Attorney General Eric Holder to Announce Range of New DOJ Policies for Gay Married Couples
U.S. Attorney General Eric Holder will announce a range of new Justice Department policies at tonight's Human Rights Campaign gala in New York City tonight, towards its effort to do all it can to ensure same-sex married couples are recognized equally under the law, the Washington Blade reports.
Among the policy changes, via the Blade:
• The Justice Department will recognize that same-sex spouses of individuals involved in civil and criminal cases have the same legal rights as straight married couples, including the right to decline to give testimony that might incriminate a spouse.
This new rule applies in non-marriage equality states. The government won't object to couples in same-sex marriages invoking this right if they marry in another state, but their current jurisdiction doesn't recognize their union.
• In bankruptcy cases, the U.S. Trustee Program will take the position that same-sex married couples should be treated in the same manner as opposite-sex married couples. Consequently, same-sex married couples will be eligible to file for bankruptcy jointly; certain debts to same-sex spouses or former spouses will be excepted from discharge; and domestic support obligations should include debts, including alimony, owed to a former same-sex spouse.
• Federal inmates in same-sex marriages will be entitled to the same rights and privileges as inmates in opposite-sex marriages. These rights include spousal visitation; inmate furloughs to be present 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 if an inmate’s spouse is incapacitated.
• The Justice Department will recognize same-sex couples for the purposes of a number of benefits programs it administers, such as the Radiation Exposure Compensation Program and the September 11th Victim Compensation Fund.
Also among these programs is the Public Safety Officers’ Benefits Program, which provides death benefits to surviving spouses of public safety officers, such as law enforcement officers and firefighters, who suffer catastrophic or fatal injuries while on duty.
Speaking before Sweden’s Parliament a few days ago, Mr. Holder called fighting for gay and lesbian rights one of “the defining civil rights challenges of our time.”
The remarks on Saturday by Mr. Holder, the first black attorney general, cast the gay-rights movement as a continuation of the civil rights efforts of the 1960s.
“As all-important as the fight against racial discrimination was then, and remains today, know this: My commitment to confronting discrimination based on sexual orientation or gender identity runs just as deep,” his speech said.
The government estimates that more than 1,100 federal regulations, rights and laws touch on, or are affected by, marital status. With a memo on Monday, Mr. Holder plans to make several of those provisions apply equally to gay and straight couples.