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West Hollywood officials react to DOMA ruling
06/01/2012
By WeHo News staff, West Hollywood, California

For more than 27 years, the City of West Hollywood has fought for marriage equality.


West Hollywood officials look on as George Takai and Brad Altman address the crowd in 2008 the day gay couples could marry under the CA Supreme Court ruling that legalize same-sex marriage in our state.

Today, West Hollywood City Councilmembers applaud the 1st U.S. Circuit Court of Appeals in Boston decision that the Defense of Marriage Act (DOMA) unconstitutionally denies federal benefits to married same-sex couples. 

Following this groundbreaking ruling, a U.S. Supreme Court review of DOMA is likely.

The Defense of Marriage Act is a United States federal law that defines marriage as the legal union of one man and one woman.

Under the law, no U.S. state or political subdivision is required to recognize a same-sex marriage treated as a marriage in another state. Section 3 of DOMA codifies the non-recognition of same-sex marriage for all federal purposes, including insurance benefits for government employees, Social Security survivors’ benefits, and the filing of joint tax returns.

The following are the statements from members of the West Hollywood City Council:

“Hooray! There is much to celebrate in today’s news of the federal appeals court ruling against DOMA,” said West Hollywood Mayor Jeffrey Prang. “This puts us one step closer towards equal rights for all Americans. It is just a matter of time before we end, once and for all, this law driven by bigotry,” continued Mayor Prang.

 “Today’s landmark decision illustrates how far America has come since the Defense of Marriage Act was passed in 1996. The First Circuit court’s ruling has shown that the U.S. government values and supports the marriages of lesbian, gay, bisexual, and transgender people. This ruling is a positive step forward in our fight to overturn Prop 8 in California and ensure full marriage equality for all,” said West Hollywood Mayor Pro Tempore Abbe Land.


WeHo was ground zero of the Summer of Love in 2008, that brief perio when same-sex marriage equality was law. Photo by WeHo News.

“I applaud the Federal Appeals Court for unanimously upholding the decision that the Defense of Marriage Act is an unconstitutional violation of the rights of gay couples,” said West Hollywood Councilmember John D’Amico.  “In doing so, the Court has publicly affirmed what we as citizens have known all along: that this type of discrimination is a misuse of the laws of the land and an attack on the Constitution that guarantees equal rights for all Americans,” continued Councilmember D’Amico.

“This has been a banner year for LGBT rights with 2 strikes against ‘Don't Ask, Don't Tell’ and DOMA,” said West Hollywood Councilmember John Duran.  “Let's pray that the third strike this year will be the federal courts striking down Proposition 8 later in the fall,” continued Councilmember Duran.

 “Not only is public opinion changing, but the courts are also increasingly recognizing the unconstitutionality of denying people their rights to marry,” said West Hollywood Councilmember John Heilman.  “DOMA is particularly problematic as it denies equality to people married in their own state,” continued Councilmember Heilman.

In 1984, the City of West Hollywood became the second city in the nation to create a domestic partner registry.

In 1985, the City of West Hollywood adopted a Domestic Partnership Ordinance that provided equal rights for domestic partners and married couples in the City. This groundbreaking ordinance provided hospital and jail visitation rights for domestic partners, and protected renters from eviction or rent increases in the event of a partner’s death.


WeHo city council member John Heilman doing the honors for newlyweds Tori and Kate Kuykendall, with their daughter, Zadia, as they exchanged vows in West Hollywood Park Tuesday, June 17, 2008. Photo by WeHo News.

In 1985, the City of West Hollywood successfully lobbied to change California state law so that the California Public City Employees Retirement System (CalPERS) would include domestic partners in benefit plans statewide.

The City of West Hollywood was one of the first cities in the country to pass a resolution in support of marriage equality. The City has been one of the most ardent and vocal advocates for the legal rights of same-sex couples and the right to marry, both in and outside its City boundaries. Since 1995, the City Council has passed almost a dozen resolutions supporting progressive domestic rights initiatives, and condemning the opposite, in various states and on the federal level.

The California Supreme Court ruled on May 15, 2008 that same-sex couples had the right to wed. From June 17 until November 4, 2008, the City of West Hollywood issued more than 1,000 same-sex marriage licenses and performed more than 600 marriage ceremonies.

When Proposition 8 was passed by the state of California in November 2008, the law was overturned and same-sex marriages were no longer allowed. In May 2009, the California Supreme Court made a devastating ruling that upheld Proposition 8 and reinstated the ban on same-sex marriage in California and halted all same-sex marriages in the state.

The marriages granted during this time period, however, remain legally recognized.

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