GAP Signs Amicus Breif Officially Opposing DOMA

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Gap Inc. has signed on to the amicus brief that was filed with the Ninth Circuit Court of Appeals challenging the federal Defense of Marriage Act, according to an internal Gap Web employee memo.

Gap Inc. Vice President and Deputy General Counsel Wilma Wallace answered a few questions in the memo about why the company has chosen to take this step in support of same-sex marriage.

She states, “DOMA creates a distinction between our lawfully married employees that is inconsistent with our core values – inclusion and diversity. Although we are not a part of the court case.. we are signing on to a supporitng court brief challenging the law because removing barriers to equitable treatment is important to us.”

By signing on to an amicus brief, aka “friend of the court,” a company or body has the opportunity to offer the court a perspective from non-involved parties that could none the less be impacted by a ruling.

“This law runs counter to our company’s heritage and long-standing commitment to diversity and inclusion and can complicate our ability to provide equitable benefits to our employees and their families.”

According to the Gap memo – eBay, Google, Levi Strauss, Microsoft, Starbucks and Zynga have also signed the brief.

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Federal Court says Prop 8 is unconstitutional

By Robert Plotkin, dot429:

The 9th Circuit said that Proposition 8 was institutional bullying of gays and lesbians, and that taking away the designation of the word marriage is an attempt to rob them of honor and dignity.

A Federal appeals court ruled 2-1 today that California Proposition 8, which banned same-sex marriage, was unconstitutional.

Judge Stephen Reinhardt, a liberal lion of the famously rambunctious 9th Circuit Court, came to a half-hearted rescue of gay marriage, striking down the proposition while explicitly refusing to rule on whether there is a constitutional right to gay marriage, as many in the LGBT community were hoping.

Gay marriages are still on hold until the case is either upheld or taken up by the Supreme Court in the fall.

In 2008, the California Supreme Court ruled that a law banning gay marriage was unconstitutional, and allowed about 18,000 same-sex marriages until Proposition 8 passed in 2010, which took the right away.

Two same-sex couples challenged Proposition 8 in Federal court, and Judge Vaughn Walker of San Francisco District Court struck down the law, saying that gays had a fundamental right to marriage.

The 9th Circuit said that it was critical that gays had a pre-existing right and were then singled out to have their right to marriage taken away. Essentially, the court ruled that the state cannot bully a minority without any legitimate reason for doing so, and that the only reason the law was passed was to demean same-sex partners.

“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples,” wrote Justice Reinhardt….

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