civil Liberties Union, the ACLU of Virginia, Lambda Legal, and the law firm Jenner and Block will file a federal class action lawsuit today seeking the freedom to marry for all same-sex couples in Virginia as well as an end to Virginia's refusal to recognize marriages same-sex couples have legally entered elsewhere.
The case was filed on behalf of Joanne Harris and Jessica Duff of Staunton and Christy Berghoff and Victoria Kidd of Winchester, and seeks to represent all same-sex couples in Virginia who wish to marry here or who have married in other jurisdictions.
"Virginia is home for us. Our families are here, our jobs are here, and our community is a great support for us, but it makes us sad that we cannot get married where we live," said Joanne Harris, a lifelong Virginian and the daughter of Bedford, Va., farmers. "It hits me in the gut that two hours from our house same-sex couples in Maryland and D.C. can marry. I have a serious medical condition and we've had to spend lots of money to try to make sure that Jessi can make decisions for me if there were ever a crisis."
"I'm an Air Force veteran, and if Virginia would just respect our marriage from D.C., it would ensure that my spouse and family could access all the benefits I've earned," said Christy Berghoff, from Winchester. "I've been with Victoria for almost a decade now, and it hurts to have our home state say we are not married when it recognizes marriages entered into by different-sex couples who may have only recently met."
Harris, 37, and Duff, 33, have been together since 2006 and have a 4-year-old son, Jabari. Berghoff and Kidd, both 34, have been together almost 10 years. They have an 8-month-old daughter, Lydia.
"More than half of the people of Virginia believe all Virginians should have the freedom to marry the person they love," said Claire Guthrie Gastanaga, executive director of the ACLU of Virginia. "Every day that same-sex couples in Virginia are denied the freedom to marry, the government sends a message that they are second class citizens and their families are not worthy of equal dignity and respect."
The lawsuit will be filed in the U.S. District Court for the Western District of Virginia. The plaintiffs allege that the commonwealth's constitutional and statutory marriage bans send a message that lesbians, gay men, and their children are viewed as second-class citizens who are undeserving of the legal sanction, respect, protections, and support that heterosexuals and their families are able to enjoy through marriage.
"This is one America. It's time for the freedom to marry to come to the South," Greg Nevins, supervising senior staff attorney in Lambda Legal's Southern Regional Office based in Atlanta. "We do not want a country divided by unfairness and discrimination. Same-sex couples are in loving, committed relationships in every region of our nation and should be treated the same way, whether they live in Maine or Virginia."
"Nationwide, more and more Americans have come to agree that committed same-sex couples should have the freedom to marry and have the same protections as any other married couple," said Amanda Goad, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. "Today's lawsuit in Virginia is just another step in ensuring that all families have the same rights across the country."
Virginia couples who have suffered from discrimination and are interested in sharing how marriage discrimination harms their families as part of a campaign for the freedom to marry are encouraged to join the hundreds of other Virginia couples who have filled out a survey at:
action.aclu.org/couples
More information on this case, including a copy of the complaint with a full list of counsel, can be found at:
aclu.org/lgbt-rights/harris-et-al-v-mcdonnell-et-al
Bios of the plaintiffs can be found at:
aclu.org/lgbt-rights/harris-et-al-v-mcdonnell-et-al-plaintiff-profiles#harrisduff
This press release is available at:
aclu.org/lgbt-rights/aclu-and-lambda-legal-file-lawsuit-challenging-virginia-ban-marriage-same-sex-couples
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Police Violently Arrest University of Texas Students Protesting Genocide in Gaza
"After 205 days of genocide and almost 40,000 Palestinian martyrs, it is shameful that UT continues to invest in mass murder and resorts to brutal intimidation tactics to try to silence its own students," said one protester.
Apr 29, 2024
Around 40 peaceful pro-Palestine protesters were arrested Monday on the campus of the University of Texas at Austin as police once again violently cracked down on student-led demonstrations against their school and country's complicity in Israel's genocidal assault on Gaza.
UT students and allies are calling for not only an end to the Gaza genocide but also a suspension of U.S. military aid to Israel and the university's divestment from Israeli investments. Protesters chanted slogans including "We are being peaceful, you are being violent!", "There is no riot here, why are you wearing riot gear?", and "Let them go!" as state troopers aided by local and campus cops dragged, hauled, and even wheeled targeted individuals into custody.
"Our main goal is to get the University of Texas to divest."
Organizers said police used so-called "less-lethal" weapons including flash-bang grenades, mace, and "other chemical munitions" against protesters. National Lawyers' Guild volunteers attempted to collect information from arrestees and inform them of their rights.
"After 205 days of genocide and almost 40,000 Palestinian martyrs, it is shameful that UT continues to invest in mass murder and resorts to brutal intimidation tactics to try to silence its own students, who are bravely taking a stand against genocide," said Lenna Nasr of the Palestinian Youth Movement.
"We demand that UT divest from the Zionist state of Israel and from all institutions and companies that are enabling the current genocide in Gaza," Nasr added. "And, we demand the resignation of [UT president Jay] Hartzell for greenlighting the militarized repression of peaceful student protestors on their own campus."
Mustafa Yowell, a UT engineering student whose father is from Texas and mother is from the occupied West Bank, toldAl Jazeera: "Our main goal is to get the University of Texas to divest. Stop sending money to Israel and divest from companies that profit off of war like Raytheon and Lockheed Martin. It has nothing to do with antisemitism, or Islam, or being Arab. It's about human rights, conflict, and oppression that people face."
Police commanders eventually ordered officers to retreat from the UT campus, sparking a tremendous cheer from demonstrators, who followed and tried to block a bus loaded with arrested protesters.
Arrested students have reported mistreatment in police custody, including incidents of Islamophobia. One young Muslim woman told Al Jazeera that she was denied period products and was forced to wear blood-soiled clothing.
Some students said they did not plan on protesting but felt compelled after witnessing how police treated the nonviolent demonstrators.
"We weren't planning on doing anything like this until we saw students' heads getting smashed into the ground up the road," Joseph Ely, a graduate student and president of the Palestine Solidarity Committee at Texas State University in San Marcos, about 30 miles southwest of Austin, toldKUT News. "It was really the police at the University of Texas that provoked us to do this."
Republican Texas Gov. Greg Abbott weighed in on the arrests in a social media post declaring that "no encampments will be allowed."
In response, Congressman Joaquin Castro (D-Texas) accused Abbott of "escalating the situation at UT Austin and putting Texas students and journalists in danger."
Monday's arrests follow last week's violent raid on pro-Palestine protesters at UT, during which dozens of people were arrested and at least one journalist and professor were brutalized along with numerous student protesters. Monday's action also came amid a growing wave of nationwide campus demonstrations against the Gaza genocide and complicity by the U.S. government and universities.
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Poor People's Campaign Plans June 29 Mass Assembly, March in DC
"This is a crisis moment for our democracy," said one campaigner. "We need for our political leaders to become moral leaders and take seriously the needs and priorities of the millions of people struggling simply to survive."
Apr 29, 2024
Leaders of the Poor People's Campaign: A National Call for Moral Revival on Monday announced plans for the Mass Poor People & Low-Wage Workers' Assembly & Moral March in Washington, D.C. on June 29, just over four months before the U.S. elections.
The aim of the assembly and march is to "mobilize the one-third of the U.S. electorate who are poor and low-wage infrequent voters" as well as to pressure political leaders to embrace a 17-point agenda during the 2024 election cycle and beyond.
"It does not stand to reason—morally, economically, or politically—that in the richest nation in the history of the world, 800 people die every day from poverty and low wealth," declared Bishop William J. Barber II, co-chair of the Poor People's Campaign and president and senior lecturer of Repairers of the Breach. "Politicians then made the conscious choice to increase poverty to where it was before—an unconscionable reminder that mass poverty is a political choice, not an inevitable law of nature."
"We are here to say we must restore the moral conscience of this nation, and elect leaders across the country who will make different choices—not to raise poverty, but to lower it; not to give out tax breaks to wealthy corporations, but to those who are struggling to make ends meet," he continued. "These are the priorities of one-third of the U.S. electorate, and any candidate interested in activating these voters must speak to our issues and our values."
The agenda, revealed during the campaign's Monday press conference, is:
- Abolishing poverty as the fourth-leading cause of death in the U.S.
- A living minimum wage of at least $15+/hour (indexed for inflation)
- Full and expanded voting rights
- No more voter suppression
- Guaranteed workers' rights and labor rights
- Healthcare for all
- Affordable, adequate housing
- Strong social welfare and safety net programs
- An end to gun violence, profit, and proliferation
- Fully protected women's rights
- Environmental justice that secures clean air and water
- Justice for all Indigenous nations
- Fully funded public education
- Just immigration laws
- Addressing militarism and the war economy
- Standing for peace not war; an immediate cease-fire in Gaza that allows humanitarian relief, the release of all hostages, and peace with justice to be pursued; and an end to genocide around the world
- An end to hate, division, and the extremist political agenda
"We are a resurrection of the unheard voices in this democracy, not an insurrection," said Rev. Dr. Liz Theoharis, co-chair of the Poor People's Campaign and director of the Kairos Center for Religions, Rights, and Social Justice. "After years of historic union drives and grassroots organizing, we are demonstrating our power at the polls in 2024. We will elect leaders with the courage to abolish poverty, raise wages, safeguard voting rights, and meet the basic needs of struggling families."
In addition to Theoharis and Barber's groups, supporters of the assembly and march include the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), Christian Church Disciples of Christ, Common Cause, Fellowship of Affirming Ministries, Good Trouble, Kentuckians for the Commonwealth, Make It Plain, National Council of Churches, National Council of Jewish Women, Service Employees International Union, and Union of Southern Service Workers.
"Workers' rights, civil rights, and human rights are on the ballot this election. American voters will decide: Do we want to stay the course and keep on this path toward a more compassionate government or revert back to this morally bankrupt nation?" said Fred Redmond, secretary-treasurer of the AFL-CIO. "The American labor movement is committed to registering and mobilizing union members and union families around the mass mobilization on June 29. We're going to elect lawmakers who will advocate for workers and poor people to elect leaders who will put people over profits, protect our democracy, and advance worker and civil and human rights."
In addition to choosing between Democratic President Joe Biden and former Republican President Donald Trump, U.S. voters in November will decide which party controls each house of Congress. There will also be various consequential local and state elections, including ballot measures to protect key rights such as access to abortion care.
"This is a crisis moment for our democracy," stressed Rosalyn Pelles, a senior advisor to the Poor People's Campaign. "In order for our nation not to continue down the path of autocracy, we need for our political leaders to become moral leaders and take seriously the needs and priorities of the millions of people struggling simply to survive."
"Congress must lead, by bringing forward comprehensive legislation to restore the child tax credit and raise the minimum wage," Pelles argued. "The media must do more, by covering the experiences of people struggling to get by, not just the words and whims of the wealthy and powerful. And the White House must treat poverty like the crisis it is, if this administration is serious about saving our democracy. We all must act, and that is what June 29th is all about."
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'We Do Not Support' ICC Probe of Israeli War Crimes in Gaza, Says White House
"ICC warrants against Israel and Hamas will offer the West a choice: Either torpedo the international criminal justice project they have advanced since 1945 for good or hypocritically demand impunity for Israeli war crimes."
Apr 29, 2024
White House Press Secretary Karine Jean-Pierre on Monday reaffirmed the Biden administration's opposition to the International Criminal Court potentially issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu or other top officials related to Israel's war on the Gaza Strip.
"Would the U.S. or the White House see any potential arrests by the ICC as an aggravating factor in the negotiations?" one journalist asked about talks to end the bloodshed and free hostages.
Jean-Pierre responded: "So, we've been really clear about the ICC investigation. We do not support it. We don't believe that they have the jurisdiction. And I'm just gonna leave it there for now."
#WATCH | On International Criminal Court's (ICC) investigation into Israel's conduct in Gaza, White House press secretary Karine Jean Pierre says, "...We don't believe is in the ICC jurisdiction in this situation. We do not support the investigation. And I think that kind of… pic.twitter.com/du8NpEtLxj
— ANI (@ANI) April 29, 2024
Asked later about President Joe Biden's Sunday call with Netanyahu and whether the U.S. government is involved in any attempts to avert warrants from the Hague-based court, the press secretary echoed her previous comments.
The exchanges followed reporting that the Israeli government, in partnership with the U.S., is "making a concerted effort to head off" possible arrest warrants from the ICC targeting Netanyahu as well as Israeli Defense Minister Yoav Gallant and Israel Defense Forces (IDF) Chief of Staff Herzi Halevi.
Citing two unnamed Israeli officials, Axiosreported that Netanyahu on Sunday asked Biden to help prevent the ICC from issuing warrants. A spokesperson for the White House National Security Council told the outlet that "as we have publicly said many times, the ICC has no jurisdiction in this situation and we do not support its investigation."
Neither Israel nor the United States is a party to the Rome Statute of the International Criminal Court, the treaty that established the tribunal, but Palestine accepted its jurisdiction over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem," in 2015.
The ICC formally launched its war crimes investigation in the occupied Palestinian territories in 2021, long before the IDF began its ongoing retaliation for the Hamas-led attack October 7 on Israel. The probe includes crimes going back to June 13, 2014.
Urging Biden "to intervene as part of the administration's ongoing commitment to Israel," U.S. Sen. John Fetterman (D-Pa.) on Monday declared that "it would be a fatal blow to the judicial and moral standing of ICC to pursue this path against Israel."
Mark Kersten, an assistant professor at the University of the Fraser Valley, responded: "Now a Democratic senator is threatening the ICC's very existence if it does what it was created to do: Impartially and independently investigate international crimes, without fear or favor. I hope this grotesque threat and atrocity-denialism is roundly condemned."
Also noting Fetterman's comments, Alonso Gurmendi, a lecturer in international relations at King's College London, said: "They really don't realize just how isolated Western governments are on this. Even among their own populations. This won't be a fatal blow to the ICC. It will relaunch its relationship with the global majority. Fighting this will only isolate and weaken the West further."
In January, the International Court of Justice found that Israel is "plausibly" engaged in genocide in Gaza. As of Monday, the Israeli bombardment and blockade had killed at least 34,488 Palestinians in the Hamas-governed strip, injured another 77,643, left thousands more missing in bombed-out communities, and displaced around 90% of the enclave's 2.3 million people.
Since October, the United States has ramped up its billions of dollars in military support for Israel. The Biden administration has been accused of being complicit in genocide in federal court. The next hearing in the case is scheduled for June.
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