News :: GLBT
UPDATE: Campaign against DOMA sets their sights on Rhode Island by Hannah Clay Wareham
Associate EditorMonday Apr 5, 2010 ’Defend the Law’ queries attorney general candidates across New England as to whether they would support Coakley’s lawsuit challenging the Defense of Marriage Act.
After pursuing responses from candidates for the position of Connecticut’s attorney general, Paul Sousa’s ’Defend the Law’ campaign has set its sights on Rhode Island. Through e-mails and phone calls, Sousa and Defend the Law supporters query candidates as to whether -- if elected -- they would support Massachusetts Attorney General Martha Coakley’s lawsuit challenging the Defense of Marriage Act (DOMA).
"On the Rhode Island Attorney General’s Web site, it prominently states: ’Protecting our families is a primary concern of the Attorney General,’" Sousa, the campaign’s creator and a student at the Boston College Law School, said. "The question we’re here to ask these candidates is whether they will defend all citizens and families of Rhode Island and file suit against Section 3 of DOMA, which denies all 1,138 federal marriage benefits to those married same-sex couples in Rhode Island."
President Bill Clinton signed the Defense of Marriage Act into law in 1996, banning federal recognition of legally performed same-sex marriages. While marriage equality has not been legalized in Rhode Island, the state does recognize gay and lesbian marriages legally performed elsewhere.
In July of 2009, Coakley filed suit against DOMA, saying that Congress "overstepped its authority, undermined states’ efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people."
Sousa and the Defend the Law campaign are urging candidates for Rhode Island Attorney General to pledge to file an amicus brief -- volunteer testimony that bears on a case -- or otherwise offer their support for Coakley’s suit. Democrats Steve Archambault, Joe Fernandez, Peter Kilmartin, and Robert Rainville; Moderate Chris Little; and Republican Erik Wallin have all announced their candidacy to fill the position currently occupied by Democrat Patrick C. Lynch. While all of the Democratic candidates, along with Little, have expressed their support for marriage equality, only Archambault and Fernandez have indicated that they would support the DOMA suit.
"As Attorney General, [Fernandez] will be on the lookout for opportunities to stop denying marriage rights to committed LGBT couples, and to work toward full equality and protection," read a statement supplied to Defend the Law from Joe Fernandez’s campaign office. "Until Rhode Island joins its neighbors in extending full civil rights to all its citizens, Joe will be ready to provide enthusiastic support for Attorney General Martha Coakley’s Massachusetts lawsuit in any way she asks."
Archambault’s campaign provided an equally enthusiastic response on behalf of the Democrat. "If elected Attorney General, Steve Archambault will support Martha Coakley’s efforts through either joining the lawsuit, submitting an amicus brief, or providing some other appropriate assistance."
Martha Coakley’s office has gone on the record thanking other New England attorneys general for their support. "DOMA has an impact on any state that recognizes same-sex marriage," Coakley said. "While our lawsuit is focused on DOMA’s impact on Massachusetts and Massachusetts families, we welcome the support of other attorneys general."
Despite his support of marriage equality, moderate candidate Little told the campaign that he doesn’t believe joining the lawsuit is in Rhode Island’s best interests, after meeting with LGBT advocacy group Marriage Equality Rhode Island (MERI). "I feel that now is not the time to challenge DOMA in Rhode Island," he said. "Should it appear that there is an opportunity to act against DOMA in a way that will be successful in protecting the rights of Rhode Islanders, I would be willing to take such an action." Little emphasized that he plans to continue working closely with MERI.
"Paul is doing a great job with his Defend the Law project and we are thrilled to see Mr. Fernandez and Mr. Archambault step up and pledge to protect all Rhode Island families," Kathy Kushnir, executive director of MERI, said. "We hope to see that same commitment from all candidates for the important position of Attorney General. This project is an excellent way to educate the public about the over 1,000 federal rights and responsibilities that civil marriage allows, in addition to the hundreds of state rights.
"Marriage Equality Rhode Island is working every day to ensure that civil marriage rights are extended to all Rhode Island couples desiring marriage, that all Rhode Island couples and families are treated equally under the law."
While Defend the Law has not been involved with MERI, they have reached out to Queer Action of Rhode Island and the Providence Equality Action Committee.
After saying that he wanted to collect more information regarding Coakley’s lawsuit, Democrat Peter F. Kilmartin has confirmed that he would, indeed, file an amicus brief in support of Coakley’s lawsuit.
"As a former police officer and as a current attorney and state representative, Peter F. Kilmartin has fought for the rights of all Rhode Islanders throughout his career and wants to expand opportunity for everyone regardless of who they are," Kilmartin for Attorney General spokesperson Brett Broesder said in an e-mail to the Defend the Law campaign. "And as Attorney General, he will continue to fight for the protection of these rights and will go after those that threaten them. With that said, he has full confidence in the skills and professionalism of the Massachusetts Attorney General in challenging the constitutionality of the Defense of Marriage Act and will vocally supports her in those efforts."
Rainville stated that he wanted to further investigate the lawsuit before deciding whether or not to support the DOMA challenge. Republican candidate Erik Wallin has not yet responded to e-mails and phone calls from the Defend the Law campaign.
Same-sex marriage is legal in Massachusetts, Iowa, Vermont, New Hampshire, Connecticut, and the District of Columbia. Along with Rhode Island, gay and lesbian marriages legally performed elsewhere are recognized in Maryland and New York. California recognizes marriages that were performed during the five-month period in 2008 that saw legalized same-sex marriage in the state. It was effectively banned by the passage of Proposition 8 in November 2008. For more information about the Defend the Law campaign, visit www.defendthelaw.org.
Hannah can be reached at hclaywareham@baywindows.com.
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