/PRNewswire/ -- Former presidential candidate Gary Bauer said Tuesday night as election results revealed major shifts in the electorate since 2008 that voters are experiencing "buyers' remorse" and clearly want more "conservative change they can believe in."
Bauer, chairman of the Campaign for Working Families, made the following statement after Virginia voters chose Republicans for the top three seats with double digits margins:
"Barack Obama in 2008 carried Virginia, carried New Jersey and won the 23rd House District in New York. His party now has massively lost Virginia and is fighting for its life in strongly Democratic New Jersey and in New York. Clearly voters are feeling buyers' remorse and are returning to their right of center political viewpoint.
"This should be a wake-up call to the Congress. Democratic members are getting ready to force another big government budget-busting bill misnamed health care 'reform' on the American people. This comes on the heels of failed bailouts that didn't protect jobs and proposed food and energy taxes that will bust family budgets. With 2010 around the corner, Democrats may find themselves unemployed like their fellow Americans if they continue their support for such gluttonous, big-government proposals."
Bauer, chairman of the Campaign for Working Families, was one of the first conservatives to endorse Doug Hoffman in his bid to take the New York house seat. Bauer's Campaign for Working Families committed tens of thousands of dollars in contributions and independent expenditures in Virginia and New York to promote conservative candidates and mobilize conservative voters. The Campaign is one of the largest pro-family, pro-life political action committees in America.
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Wednesday, November 4, 2009
Tuesday, November 3, 2009
Democratic Senators, Congresswoman, Small Business Owners Discuss Impact of Health Insurance Reform on Small Businesses
/PRNewswire/ -- Democratic Senators Tom Harkin and Mary Landrieu and Congresswoman Debbie Halvorson joined Mike Draper, a small business owner from Des Moines, Iowa; Gwendolyn Barnes, a small business owner from Shreveport, Louisiana; Dr. Ken Brantley, a small business owner from Richmond, Virginia; and other small business owners from across the country at a press conference this morning to discuss how health insurance reform will benefit small businesses. Recent studies indicate that small businesses are likely to see their premiums rise 15% in the coming year, double the rate of last year's increase. Small businesses employ roughly 40% of the private labor force in America, making it crucial that we work to ensure affordability of health coverage for this central part of the American workforce.
"The status quo in health insurance spending for America's small businesses is intolerable and it is unsustainable," said Harkin. "Today, we have a simple message for small business owners across America: help is on the way and it comes in the form of a health reform plan that puts a stop to the discriminatory insurance industry practice of jacking up premiums for small businesses by up to 200 percent when an employee gets sick or because the business hires a woman. Our bill will end the practice of denying coverage based on preexisting conditions or increasing premiums based on health status, gender, or industry. As I have said many times, the biggest winners in a reformed health system will be small business owners and their employees."
Landrieu said: "Small businesses are suffering from skyrocketing health insurance premiums that are eating into their bottom lines and threatening their survival. As we continue to make progress toward comprehensive health care reform, Democrats are working to address the health care needs of small businesses. And while we may not yet completely agree on everything, one thing we can all agree on is that doing nothing is simply not an option."
"Small businesses are the backbone of our economy, and right now health care costs are simply too much to bear," said Halvorson. "If we truly want our small businesses to help lead us out of our current economic troubles, we must act to reform health care. Small business owners and their employees are depending on it. We must act now."
Draper said: "We try to be flexible, but it's an expensive way to do it. Right now, health insurance is a volatile commodity such as oil -- the price swings, the price increases, and it takes up a larger portion of a company's budget. If the government were to provide a more stable option and take the market out of things, it would help settle business's books, it would help them better predict the future. As a business owner, I wouldn't have to worry about finding policies, knowing what is covered, what isn't covered and how much the company will end up paying."
"We started off with everybody on a group plan, but as the premiums continued to climb and climb, my employees had to start dropping out, so we switched to individual plans," said Barnes. "But one of my employees was denied for a pre-existing condition. And we've had trouble with the insurance company -- when my daughter needed a surgery, they mysteriously took her off the surgery schedule. That's not right. It's time to fix health care -- for small businesses like mine and for the communities we serve."
Brantley said: "The lack of affordable health insurance hurts millions of small-business owners like me. I would love to hire several highly skilled staff to work with me. This would balance the workload, expand our care, and create more jobs. It is virtually impossible, however, to find qualified applicants who will accept a job offer without health insurance benefits. The high cost of health care hurts my ability to create new jobs here in Virginia and retain skilled employees. Without competition and meaningful health care legislation, we will continue to see rising health insurance premiums each year that harm businesses and squeeze families."
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"The status quo in health insurance spending for America's small businesses is intolerable and it is unsustainable," said Harkin. "Today, we have a simple message for small business owners across America: help is on the way and it comes in the form of a health reform plan that puts a stop to the discriminatory insurance industry practice of jacking up premiums for small businesses by up to 200 percent when an employee gets sick or because the business hires a woman. Our bill will end the practice of denying coverage based on preexisting conditions or increasing premiums based on health status, gender, or industry. As I have said many times, the biggest winners in a reformed health system will be small business owners and their employees."
Landrieu said: "Small businesses are suffering from skyrocketing health insurance premiums that are eating into their bottom lines and threatening their survival. As we continue to make progress toward comprehensive health care reform, Democrats are working to address the health care needs of small businesses. And while we may not yet completely agree on everything, one thing we can all agree on is that doing nothing is simply not an option."
"Small businesses are the backbone of our economy, and right now health care costs are simply too much to bear," said Halvorson. "If we truly want our small businesses to help lead us out of our current economic troubles, we must act to reform health care. Small business owners and their employees are depending on it. We must act now."
Draper said: "We try to be flexible, but it's an expensive way to do it. Right now, health insurance is a volatile commodity such as oil -- the price swings, the price increases, and it takes up a larger portion of a company's budget. If the government were to provide a more stable option and take the market out of things, it would help settle business's books, it would help them better predict the future. As a business owner, I wouldn't have to worry about finding policies, knowing what is covered, what isn't covered and how much the company will end up paying."
"We started off with everybody on a group plan, but as the premiums continued to climb and climb, my employees had to start dropping out, so we switched to individual plans," said Barnes. "But one of my employees was denied for a pre-existing condition. And we've had trouble with the insurance company -- when my daughter needed a surgery, they mysteriously took her off the surgery schedule. That's not right. It's time to fix health care -- for small businesses like mine and for the communities we serve."
Brantley said: "The lack of affordable health insurance hurts millions of small-business owners like me. I would love to hire several highly skilled staff to work with me. This would balance the workload, expand our care, and create more jobs. It is virtually impossible, however, to find qualified applicants who will accept a job offer without health insurance benefits. The high cost of health care hurts my ability to create new jobs here in Virginia and retain skilled employees. Without competition and meaningful health care legislation, we will continue to see rising health insurance premiums each year that harm businesses and squeeze families."
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Monday, November 2, 2009
Gary Bauer Expects "Change Conservatives Can Believe In"
/PRNewswire/ -- Former Presidential Candidate Gary Bauer on the eve of mid-term elections Monday said that the electorate seems poised to make "change Conservatives can believe in." Bauer is available for election analysis and commentary as one who played key roles in the races receiving significant attention.
Bauer, chairman of the Campaign for Working Families, was one of the first conservatives to endorse Doug Hoffman in his bid to take the New York house seat. Bauer's Campaign for Working Families committed tens of thousands of dollars in contributions and independent expenditures in Virginia and New York to promote conservative candidates and mobilize conservative voters. The Campaign is one of the largest pro-family, pro-life political action committees in America.
Bauer said, "Whatever happens tomorrow, Virginia seems to be headed back to the Republican column, and Democratic state New Jersey has an incumbent Democratic governor who clearly will not get 50 percent of the vote even with Barack Obama's help. And in New York's 23rd House Race, a grassroots rebellion threatens to put a Conservative Party candidate into the Congress. It's definitely going to be must see TV tomorrow, and as one who has been very active in the races, I do believe that change is coming."
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Bauer, chairman of the Campaign for Working Families, was one of the first conservatives to endorse Doug Hoffman in his bid to take the New York house seat. Bauer's Campaign for Working Families committed tens of thousands of dollars in contributions and independent expenditures in Virginia and New York to promote conservative candidates and mobilize conservative voters. The Campaign is one of the largest pro-family, pro-life political action committees in America.
Bauer said, "Whatever happens tomorrow, Virginia seems to be headed back to the Republican column, and Democratic state New Jersey has an incumbent Democratic governor who clearly will not get 50 percent of the vote even with Barack Obama's help. And in New York's 23rd House Race, a grassroots rebellion threatens to put a Conservative Party candidate into the Congress. It's definitely going to be must see TV tomorrow, and as one who has been very active in the races, I do believe that change is coming."
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Saturday, October 31, 2009
Pelosi, Boehner Statement on Security Breach Relating to Confidential House Materials
/PRNewswire/ -- Speaker Nancy Pelosi and House Republican Leader John Boehner released the following statement today on a security breach relating to confidential House materials:
"In response to a recent data breach associated with the use of peer to peer applications on a non-House computer, we have directed the Office of the Chief Administrative Officer's (CAO) Information Security Department to perform an immediate and comprehensive assessment of the policies and procedures for handling sensitive data. CAO Information Security Policy prohibits the use of peer-to-peer applications on House Computers. We are working diligently to provide the highest level of data security for the House in order to ensure that the operations of House offices are secure from unauthorized access."
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"In response to a recent data breach associated with the use of peer to peer applications on a non-House computer, we have directed the Office of the Chief Administrative Officer's (CAO) Information Security Department to perform an immediate and comprehensive assessment of the policies and procedures for handling sensitive data. CAO Information Security Policy prohibits the use of peer-to-peer applications on House Computers. We are working diligently to provide the highest level of data security for the House in order to ensure that the operations of House offices are secure from unauthorized access."
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Thursday, October 29, 2009
Westmoreland: Opponents of Government Takeover Will Have Voices Heard
Today, Speaker Nancy Pelosi and House Democrats unveiled their final 2,000-page health care plan (HR 3962) after weeks of Democrat-only, closed-door negotiations.
“Apparently, because this is health care legislation, the House Democrats thought doctor-patient confidentiality rules should apply to their secret negotiations,” U.S. Rep. Lynn Westmoreland said. “The voices of those opposed to a government takeover of health care have been shut out of this debate. We got a taste of how strongly people feel on this issue during the August town halls, and I think those voices that Pelosi ignored will be heard loudly in the coming days.”
Westmoreland took issue with House Majority Leader’s Steny Hoyer’s assertion that the legislation meets an “urgent” need.
“Republicans and Democrats agree that we have too many uninsured Americans and too many family tragedies related to health care costs,” Westmoreland said. “But let’s be clear: This legislation won’t meet those needs urgently. In fact, benefits don’t take affect for three more years. The only thing that the Democrats think is ‘urgent’ enough to enact immediately are the tax hikes and mandates that will kill off even more jobs in this ailing economy.”
Westmoreland cites several tenets of the bill as problematic:
· $500 billion in cuts to Medicare, which Westmoreland sees as either ‘phantom cuts’ that will never take place or catastrophic for seniors’ health care coverage.
· Bill contains the word “shall” 3,425 times – that’s a lot of government mandates.
· Expanding eligibility for Medicaid, which will hike costs for budget-strapped state governments.
· Tax hikes on small business owners, whom we’re relying on to create new jobs in this economy.
· Mandates on business to provide coverage to all employees or face penalties, creating a “tax on jobs” that will lead to fewer jobs.
· A government-run ‘public option’ that will eventually crowd out private plans, causing many Americans to lose their current coverage.
· The legislation’s financing will cost much more than advertised, placing yet another burden on our national debt. The legislation comes in below $1 trillion over 10 years only because 1) Democrats moved the cost of paying Medicare fees to doctors (more than $200 billion) into another bill and 2) they count 10 years of revenues but only seven years of expenses.
Westmoreland points out that, contrary to Democratic claims that the Republicans are simply the “Party of No,” the GOP has offered an alternative called the Empowering Patients First Act. This legislation, HR 3400, would 1) make access to coverage affordable for all Americans; 2) make coverage truly owned and controlled by the patient; 3) improve the healthcare delivery structure; and 4) rein in out-of-control costs, including through robust liability reform.
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“Apparently, because this is health care legislation, the House Democrats thought doctor-patient confidentiality rules should apply to their secret negotiations,” U.S. Rep. Lynn Westmoreland said. “The voices of those opposed to a government takeover of health care have been shut out of this debate. We got a taste of how strongly people feel on this issue during the August town halls, and I think those voices that Pelosi ignored will be heard loudly in the coming days.”
Westmoreland took issue with House Majority Leader’s Steny Hoyer’s assertion that the legislation meets an “urgent” need.
“Republicans and Democrats agree that we have too many uninsured Americans and too many family tragedies related to health care costs,” Westmoreland said. “But let’s be clear: This legislation won’t meet those needs urgently. In fact, benefits don’t take affect for three more years. The only thing that the Democrats think is ‘urgent’ enough to enact immediately are the tax hikes and mandates that will kill off even more jobs in this ailing economy.”
Westmoreland cites several tenets of the bill as problematic:
· $500 billion in cuts to Medicare, which Westmoreland sees as either ‘phantom cuts’ that will never take place or catastrophic for seniors’ health care coverage.
· Bill contains the word “shall” 3,425 times – that’s a lot of government mandates.
· Expanding eligibility for Medicaid, which will hike costs for budget-strapped state governments.
· Tax hikes on small business owners, whom we’re relying on to create new jobs in this economy.
· Mandates on business to provide coverage to all employees or face penalties, creating a “tax on jobs” that will lead to fewer jobs.
· A government-run ‘public option’ that will eventually crowd out private plans, causing many Americans to lose their current coverage.
· The legislation’s financing will cost much more than advertised, placing yet another burden on our national debt. The legislation comes in below $1 trillion over 10 years only because 1) Democrats moved the cost of paying Medicare fees to doctors (more than $200 billion) into another bill and 2) they count 10 years of revenues but only seven years of expenses.
Westmoreland points out that, contrary to Democratic claims that the Republicans are simply the “Party of No,” the GOP has offered an alternative called the Empowering Patients First Act. This legislation, HR 3400, would 1) make access to coverage affordable for all Americans; 2) make coverage truly owned and controlled by the patient; 3) improve the healthcare delivery structure; and 4) rein in out-of-control costs, including through robust liability reform.
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Wednesday, October 28, 2009
Taxpayer Group Launches Petition to Ask Sen. Ben Nelson to Keep His Pledge
PRNewswire/ -- Today, Americans for Tax Reform (ATR) continued its pressure on Sen. Ben Nelson (D-Neb.) by releasing an online petition asking him to oppose the Senate healthcare bill because it violates the Taxpayer Protection Pledge.
The petition, found at www.nohealthcaretaxes.org, urges Sen. Nelson to be a "no" vote on any procedural votes and/or final passage votes on this anti-taxpayer piece of legislation. The petition also reminds him that a failure to do so would be a breach of trust between him and the people of Nebraska.
"Sen. Nelson has shown the courage of his convictions. He is alone among Senators to have taken the Pledge as a Democrat," said Grover Norquist, president of Americans for Tax Reform. "The pressure is building now to break that Pledge, however. Majority Leader Harry Reid is pressing his caucus to deliver a healthcare bill, and it appears more and more likely he will not have a single Republican to lend a 'bipartisan' label to the government healthcare bill. Sen. Nelson needs encouragement to know that he's not standing alone in the face of this pressure."
The petition follows up on ATR's recent launch of a series of television ads encouraging the Senator to oppose the healthcare bill. The ads will run on both local and national news and commentary broadcast for three weeks, reflecting the significance of Sen. Nelson's vote to prevent tax increases as part of the healthcare bill.
"It's clear with Harry Reid's decision to include the public option in any healthcare legislation going to the floor that every Democrat vote is required to pass cloture. Now is the time for Sen. Nelson to follow through on the promise he made to get elected and stand by the Taxpayers," continued Norquist.
Americans for Tax Reform is a non-partisan coalition of taxpayers and taxpayer groups who oppose all tax increases. For more information or to arrange an interview please contact John Kartch at (202) 785-0266 or by email at jkartch@atr.org.
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The petition, found at www.nohealthcaretaxes.org, urges Sen. Nelson to be a "no" vote on any procedural votes and/or final passage votes on this anti-taxpayer piece of legislation. The petition also reminds him that a failure to do so would be a breach of trust between him and the people of Nebraska.
"Sen. Nelson has shown the courage of his convictions. He is alone among Senators to have taken the Pledge as a Democrat," said Grover Norquist, president of Americans for Tax Reform. "The pressure is building now to break that Pledge, however. Majority Leader Harry Reid is pressing his caucus to deliver a healthcare bill, and it appears more and more likely he will not have a single Republican to lend a 'bipartisan' label to the government healthcare bill. Sen. Nelson needs encouragement to know that he's not standing alone in the face of this pressure."
The petition follows up on ATR's recent launch of a series of television ads encouraging the Senator to oppose the healthcare bill. The ads will run on both local and national news and commentary broadcast for three weeks, reflecting the significance of Sen. Nelson's vote to prevent tax increases as part of the healthcare bill.
"It's clear with Harry Reid's decision to include the public option in any healthcare legislation going to the floor that every Democrat vote is required to pass cloture. Now is the time for Sen. Nelson to follow through on the promise he made to get elected and stand by the Taxpayers," continued Norquist.
Americans for Tax Reform is a non-partisan coalition of taxpayers and taxpayer groups who oppose all tax increases. For more information or to arrange an interview please contact John Kartch at (202) 785-0266 or by email at jkartch@atr.org.
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Tuesday, October 20, 2009
Libertarians pleased by new federal marijuana policy
The Libertarian Party (LP) today expressed its approval of the Obama administration's new, more laissez-faire policy toward medical marijuana. The policy appears to end the practice of federal prosecution of medical marijuana patients and providers in states where medical marijuana is legal.
Wes Benedict, LP executive director, commented, "This is a small step in the right direction. The federal government currently wastes tremendous resources in the War on Drugs, creating a huge, vicious, violent black market. This new policy will reduce the damage and destruction, and it will hopefully end some of the unjust prosecution of peaceful medical marijuana providers and patients."
The LP has long called for the repeal of laws that criminalize the medicinal or recreational use of drugs.
Benedict added, "We urge the Obama administration not to stop with this small step, but to take further steps to end the destructive, unjust, unconstitutional War on Drugs."
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Wes Benedict, LP executive director, commented, "This is a small step in the right direction. The federal government currently wastes tremendous resources in the War on Drugs, creating a huge, vicious, violent black market. This new policy will reduce the damage and destruction, and it will hopefully end some of the unjust prosecution of peaceful medical marijuana providers and patients."
The LP has long called for the repeal of laws that criminalize the medicinal or recreational use of drugs.
Benedict added, "We urge the Obama administration not to stop with this small step, but to take further steps to end the destructive, unjust, unconstitutional War on Drugs."
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Thursday, October 15, 2009
Massachusetts Becomes First State to Challenge Legality of DOMA
The Commonwealth of Massachusetts v United States
This past July, Massachusetts Attorney General Martha Coakley filed a lawsuit in federal court challenging the constitutionality of the federal Defense Against Marriage Act (DOMA). While there have been several legal challenges against DOMA, the Commonwealth of Massachusetts v United States is the first suit filed by a state.
The lawsuit specifically alleges that the federal definition of marriage as a union between one man and one woman is unconstitutional and that DOMA has interfered with the state's "sovereign authority" to define and regulate marriage. The complaint also alleges that DOMA has resulted in a denial of rights and benefits to same-sex couples in Massachusetts, including employment and retirement benefits, social security payments and health insurance coverage.
Massachusetts became the first state to recognize the right of same-sex couples to marry in 2004. Since that time, the state has granted approximately 16,000 same-sex marriages.
Currently, only three other states recognize and grant same-sex marriages: Connecticut, Iowa and Vermont. New Hampshire will begin recognizing and granting same-sex marriages in January 2010. Maine may soon join the group as well, depending on the outcome of a November vote. New York and Washington, D.C. also recognize same-sex marriages from other states, but at present do not grant them.
The Defense Against Marriage Act (DOMA)
In 1996, President Bill Clinton signed DOMA into law. The Act served two purposes:
-- It provided a legal definition of "marriage" under federal laws as a union between one man and one woman and defined "spouse" as a husband or wife of the opposite sex
-- It provided that states did not have to give recognition to same-sex marriages granted by other states
DOMA was introduced into Congress following a 1993 decision by Hawaii's Supreme Court that held the state's decision to ban same-sex marriages might be a violation of the Hawaiian Constitution. Other states feared that if Hawaii legalized same-sex marriages, they would be forced to recognize those marriages in their own states under the Full Faith and Credit Clause of the US Constitution.
The Full Faith and Credit Clause requires states to give "credit" to the laws and judicial decisions of other states. For example, the federal government has held that this clause requires states to enforce protection orders and support orders issued by other states.
There also was a fear that if same-sex marriages became legalized in one state, other states and the federal government would have to provide the same type of protections and benefits to same-sex spouses as they currently do to traditional married couples, including Social Security benefits and income tax credits.
In order to prevent these outcomes from occurring, DOMA was quickly pushed through Congress and signed into federal law. Following the law's passage, many states adopted "mini DOMAs" that defined marriage as between a man and woman and explicitly stated that the state would not recognize same-sex marriages from other states. Currently, 37 states have mini DOMA laws in place.
Challenges to DOMA
The Massachusetts lawsuit against the federal government is only the first of many recent attacks on DOMA. In fact, the constitutionality of DOMA has been questioned since its passage. The law has been attacked as a denial of equal protection and due process rights under the federal and state constitutions. It has been argued that the federal government does not have a rational basis for denying marriage to same-sex couples and that the distinction between same-sex and heterosexual couples is arbitrary and discriminatory.
DOMA also has been attacked as an invasion of state rights by the federal government. The Tenth Amendment to the US Constitution leaves all powers not specifically granted to the federal government to the state governments. Traditionally, this has included legal decisions regarding family law issues and eligibility for federal entitlement benefits.
In February 2009, a 9th Circuit judge ruled that DOMA's prohibition of federal recognition of same-sex spouses legally married under state law was unconstitutional. In the Matter of Brad Levenson, the federal appellate court ruled that a court employee's same-sex spouse was entitled to be a named beneficiary on the employee's health insurance and other benefits under the Federal Employees Health Benefits Act (FEHBA).
In addition to the 9th Circuit case, there was another case filed in California challenging Section 2 of the Act, which permits states to disregard same-sex marriages granted by other states. In Smelt v United States, same-sex couple Arthur Smelt and Christopher Hammer argued that their marriage should be recognized in other states. Their case was dismissed in August due to a filing error, but is likely to be re-filed in federal court.
There is also another case out of Massachusetts challenging the federal definition of marriage under DOMA. Gill v Office of Personnel Management et al was filed last March and the government's response to the case is expected in mid to late September.
The federal government's reply to the criticisms and legal challenges against DOMA has been mixed. President Obama has long been critical of the federal law, but the Department of Justice has continued to defend any legal challenges against the Act. Some political commentators believe that the only way DOMA can be reversed is through the court system because of the potential political implications for any president who took direct action to repeal the federal law.
Whether or not Massachusetts' current challenge to DOMA will be successful has yet to be seen. Regardless of the outcome, it is unlikely that the legal challenges against DOMA will stop anytime soon.
Article provided by David M. Gabriel & Associates
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This past July, Massachusetts Attorney General Martha Coakley filed a lawsuit in federal court challenging the constitutionality of the federal Defense Against Marriage Act (DOMA). While there have been several legal challenges against DOMA, the Commonwealth of Massachusetts v United States is the first suit filed by a state.
The lawsuit specifically alleges that the federal definition of marriage as a union between one man and one woman is unconstitutional and that DOMA has interfered with the state's "sovereign authority" to define and regulate marriage. The complaint also alleges that DOMA has resulted in a denial of rights and benefits to same-sex couples in Massachusetts, including employment and retirement benefits, social security payments and health insurance coverage.
Massachusetts became the first state to recognize the right of same-sex couples to marry in 2004. Since that time, the state has granted approximately 16,000 same-sex marriages.
Currently, only three other states recognize and grant same-sex marriages: Connecticut, Iowa and Vermont. New Hampshire will begin recognizing and granting same-sex marriages in January 2010. Maine may soon join the group as well, depending on the outcome of a November vote. New York and Washington, D.C. also recognize same-sex marriages from other states, but at present do not grant them.
The Defense Against Marriage Act (DOMA)
In 1996, President Bill Clinton signed DOMA into law. The Act served two purposes:
-- It provided a legal definition of "marriage" under federal laws as a union between one man and one woman and defined "spouse" as a husband or wife of the opposite sex
-- It provided that states did not have to give recognition to same-sex marriages granted by other states
DOMA was introduced into Congress following a 1993 decision by Hawaii's Supreme Court that held the state's decision to ban same-sex marriages might be a violation of the Hawaiian Constitution. Other states feared that if Hawaii legalized same-sex marriages, they would be forced to recognize those marriages in their own states under the Full Faith and Credit Clause of the US Constitution.
The Full Faith and Credit Clause requires states to give "credit" to the laws and judicial decisions of other states. For example, the federal government has held that this clause requires states to enforce protection orders and support orders issued by other states.
There also was a fear that if same-sex marriages became legalized in one state, other states and the federal government would have to provide the same type of protections and benefits to same-sex spouses as they currently do to traditional married couples, including Social Security benefits and income tax credits.
In order to prevent these outcomes from occurring, DOMA was quickly pushed through Congress and signed into federal law. Following the law's passage, many states adopted "mini DOMAs" that defined marriage as between a man and woman and explicitly stated that the state would not recognize same-sex marriages from other states. Currently, 37 states have mini DOMA laws in place.
Challenges to DOMA
The Massachusetts lawsuit against the federal government is only the first of many recent attacks on DOMA. In fact, the constitutionality of DOMA has been questioned since its passage. The law has been attacked as a denial of equal protection and due process rights under the federal and state constitutions. It has been argued that the federal government does not have a rational basis for denying marriage to same-sex couples and that the distinction between same-sex and heterosexual couples is arbitrary and discriminatory.
DOMA also has been attacked as an invasion of state rights by the federal government. The Tenth Amendment to the US Constitution leaves all powers not specifically granted to the federal government to the state governments. Traditionally, this has included legal decisions regarding family law issues and eligibility for federal entitlement benefits.
In February 2009, a 9th Circuit judge ruled that DOMA's prohibition of federal recognition of same-sex spouses legally married under state law was unconstitutional. In the Matter of Brad Levenson, the federal appellate court ruled that a court employee's same-sex spouse was entitled to be a named beneficiary on the employee's health insurance and other benefits under the Federal Employees Health Benefits Act (FEHBA).
In addition to the 9th Circuit case, there was another case filed in California challenging Section 2 of the Act, which permits states to disregard same-sex marriages granted by other states. In Smelt v United States, same-sex couple Arthur Smelt and Christopher Hammer argued that their marriage should be recognized in other states. Their case was dismissed in August due to a filing error, but is likely to be re-filed in federal court.
There is also another case out of Massachusetts challenging the federal definition of marriage under DOMA. Gill v Office of Personnel Management et al was filed last March and the government's response to the case is expected in mid to late September.
The federal government's reply to the criticisms and legal challenges against DOMA has been mixed. President Obama has long been critical of the federal law, but the Department of Justice has continued to defend any legal challenges against the Act. Some political commentators believe that the only way DOMA can be reversed is through the court system because of the potential political implications for any president who took direct action to repeal the federal law.
Whether or not Massachusetts' current challenge to DOMA will be successful has yet to be seen. Regardless of the outcome, it is unlikely that the legal challenges against DOMA will stop anytime soon.
Article provided by David M. Gabriel & Associates
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Friday, October 2, 2009
South Fulton: Christian City to Host Candidates’ Forum
Event to be Held at Christian City on Thursday, October 8, 2009 at 4 PM
Robert L. Crutchfield, President/CEO of Christian City, announced today that there will be a candidates’ forum on Thursday, October 8, 2009 at 4 PM in Christian City’s Sparks Inn Auditorium. All residents of Christian City and Union City are welcome to attend.
The agenda will feature candidates for the following offices:
· Union City Mayor
· Union City council
· State Senate District 35
The meeting will begin promptly at 4 PM.
The forum will take place in Christian City's Sparks Inn Auditorium at 7290 Lester Road, Union City, Georgia 30291. The Sparks Inn Auditorium is the assisted living facility located in the heart of the Christian City campus.
Christian City is a non-profit, non-denominational organization. On our 500+ acre complex we help meet the needs of approximately 1,100 people in our Children’s Village, Nursing and Rehabilitation Center, Friendship Place (Alzheimer's Care), Sparks Inn Assisted Living/Personal Care facility, and Retirement Homes and Apartments.
Christian City invites the public to this event.
For more information on the event or Christian City, please contact
770-703-2636 or via e-mail at ccity@christian-city.org. Visit Christian City’s website at www.christiancity.org.
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Robert L. Crutchfield, President/CEO of Christian City, announced today that there will be a candidates’ forum on Thursday, October 8, 2009 at 4 PM in Christian City’s Sparks Inn Auditorium. All residents of Christian City and Union City are welcome to attend.
The agenda will feature candidates for the following offices:
· Union City Mayor
· Union City council
· State Senate District 35
The meeting will begin promptly at 4 PM.
The forum will take place in Christian City's Sparks Inn Auditorium at 7290 Lester Road, Union City, Georgia 30291. The Sparks Inn Auditorium is the assisted living facility located in the heart of the Christian City campus.
Christian City is a non-profit, non-denominational organization. On our 500+ acre complex we help meet the needs of approximately 1,100 people in our Children’s Village, Nursing and Rehabilitation Center, Friendship Place (Alzheimer's Care), Sparks Inn Assisted Living/Personal Care facility, and Retirement Homes and Apartments.
Christian City invites the public to this event.
For more information on the event or Christian City, please contact
770-703-2636 or via e-mail at ccity@christian-city.org. Visit Christian City’s website at www.christiancity.org.
---
Community News You Can Use
Follow us on Twitter: @gafrontpage
www.FayetteFrontPage.com
www.GeorgiaFrontPage.com
www.PoliticalPotluck.com
www.ArtsAcrossGeorgia.com
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Members of U.S. Congress Warn Hondurans New Elections Won't Be Recognized Unless Conflict is Resolved
/PRNewswire/ -- The Center for Democracy in the Americas (CDA) praised six senior Members of the U.S. Congress for their open letter to the Honduran Congress reminding Honduran authorities that without political progress in ending the crisis caused by the coup against President Zelaya the U.S. will not recognize the winner of that country's upcoming presidential elections.
"This timely letter speaks in clear and compelling language to the coup government and its supporters in the Honduran Congress," Sarah Stephens, executive director of the CDA said. "Unless the coup is ended, President Zelaya is restored, and violations of democracy and human rights are halted, no presidential election conducted in that environment will be recognized as free or fair or legitimate by the United States government and its senior leaders.
The letter signed by Representatives James McGovern, Bill Delahunt, Sam Farr, Gregory Meeks, Janice Schakowsky, and Xavier Becerra was sent to Honduras as four Republican Members of the Congress visited interim President Micheletti and communicated their support for the coup.
"Honduras's interim government should pay attention not to rump groups seeking publicity, but to senior Members of the Congress who stand with the Obama administration on behalf of democracy, diplomacy, and dialogue. We believe Honduras should act quickly and decisively to end this crisis and avoid entering a new presidency with this odious cloud hanging over its government."
The Center for Democracy in the Americas (CDA) is devoted to changing U.S. policy toward the countries of the Americas by basing our relations on mutual respect, recognizing positive models of governance in the region, and fostering dialogue particularly with those governments and movements with which U.S. policy is at odds.
Ms. Stephens testified before the House Foreign Affairs Subcommittee on Western Hemisphere Affairs about the coup in Honduras on July 10, 2009.
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"This timely letter speaks in clear and compelling language to the coup government and its supporters in the Honduran Congress," Sarah Stephens, executive director of the CDA said. "Unless the coup is ended, President Zelaya is restored, and violations of democracy and human rights are halted, no presidential election conducted in that environment will be recognized as free or fair or legitimate by the United States government and its senior leaders.
The letter signed by Representatives James McGovern, Bill Delahunt, Sam Farr, Gregory Meeks, Janice Schakowsky, and Xavier Becerra was sent to Honduras as four Republican Members of the Congress visited interim President Micheletti and communicated their support for the coup.
"Honduras's interim government should pay attention not to rump groups seeking publicity, but to senior Members of the Congress who stand with the Obama administration on behalf of democracy, diplomacy, and dialogue. We believe Honduras should act quickly and decisively to end this crisis and avoid entering a new presidency with this odious cloud hanging over its government."
The Center for Democracy in the Americas (CDA) is devoted to changing U.S. policy toward the countries of the Americas by basing our relations on mutual respect, recognizing positive models of governance in the region, and fostering dialogue particularly with those governments and movements with which U.S. policy is at odds.
Ms. Stephens testified before the House Foreign Affairs Subcommittee on Western Hemisphere Affairs about the coup in Honduras on July 10, 2009.
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www.georgiafrontpage.com
Georgia Front Page
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