Justice Department expands rights of same-sex couples
| Wahington
In an assertion of聽same-sex聽marriage聽rights, Attorney General Eric Holder is applying a landmark Supreme Court ruling to the Justice Department, announcing Saturday that聽same-sex聽spouses cannot be compelled to testify against each other, should be eligible to file for bankruptcy jointly and are entitled to the same rights and privileges as federal prison inmates in opposite-sex聽marriages.
The Justice Department runs a number of benefits programs, and Holder says聽same-sex聽couples will qualify for them. They include the September 11th Victim Compensation Fund and benefits to surviving spouses of public safety officers who suffer catastrophic or fatal injuries in the line of duty.
"In every courthouse, in every proceeding and in every place where a member of the Department of Justice stands on behalf of the United States, they will strive to ensure that聽same-sex聽marriages聽receive the same privileges, protections and rights as opposite-sex聽marriages聽under federal law," Holder said in prepared remarks to the Human Rights Campaign in New York. The advocacy group works on behalf of lesbian, gay, bisexual and transgender equal rights.
Just as in the civil rights struggles of the 1960s, the stakes in the current generation over聽same-sex聽marriage聽rights "could not be higher," said Holder.
"The Justice Department's role in confronting discrimination must be as aggressive today as it was in Robert Kennedy's time," Holder said of the attorney general who played a leadership role in advancing civil rights.
On Monday, the Justice Department will issue a policy memo to its employees instructing them to give lawful聽same-sex聽marriages聽full and equal recognition, to the greatest extent possible under the law.
Holder's address is the latest application of a Supreme Court ruling that struck down a provision in the Defense of聽Marriage聽Act defining聽marriage聽as the union of one man and one woman. The decision applies to legally married聽same-sex聽couples seeking federal benefits.
After the Supreme Court decision last June, the Treasury Department and the IRS said that all legally married gay couples may file joint federal tax returns, even if they reside in states that do not recognize聽same-sex聽marriages. The Defense Department said it would grant military spousal benefits to聽same-sexcouples. The Health and Human Services Department said the Defense of聽Marriage聽Act is no longer a bar to states recognizing聽same-sex聽marriages聽under state Medicaid and Children's Health Insurance Programs. The U.S. Office of Personnel Management said it is now able to extend benefits to legally married聽same-sex聽spouses of federal employees and annuitants.
Holder told his audience:
鈥擳he Justice Department will recognize that聽same-sex聽spouses of individuals involved in civil and criminal cases should have the same legal rights as all other married couples, including the right to decline to give testimony that might incriminate their spouse. Prosecutors traditionally have various legal challenges that they can bring to an assertion of the spousal privilege. But the attorney general's speech made clear that the government will not bring a challenge on the ground that the聽marriage聽is not recognized in the state where the couple lives.
鈥擳he U.S. Trustee Program will take the position that聽same-sex聽married couples should be eligible to file for bankruptcy jointly and that domestic support obligations should include debts such as alimony owed to a former聽same-sex聽spouse.
鈥� Federal prisoners in聽same-sex聽marriages聽will be entitled to visitation by a spouse, inmate furloughs during a crisis involving a spouse, escorted trips to attend a spouse's funeral, correspondence with a spouse and compassionate release or reduction in sentence based on an inmate's spouse being incapacitated.
