INTRODUCING THE MARYLAND CIVIL MARRIAGE PROTECTION ACT

On Thursday March 1, 2012, Maryland Governor Martin O’Malley signed the Civil Marriage Protection Act, making Maryland the eighth state (and ninth jurisdiction, including Washington D.C.)  to allow the formation of a same sex marriage.  The victory comes as the result of a coordinated state movement and after years of legislative defeats and frustration.

At the outset of 2012, a group called Marylanders for Marriage Equality launched a campaign of YouTube videos and press releases in an attempt to create a groundswell of support in favor of same sex marriage. A number of Marylanders, including Governor Martin O’Malley, Baltimore Mayor Stephanie Rawlings-Blake, civil rights activist Julian Bond and Baltimore Ravens linebacker Brendon Ayanbadejo appeared in these videos.

The Bill was introduced in the Maryland Senate on January 20, 2012.  On February 17, 2012, the bill passed the Maryland House of Delegates by a vote of 71-67 and one week later, passed the Maryland Senate by a vote of 25-22.  On March 1, 2012, Governor Martin O’Malley signed the historic legislation into law, invoking the freedom of religion central in Maryland history:  “Religious freedom was the very reason for our state’s founding and at the heart of religious freedom is the freedom of individual conscience.”  Remarkably, Marylanders achieved marriage equality in less than six weeks after many years of failed attempts and frustration.  The first bill legalizing same sex marriage was proposed in the Maryland House of Delegates in 1997.  After numerous failed attempts, victory in 2012 came quickly.

The law will not go into effect until January 2013, however, giving opponents an opportunity to challenge it through a referendum in November.  If opponents of the new legislation, made up of various churches, are able to garner 56,000 signatures, the people of Maryland will have the final say in the 2012 election.  To date, in the U.S. every time a marriage equality referendum has gone before the people it has been defeated.

Click http://marylandersformarriageequality.org/news/entry/as-legislative-process-ends-referendum-begins-in-maryland for the link to the Marylanders for Marriage Equality website.

Read more: http://www.timesunion.com/news/article/Md-governor-signs-bill-legalizing-gay-marriage-3374881.php#ixzz1oXaNhtwP

Peter Carrozzo, Esq.
for Vishnick McGovern Milizio

Posted in Gay Marriage, Legal/ Legislative, Politics | Comments Off

Marriage Equality in the Northwest: Washington Becomes Seventh State to Allow Same Sex Marriage

On Monday February 13th, 2012, Governor Christine Gregoire signed a law making Washington the eighth jurisdiction (including the District of Columbia) to allow the formation of a same sex marriage. The law goes into effect on June 7, 2012–ninety days after the end of Washington’s legislative session. Governor Gregoire, a Democrat and Roman Catholic, pledged her support for same sex marriage in January. With bi-partisan support, the law passed both houses and was signed into law on a day Gregoire declared “a milestone for equal rights.”

Quickly, opponents jumped into action, filing Referendum 73 later the same day which will place a referendum on the ballot that could overturn the new law. If they collect 120,577 signatures by June 6, 2012, the law will be placed on hold in anticipation of a yes or no vote in the November state election. Then, the fate of marriage equality in the state of Washington will be in the hands of the people.

The day belonged to the proponents of same sex marriage, however. In attendance at the signing were Jane Abbot Lighty (age 76) and Pete-e Peterson (age 84), long time advocates of same sex marriage, who applied eight years ago for a marriage license in the Kings County Recorder’s Office, Washington and were denied.. That day, they resolved “we will be back” and yesterday proved them right. Upon signing, Governor Gregoire said: “It’s a day that historians will mark as a milestone for equal rights — when we did what was right, just and fair and did it together, Republicans and Democrats, gay and straight, young and old.”
For local coverage see Lornett Turnbull, Gregoire Signs Gay Marriage Into Law, The Seattle Times, February 13, 2012.

http://seattletimes.nwsource.com/html/localnews/2017497028_gaymarriage14m.html

Peter Carrozzo, Esq. for Vishnick McGovern Milizio LLP

Posted in DOMA, Gay Marriage, Legal/ Legislative, Politics | Tagged , , , | Comments Off

Our latest LGBT Newsletter is Up!

Our newest issue of the LGBT SideBar has just published! Click Here to read the full issue.

Happy Holidays!

 

Posted in DOMA, Estate Planning, Gay Marriage, General, Legal/ Legislative | 60 Comments

Left Out In America – Documentary on DOMA at NY International Film Festival!

VMM’s short film on DOMA accepted to NY International Film Festival!
We are proud to announce that Left Out In America: Legislating Love, Life and LGBT — our short documentary about how the Defense of Marriage Act discriminates against the LGBT community — has been accepted to the New York International Film Festival!

Left Out In America: Legislating Love, Life and LGBT will be screened on

 Tuesday, November 22, 2011 at 8 pm
at the Quad Cinema
34 West 13th Street
New York, NY 10011

TICKETS & BOX OFFICE INFORMATION:
Advance tickets are available at  www.ticketweb.com.
Type in “Left Out In America” in the ‘search’ box.
Guests can also purchase tickets at the door
(if the screening is not sold out).
To learn more about the NY International Film Festival and to see a complete listing of films, please visit http://nyfilmvideo.info

About the Film  

Left Out In America: Legislating Life, Love and LGBT is a short documentary that reveals how the Defense of Marriage Act (DOMA) creates a ‘separate but equal’ situation in the United States reminiscent of the pre-Civil Rights era. This compelling film shines a light on the constitutional rights violations created by DOMA and mobilizes people to take action to repeal the law. After all, when Congress takes away the rights of some Americans, it jeopardizes the rights of all Americans.

Executive Producer: Joseph Trotti, Esq., VMM Partner
Producers: Joseph G. Milizio, Esq., Managing Partner VMM, Eun Chong Jo Thorsen Esq.,VMM Associate, Saskia Monteiro Thomson, Peter Carrozzo, Esq. and Melanie Mitchem

Posted in DOMA, Gay Marriage, Legal/ Legislative, Politics | Tagged , , , | 424 Comments

Go Ahead…Enjoy Your Rights and Don’t Listen to the Noise Out There

The 1991 film, Grand Canyon, may be forgettable to some people for many reasons, but there is one scene that has remained in my mind.  In the scene, Kevin Kline’s character was teaching his teenaged son to drive, a task especially harrowing on the busy streets of Los Angeles.  The kid was attempting to make a left turn into oncoming traffic, but each attempt was foiled by cars seemingly determined to prevent him from enjoying his successful turn.  The kid was perplexed; why were these drivers behaving this way?  Kevin Kline responded with a clever retort that can only arise from a Hollywood script writer’s mind, “Whenever you want to make a left turn (an obvious metaphor for going against the grain in life), someone will invariably try to cut you off” [paraphrased].

The Marriage Equality Act, still in its infancy here in New York, represents, in a way, the New York Legislature’s “making a left turn into oncoming traffic.”  New York is one of only a handful of states (including DC) with marriage equality for LGBT citizens.  Moreover, many states have enacted what amount to mini-DOMAs, legally prohibiting both same-sex marriage and the recognition of such marriages legally performed elsewhere.  Marriage Equality, is, indeed, a left turn.

However, even though, unlike Kevin Kline’s movie son, Marriage Equality in New York achieved success, the traffic opposing its enactment continues to clog the streets in an effort to undo the “left turn.”  The group, New Yorkers for Constitutional Freedoms, filed a lawsuit seeking an injunction to halt same-sex marriage, claiming that the Senate violated rules in order to enact the law.  The National Organization for Marriage claims to raise money to defeat the Republican Senators who courageously voted for the Bill.  “Moral” opposition resulted in several town clerks resigning their offices instead of issuing same-sex marriage licenses.  Religious organizations, exempt from performing same-sex marriages, continue to forge ahead with vehement and vocal opposition.

Here is the bottom line.  Don’t worry.  Unlike California and Maine, the marriage Equality Act is not subject to a voter referendum; however, even if it were, opinion polls show New Yorkers firmly in support of marriage equality.  For the Act to be repealed, it would have to go through both the New York Legislature and Senate, an unlikely occurrence because these two houses just voted for the Act.  Additionally, because Governor Cuomo championed the Bill, there is no likelihood that the opposition will arise from our very popular governor.  Furthermore, even if a subsequent governor were to seek repeal, the Act will have been well-settled law that had been relied upon by many people for many years, rendering any repeal effort virtually “dead on arrival.”

Let the opposition voices fill the airwaves.  Eventually, they will tire and go away.  And, the more the LGBT community continues to engage in our right to equality in New York State, the more the beautiful sounds of our voices will drown out the opposition.  Left turns may be difficult, but the rewards of success, no matter the volume of oncoming traffic, are definitely worth the effort.

John Nicodemo
Touro Law School Student
for Vishnick McGovern Milizio

 

Posted in Gay Marriage | Tagged , , | 43 Comments

The Maryland Campaign for Marriage Equality Begins…

On October 3, 2011, the same sex marriage movement launched in Maryland with the unveiling of  the first of a series of videos created by the Marylanders for Marriage Equality.  The first video begins with Governor Martin O’Malley stating: “I’m a Marylander for marriage equality.”   Marylanders for Marriage Equality is a coalition of groups organized to push marriage equality to a vote in the Maryland legislature.  The coalition includes the NAACP and the Human Rights Campaign which spearheaded the historic victory for marriage equality in New York.  The plan is to launch a number of videos, each under a minute in length, featuring a vast array of persons showing their support for same sex marriage.  This is a similar approach to that taken in New York.  The New York videos had  celebrities such as Larry King, Ben Cohen and Jerry Greenfield from Ben & Jerry’s ice cream, Sean Avery formerly of the New York Rangers and Julianne Moore.  Future participants in the Maryland videos have not yet been disclosed.

In the first video, Governor O’Malley emphasized two “fundamental principles” that are central to American law: “equal protection of the law for every individual”  and freedom of religious exercise without government intervention.  He then mentions the purpose of the video campaign which is to educate Marylanders (particularly, Maryland’s lawmakers) on the diverse support in the state for marriage equality for all persons in anticipation of a bill that will be introduced in January 2012 allowing same sex couples to marry. Just as in New York, the Maryland law will have written into it protections for churches and religious organizations.

In March 2011, the Civil Marriage Protection Act, passed in the Maryland Senate by a vote of 25 to 21 but stalled in the House of Delegates short of the necessary votes for passage.  The bill was sent back to committee to be reconsidered in January 2012.   Governor O’Malley, a Catholic, stated in 2011 that he would sign the bill if it passed, but did not openly support or lobby for the bill.  His outward support, exhibited in the video, is a welcome departure from his hands-off approach.

Click on the link to watch the first video. http://www.youtube.com/watch?v=29hKV2VKf4c&feature=player_embedded

For more on this movement in Maryland see Same-Sex Marriage Supporters in Md. Launch Web-Video Campaign in the Washington Post

http://www.washingtonpost.com/local/dc-politics/same-sex-marriage-supporters-in-md-launch-web-video-campaign/2011/09/26/gIQAstk7HL_story.html

Peter Carrozzo, Esq.
for Vishnick McGovern Milizio

Posted in Gay Marriage | Tagged , , | 40 Comments

Today marks the end of DADT – a battle won, but the war’s not over

As we rise on the morning of September 20, we wake to the dawn of a new day as the United States military once and for all “puts to bed” the discriminatory policy known as Don’t Ask, Don’t Tell.  Since Congress enacted Don’t Ask, Don’t Tell in 1993, nearly 15,000 troops have been discharged for no other reason than being gay.  Beginning today, official restrictions regarding sexuality for active service members are lifted.  Gay service members will no longer be compelled to hide their sexual orientations for fear of reprisal Gay men and women with the noble intention of serving their country can now enlist without the added burden of hiding in the closet.  Pride in self and pride in serving one’s nation are now in unison.

In 1993, President Bill Clinton, in an effort to appease a hostile Congress, signed into law Don’t Ask, Don’t Tell.  The policy, as heralded by Congress, served to affirmatively impact military readiness.  The presumption at the time rested on the assertion that, in close military quarters, openly gay individuals would somehow negatively affect heterosexual service members’ focuses by imposing a sort of uneasy air within the units.  Since 1993, many have opined that the policy was anything but effective in promoting military readiness.  Reports indicate that dozens of ranking military personnel, many of whom spoke fluent Arabic, have been discharged.  Additionally, there seems to be no indication that the policy had any effect whatsoever on military readiness.  In a time in American history with seemingly endless war and ever-declining enlistment, the idea of losing even one service member for any reason other than lack of ability seems foolish and unnecessary.

In 2008, then-presidential candidate Barack Obama promised to end Don’t Ask, Don’t Tell if elected.  In late 2010, a federal court judge in California issued an injunction declaring the policy unconstitutional, and directed the military to immediately stop employing it.  The Obama Administration effectively followed suit by declining to appeal the injunction; Congress then voted for its repeal.  This past summer, Obama, along with Secretary of Defense Leon Panetta and Joint Chief Chairman Mike McMullen, drafted a declaration directing an end to the policy as of September 20, 2011.  Eighteen years of discrimination is enough!

As auspicious as September 20, 2011 seems to gay people serving in the military as well as gay people everywhere, the end of Don’t Ask, Don’t Tell does not mark the end of discrimination per se.  The Defense of Marriage Act (DoMA), a federal policy that denies federal recognition to same-sex marriages performed anywhere in the world, continues to infuse discrimination in the military.  The Untied States military, an arm of the federal government, is bound by DoMA.  Therefore, same-sex spouses of military personnel are not eligible for benefits that would extend to heterosexual spouses.  These include veteran’s benefits, death benefits and military housing to name a few.  Of course, victories must be recognized, but efforts to achieve full benefits for LGBT people, including those serving our country, should nevertheless continue.

Yet, for today, we can stop for a moment to realize the significance of September 20, 2011.  Reports indicate that young gay men and women are poised to enlist as a result of today’s event.  News articles have featured stories of previously discharged gay service members that have every intention of re-enlisting, regardless of past injustices imposed upon them by Don’t Ask, Don’t Tell.  As of September 20, 2011, military readiness is alive and well.  Gay men and women can now serve their country with pride.  We all like the sound of that.

Posted in DADT, Politics | 42 Comments

Legal Ramifications of New York’s Marriage Equality Act

Joseph Milizio, Attorney Versed in Gay and Lesbian Representation, to Speak on Legal Ramifications of New York’s Marriage Equality Act before Two Professional Organizations

Long Island, NY – New York’s recent passage of the Marriage Equality Act has created both confusion and opportunities among professionals and same-sex couples. Joseph G. Milizio, Esq., the Managing Partner of Vishnick McGovern Milizio and head of the firm’s Lesbian Gay Bisexual Transgender (LGBT) Practice Group is uniquely versed in the legal ramifications of the new law and has been invited to speak on the topic before other professionals. “Vishnick McGovern Milizio has had an LGBT Representation practice for several years,” explains Milizio, “while the new law presents new considerations, our firm has an established perspective on the issues that same-sex couples face.”

On September 14, 2011, Joseph G. Milizio, Esq. will present at a seminar entitled “Addressing the Rights & Obligations of Same Sex Couples Under the Marriage Equality Act.” This seminar, hosted by the Suffolk Academy of Law (Hauppauge) will help practitioners understand the new law and how it affects their LGBT clients in terms of family law, estate law, and property issues.

Mr. Milizio will also present Representing the Lesbian and Gay Client: What Has Changed and What Hasn’t in Light of The New York Marriage Equality Act” at the 2011 Long Island Tax Professionals Symposium sponsored by the National Conference of CPAs. The Symposium will take place November 16, 17 and 18 at the Crest Hollow Country Club in Woobury. Specifically, Mr. Milizio will provide a primer on the status of same-sex marriage in New York and for federal purposes. Income and estate tax issues will be explored, as well as marriage rights and obligations, divorce, children and adoption, the status of civil unions and domestic partnerships, and recognition by other states.

About Vishnick McGovern Milizio’s LGBT Representation Practice
While Vishnick McGovern Milizio LLP is a general practice law firm, it maintains a dedicated Lesbian Gay Bisexual Transgender (LGBT) Representation practice.  Our attorneys advocate for and strongly believe in the legal rights of gay, lesbian, bisexual and transgender individuals and offer a number of legal services that uniquely address the issues that matter most to the Lesbian/ Gay/ Bisexual/ Transgender community. Visit www.lgbt-vmmlegal.com for more information, including a link to our blog and our documentary on gay marriage in America.

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Posted in Gay Marriage, General, Legal/ Legislative | Tagged , , , , | 1,934 Comments

Dummy Fed Tax Returns Needed for Married NY Filers!

On July 29, 2011, the New York State Department of Taxation and Finance issued a Technical Memorandum discussing the effect of New York’s Marriage Equality Act on New York State income and estate taxes.

For New York State income tax purposes, same-sex couples who are married must now file their New York State income tax returns using a “married” status, “married filing jointly” or “married filing separately.”  (This is in contrast to Federal income taxes, where each member of a same-sex couple must use the “single” filing status.)  To prepare a New York State income tax return, same-sex couples must prepare, but not file, a Federal income tax return as if they are “married” for Federal income tax purposes, and use those calculations on the New York State income tax return.

For New York State estate tax purposes, same-sex spouses now enjoy the benefits that heterosexual couples have: a surviving spouse can inherit tax-free, and a surviving spouse may make the same elections, and take the same deductions, that heterosexual couples are permitted.  Under current Federal law, same-sex spouses are not recognized for Federal estate tax purposes, and therefore do not inherit tax-free, and are not entitled to deductions, elections, and credits that heterosexual couples currently enjoy.

Download the Department’s PDF memorandum

 

Posted in Gay Marriage, Legal/ Legislative | Tagged , | 2,396 Comments

NYS catches up with new marriage license forms!

The New York State Department of Health has set up a website providing information for those who wish to get married in accordance with the Marriage Equality Act. (Nassau and Suffolk Counties use NY state forms; NYC has its own forms – see last post).

http://www.health.state.ny.us/vital_records/marriage_equality_frequently_asked_questions.htm

At the very bottom of the page is a sample marriage license, in PDF format.  Please note that an original marriage license must be completed at the town or city clerk’s office, and that all other marriage requirements must be satisfied in accordance with New York law.  For more information, please see http://www.health.state.ny.us/vital_records/married.htm

Parth Chowlera,Esq.
Vishnick McGovern Milizio LLP

Posted in Gay Marriage, Legal/ Legislative | 2,321 Comments