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BREAKING: Another Federal Judge Strikes Down DOMA

Edie Windsor (Photo via Scott Wooledge)

Another federal judge has struck down the Defense of Marriage Act (DOMA), finding the law unconstitutional.

The victory comes in the case of Edie Windsor, who was seeking a refund of the federal estate tax paid by the estate of her late wife. From the ruling:

The Court declares that section 3 of the Defense of Marriage Act is unconstitutional as applied to the Plaintiff. Plaintiff is awarded judgment in the amount of $353,053.00, plus interest and costs allowed by law.

It’s another loss for Paul Clement and House Speaker John Boehner’s (R-OH) Bipartisan Legal Advisory Group of the House of Representatives (“BLAG”), who had claimed that her homosexuality was a “choice.”

Windsor’s attorneys had argued that “DOMA violates the Equal Protection principles of the U.S. Constitution because it recognizes existing marriages of heterosexual couples, but not of same-sex couples, despite the fact that New York State treats all marriages the same.”

Update

More from the ruling: “It does not follow from the exclusion of one group from federal benefits (same-sex married persons) that another group of people (opposite-sex married couples) will be incentivized to take any action, whether that is marriage or procreations.”

NEWS FLASH

14-Year-Old Radio Host: Obama And Biden Are ‘Making Kids Gay’ | A 14-year-old radio talk show host in West Virginia is claiming that President Obama and Vice President Biden are turning children gay by coming out in favor of same-sex marriage. “Homosexuality is a belief,” Caiden Cowger explained during a May 26th broadcast. “It is not mandatory in that person…it is sickening.” “I’m going to tell you this, guys: President Obama, Vice President Biden is [sic] making kids gay!” he insisted. “Obama — if you are encouraging it, you are making kids gay.” Watch it:

NEWS FLASH

Cincinnati Teacher Hired Then Fired When School Found Out He Is Gay | Music teacher John Zeng says that several hours after being hired at Cincinatti Hills Christian Academy, he was called back by school officials and asked if he is gay. When he asked why that was relevant, they replied that the school has a policy of not employing gay teachers. “What they did was very painful,” Zeng said. “I hope that many of their school families and supporters don’t feel that way.” School officials refuse to answer questions about the incident.

– Ben Sherman

NEWS FLASH

POLL: Majority Believe In Marriage Equality, But Ex-Gay Mythology Still Strong | A new CNN/ORC poll shows that a majority of Americans continue to support marriage equality, with 54 percent saying it should be legal and only 42 percent opposed, the highest level of favor ever found in this particular poll. Also noteworthy was the fact that 60 percent said they have close friends and families or families who are gay, up from 49 percent in 2010. Unfortunately, understanding of sexual orientation has not really improved — 34 percent still believe that someone who is homosexual can change their sexual orientation, down only two points in the past five years.

Miss Pennsylvania USA Resigns In Protest Of Transgender Candidates

Before Miss Rhode Island Olivia Culpo was crowned Miss USA last week, she answered a question about transgender contestants in the pageant, openly embracing their inclusion. But Miss Pennsylvania Sheena Monnin was really put off by the realization, resigning in protest that the competition had opened to transgender women. In an email to the Miss Universe Organization she explained just how she really felt about trans people:

[I refuse to be] part of a pageant system that has so far and so completely removed itself from its foundational principles as to allow and support natural born males to compete in it. This goes against ever moral fiber of my being. I believe in integrity, high moral character, and fair play, none of which are part of this system any longer.

Were these comments not offensive enough, she then posted false statements about her resignation on Facebook, claiming that the real reason she quit was because she believed the pageant was rigged. Donald Trump responded that he believes “her primary issue is that she lost and she’s angry about losing. And frankly, in my opinion, I saw her barely a second and she didn’t deserve to be in the top 15.”

The Miss Universe contest opened to trans candidates earlier this year after Jenna Talackova sought to compete for Miss Canada. She ultimately finished in the Top 12 and was named Miss Congeniality.

Ontario Passes Anti-Bullying Bill Ensuring Gay-Straight Alliances In All Schools

Jamie Hubley

With a vote of 65-36, the Ontario legislature passed Bill 13 yesterday, an anti-bullying measure that mandates teacher training, reporting systems, and the guarantee that students can form diversity groups like gay-straight alliances in schools throughout the province. The Catholic Church has strongly opposed the measure because Catholic schools, which are taxpayer-funded, will also have to abide by the new policy. The Assembly of Catholic Bishops of Ontario responded to the bill’s passage tersely, expressing “serious concerns” about its language but conceding schools will comply:

Recognizing that the Accepting Schools Act is now the law, Catholic partners will seek, as we have always done, in a way that is in accord with our faith, to foster safe and welcoming school communities.

In spite of this, the Ontario English Catholic Teachers’ Association welcomed the bill’s passage, suggesting students will have “positive experiences” in their clubs.

The impetus for Bill 13 was the suicide of Jamie Hubley, who was bullied for being gay.

NEWS FLASH

Gay NFL Player Regrets Not Coming Out Sooner: ‘I Now Undertand The Impact That Would Have Had’ | Openly-gay former football player Wade Davis told CNN Wednesday morning that he should have come out as gay while playing professionally in the NFL, saying, “If I could do it all over again, I would come out while I was playing. I now understand the impact that would have had.” Davis, who now works for a nonprofit focusing on LGBT youth, also noted that he deserves an acting ‘Oscar’ for juggling his personal life while remaining closeted among his fellow teammates. “I don’t believe most NFL players have a problem with having a gay teammate. I do believe that there is a sense they have to protect who they are,” he added. Watch it:

NEWS FLASH

POLL: Minnesotans Poised To Reject Marriage Inequality Amendment | A new Public Policy Polling poll shows that Minnesota voters are not enthusiastic about the proposed constitutional amendment to ban same-sex marriage, with only 43 percent in support and 49 percent opposed. This is a flip from just four months ago, when the amendment was supported 48-44. Republicans still strongly support the measure (74-21), while Independents (54-37) and Democrats (71-22) more strongly oppose it. In addition, 47 percent affirmed that they do believe same-sex marriage should be legal, while only 42 percent oppose it.

The Morning Pride: June 6, 2012

Welcome to The Morning Pride, ThinkProgress LGBT’s daily round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but please let us know what stories you’re following as well. Follow us all day on Twitter at @TPEquality.

- Editor’s Note: Starting today, our entire ThinkProgress team will be engaging with other progressives at the Netroots Nation conference. Posting may be a bit more limited compared to usual, but please stay engaged with us on Twitter! Follow #nn12lgbt for all updates related to LGBT issues.

- Most of the funding opposing Maryland’s marriage equality law is coming from out of state via the National Organization for Marriage.

- A Change.org petition is calling upon Best Buy to come out against Minnesota’s marriage inequality amendment.

- A Christian school in Ohio rescinded a job offer to a teacher after learning he was gay.

- The city council of Charlotte, North Carolina may consider domestic partner benefits next week.

- The mayor of St. Louis, Missouri is advocating for firefighters to receive domestic partner benefits as well.

- A new study shows that LGBT investors are more confident about their retirement savings than the general population, but it could be because they know they have to offset the spousal benefits they won’t receive through Social Security and other federal government programs.

- The former spokesman for a Lutheran anti-gay group has been indicted for possession of child pornography.

- The Netherlands will no longer cover ex-gay therapy in basic health insurance packages.

- Janet Jackson has signed on to produce a documentary about lives of transgender people worldwide.

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