Injustice x 2

It's tempting to call the stage collapse in Indiana this week a tragedy. It was certainly a tragic loss for the families of the dead and injured, that much is true. On the other hand, it appears that the organizers of the show should have known enough to evacuate the area, and especially to get the light operators down from the structure, before there was any loss of life. They had plenty of advance warning, and a nearby outdoor concert was evacuated in time based on the same information.

Whether the stage collapse was due to a fluke, unpredictable gust of wind known as a gustnado, and whether the force could have been anticipated, will undoubtedly be investigated in the coming weeks and months.

A different human tragedy, though, is entirely manmade, and could be easily remedied.

One of the concertgoers killed in the collapse was Christina Santiago, who had become known in the Chicago community as a dedicated advocate for gay women’s health care. Santiago, 29, was a program manager at the Howard Brown Health Center, which provides health and services for the lesbian, gay, bisexual, and transgender community.

It was reported on Facebook and Dailykos yesterday that the local coroner's office was refusing to release the body to Santiago's legally married spouse, Alisha Brennan, because of Indiana's discriminatory marriage laws. This appears to be incorrect. In fact, the groups concerned with Santiago, Brennan, and their family are reportedly working with the coroner's office to obtain release of the body.

Alfarena Ballew from the Marion County Coroner's office called to offer this statement, "Her friend and her aunt are working together with the life partner to take care of the remains. We have nothing in writing from the partner asking to claim the body. Our records show that the next of kin is her aunt. Our understanding now is that they're all working together to release the body and take care of the services." Ms. Ballew described the incident as a "misunderstanding" and says the office is on track to release the body shortly.

Still, the bolded language above deserves special attention. Even in the face of a legal marriage, this government agency has determined that Santiago's aunt is her next of kin. Would this be tolerated, or even suggested, if this were a married heterosexual couple?

To even ask the question is to answer it. It's encouraging that this situation appears to be on its way to a resolution, and the coroner's office appears to be handling it with sensitivity. Nevertheless, can someone explain to me how the public interest or family values are served by refusing to recognize this marriage?

Note: all the technical information about the storm and outdoor stage construction posted or referred to here comes from John Huntington, a colleague of my son at City Technical College in Brooklyn.

No difference? Really?

A lot of what Obama has done has been a big disappointment, to me no less than to other liberals. I constantly hear people saying that Obama is no different from Bush, or from what McCain would have been if he'd been elected.

Today we have more proof that these claims are just wrong.

As of today, the Justice Department will no longer defend the Defense of Marriage Act in court.

Andrew Cohen reports in Politics Daily:

In announcing the surprise move, Attorney General Holder wrote: "After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President's determination.

Part of our job as progressive activists is to push our elected officials farther than they want to go.

They deserve credit when they get a big decision like this right.

Big news on marriage

I haven't read them yet, but there are two new District Court decisions invalidating provisions of the Defense of Marriage Act.

Judge Joseph Tauro, of U.S. District Court in Boston, issued rulings on two separate cases today.

"This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," Tauro wrote in the decision for Massachusetts v. Health and Human Services.

"The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and, in doing so, offends the Tenth Amendment. For that reason, the statute is invalid," he wrote.

In the other case, Gill v. Office of Personnel Management, Tauro ruled that DOMA violates the equal protection principles in the Fifth Amendment, according to Bay Windows. From his decision (PDF):

Taken together with the decision this week of the governor of Hawaii to veto civil unions, this seems to be another very important step in the direction of marriage equality. (What's the connection? The decision in Hawaii suggests that civil unions are not a sufficient alternative.)

Of course, there are many months and many hundreds of pages of briefing before these cases are resolved, but it sounds like a big step.