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>> TODAY'S DAYTONA 500 WILL GO
ON AS PLANNED AFTER A FIERY
CRASH INJURED MORE THAN 30
NASCAR FANS YESTERDAY.
PETER DOOCY HAS SOME OF YOUR TOP
STORIES.
>> Reporter: NASCAR OFFICIALS
HELD A NEWS CONFERENCE.
THEY SAY MOST OF THE VICTIMS
HAVE NOW BEEN RELEASE FROM THE
HOSPITAL.
THAT ACCIDENT HAPPENED DURING
THE FINAL LAP OF YESTERDAY'S
NATIONWIDE RACE WHEN A CAR CRASH
INTO THE FENCE.
YOU CAN SEE THE DAYTONA 500 ON
YOUR LOCAL FOX STATIONS.
POLICE IN LAS VEGAS HAVE
IDENTIFIED A SUSPECT IN LAST
WEEK'S SHOOTING THAT RESULTED IN
THE DEATH OF THREE PEOPLE.
INVESTIGATORS ARE NOW LOOKING
FOR 26-YEAR-OLD AMAR HARRIS.
THEY BELIEVE HARRIS SHOT AND
KILLED AN ASPIRING RAPPER
DRIVING IN ANOTHER CAR THAT
TRIGGERED THE CRASH THAT KILLED
TWO OTHERS.
THE FAMILY OF AN AMERICAN PASTOR
JAILED IN A NOTORIOUS IRANIAN
PRISON SAYS IT HAS RECEIVED A
LETTER FROM HIM.
THAT LETTER, THE PASTOR
DESCRIBES PHYSICAL AND
PSYCHOLOGICAL ABUSE.
NEXT HOUR, SHANNON TALKS TO THE
PASTOR'S WIFE.
IF YOU HAVE ONE OF THOSE BIG
3- OR 5-GALLON BOTTLES OF SPRING
WATERS, THE NEW HAMPSHIRE
DEPARTMENT OF HEALTH IS WARNING
PEOPLE TO MAKE SURE THE BOTTLES
DON'T SMELL LIKE GASOLINE.
SOME WERE USED TO HAUL GAS
DURING SUPERIOR SUPERSTORM SANDY
AND RECYCLED.
THEY ARE TRYING TO WEED THEM
OUT.
THOSE ARE THE TOP STORIES RIGHT
NOW.
BACK TO YOU.
>> SHANNON: THANK YOU.
AT THE DIRECTION OF THE DEFENSE
SECRETARY LEON PANETTA, PENTAGON
PERSONNEL ARE WORKING TO EXTEND
CERTAIN BENEFITS TO SAME-SEX
DOMESTIC PARTNERS, BUT IS THE
ATTEMPT TO MAKE THE MILITARY
MORE INCLUSIVE TO ONE GROUP
MAKING IT DISCRIMNATOR TOW
ANOTHER.
THE DEFENSE SECRETARY HAS
ORDERED THE DEFENSE DEPARTMENT
TO EXTEND BENEFITS TO SAME-SEX
DOMESTIC PARTNERS, HAYMUST
FORMALLY DECLARE THEIR
COMMITMENT TO EACH OTHER AND
ATTEST THAT THEY ARE OF THE SAME
SEX, MEANING THESE BENEFITS WILL
KNOW BE GIVEN TO HETEROSEXUAL
COUPLES WHO ARE UNMARRIED AND
OTHERWISE MEET THE DEFINITION OF
DOMESTIC PARTNERS.
>> I THINK THIS DOES QUALIFY AS
DISCRIMINATION OF OPPOSITE SEX
COUPLE WHO IS ARE UNMARRIED AND
LIVING TOGETHER.
>> SHANNON: IN THE 2010 REPORT
IN THE DON'T ASK/DON'T TELL, THE
PENTAGON WARNED OF THIS, SAYING,
QUOTE, IF THE DEPARTMENT OF
DEFENSE CREATES A NEWING CATEGOY
OF UNMARRIED, DEPENDENT ONLY FOR
SAME-SEX RELATIONSHIP, THE
DEPARTMENT WOULD BE CREATING A
NEW INEQUITY, BETWEEN COUPLES.
>> THIS ADMINISTRATION IS USING
THE MILITARY FOR SOCIAL
ENGINEERING.
I THINK IT'S SIGNIFICANT THEY
THEY ARE GOING BEYOND WHAT THEY
SAID THEY WOULD DO AT THE TIME
THAT DON'T ASK/DON'T TELL WAS
REPEAL.
>> SHANNON: YET SUPPORTERS OF
THE DIRECTIVE SAY IT'S THE ONLY
EQUITABLE THING TO DO, GIVEN
THAT SAME-SEX COUPLES HAVE
LIMITED OPINGINGS WHEN IT COMES
TO MARRIAGE.
>> AS LONG AS IT ISN'T AN OPTION
FOR LOVING, COMMITTED COUPLES TO
ACTUALLY GET MARRIED, THE
DEPARTMENT OF DEFENSE IS DOING
SOMETHING THAT MAKES SENSE TO
TRY TO GIVE FAMILIES
MEMBERS OF THE MILITARY.
>> SHANNON: JOINING US NOW IS AN
ATTORNEY AND FORMER CHIEF
MINORITY COUNSEL TO THE CHIEF
JUDICIARY COMMITTEE.
>> GOOD AFTERNOON.
>> SHANNON: LET ME ASK YOU ABOUT
THIS, DAVID, THE PENTAGON SAYS,
GAY COUPLES CAN ONLY GET MARRIED
IN A HANDFUL OF STATES,
HETEROSEXUAL CALM COUPLES CAN
GET MARRIED EVERYWHERE.
WE WANT BENEFITS TO BE AVAILABLE
TO EVERYBODY, WHY NOT?
>> NUMBER 1, THERE ARE NINE
STATES WHERE GAY COUPLES CAN BE
MARRIED.
UNDER THE FULL FAITH AND CREDIT,
THE GOVERNMENT WOULD HAVE TO
ACKNOWLEDGE THOSE MARRIAGES.
NUMBER 2, THERE MAY BE NUMEROUS
REASONS FOR STRAIGHT COUPLES NOT
TO GET MARRIED -- MARRIAGE
PENALTY, TAKESES MAKE IT VERY,
VERY DIFFICULT.
THE EQUAL PROTECTION CLAUSE IN
THE FIFTH AND 14th AMENDMENT
DEMAND THAT BOTH SEXES BE
TREATED THE SAMEI.
THEY ARE NOT DOING THAT.
THIS IS THE SAME ADMINISTRATION
THAT IS FIGHTING THE DEFENSE OF
MARRIAGE ACT, SAYING IT
DISCRIMINATES AGAINST GAY
COUPLES AND GAY COUPLES ARE
DENIED EQUAL PROTECTION.
YOU CAN'T HAVE IT BOTH WAYS.
IT HAS TO BE FOR BOTH -- WHAT IS
GOOD FOR THE GOOSE IS GOOD
FORWARD GANDER.
>> SHANNON: IS THAT WHAT IS
HAPPENING?
IN AN EFFORT TO BE INCLUSIVE,
TELLS UNMARRIED HETEROSEXUAL
COUPLES, YOU DON'T HAVE THESE
BENEFITS?
>> I DON'T THINK YOUVILLE MANY
OPPOSITE SEX COUPLES.
GAYS ARE NOT GIVEN AN ADVANTAGE
HERE.
THEY ARE BEING -- THEY ARE BEING
DISCRIMINATED AGAINST.
AND THIS POLICY ATTEMPTS TO MAKE
UP FOR THAT DISCRIMINATION.
CONTRARY TO WHAT DAVID SAID,
DOMA IS TO SAY THAT THE FEDERAL
GOVERNMENT AND OTHER STATES DO
NOT HAVE TO RECOGNIZE GAY
MARRIAGE IN THE FEW STATES THAT
ALLOW IT.
DOMA PROHIBITS THE FEDERAL
GOVERNMENT FROM RECOGNIZING GAY
MARRIAGE AND THEREFORE SPOUSAL
BENEFITS AND THE NEW STATE WHERE
IS GAYS CAN MARRY.
AND AS YOU POINTED OUT, SHANNON,
MOST STATES DON'T HAVE A STATUTE
THAT ALLOWS FOR GAY MARRIAGES.
SO IF YOU WANT TO EXTEND THIS
POLICY AND SAY THE POLICY SHOULD
EXTEND TO STRAIGHT COUPLES WHO
ARE IN DOMESTIC, LONG-TERM
COMMITTED PARTNERSHIPS, THAT'S
FIB.
I DON'T THINK YOU WILL FIND
MANY.
AS FOR THE EQUAL PROTECTION,
EQUAL PROTECTION IN THIS CASE, I
THINK ANY COURT WOULD SAY, THERE
IS A RATIONAL BASIS FOR THE
DEPARTMENT OF DEFENSE EXTENDING
THE BENEFITS TO GAY COUPLES
BECAUSE GAY COUPLES DON'T HAVE
THE OPTIONS OF MARRYING THE WAY
STRAIGHT COUPLES WOULD DO.
I DON'T THINK THIS WOULD HAVE
TOO MUCH DIFFICULTY IN THE
COURTS.
>> SHANNON: DAVID, I WANT TO
READ SOMETHING FOR A SPECIFIC
COMMENT FOR THIS STORY.
IT SAYS ALL HETEROSEXUAL SERVICE
MEMBERS HAVE THE OPPORTUNITY TO
MARRY IN EVERY STATE OF THE
COUNTRY.
DISBAI LESBIAN SERVICE MEMBERS
DO NOT.
EXTENSION OF THESE BENEFIT, NOT
RESTRICTED BY THE DEFENSE OF
MARRIAGE ACT IS FAIR AND LEGAL,
ESPECIALLY GIVEN THE STRESSES ON
THE FAMILY THIS IS 12th YEAR
OF WAR.
YOUR RESPONSE.
>> NINE STATES DO PERMIT GAY
COUPLES TO GET MARRIED AND THIS
NUMBER IS GROWING.
YOU CAN'T SAY -- THEY CAN GET
MARRIED -- I SAID FINANCIALLY,
IS THE PRIMARY REASON.
I KNOW A COUPLE TOGETHER 10
YEARS, ARE NOT GETTING MARRIED
BECAUSE THEY CAN'T AFFORD IT
BECAUSE OF TAX ISSUES.
SO YOU ARE GOING TO SAY, WE ARE
GOING TO FORCE HETEROSEXUAL
COUPLES TO GET MARRIED TO GET
THE SAME BENEFIT THAT GAY
COUPLES CAN GET, EVEN THOUGH
THEY COULD GET MARRIED --
>> DAVID --
>> IT DOESN'T MAKE ANY SENSE.
>> CAN I POINT OUT A BASIC FAC
THAT YOU ARE MISSING?
THERE ARE TWO THINGS.
IN MOST STATES, GAY COUPLES
CANNOT GET MARRIED.
EVEN IN STATES WHERE THEY CAN
GET MARRIED, THE FEDERAL
GOVERNMENT PROHIBITS THE
DEPARTMENT OF DEFENSE FROM
RECOGNIZING THAT MARRIAGE AND
THEREFORE PROVIDING SPOUSAL
BENEFITS.
NOW, IF YOU SAY YOU WANT
EVERYBODY TREATED EQUALLY, I AM
WITH YOU.
WE OUGHT TO SIMPLY SAY THAT DOMA
OUGHT TO BE REPEALED, THE
FEDERAL GOVERNMENT OUGHT TO BE
ABLE TO RECOGNIZE GAY MARRIAGES
AND THE STANDARD OUGHT TO BE
EQUAL AS APPLIED TO ALL COUPLES.
I AM WITH YOU ON THAT.
>> SHANNON: WE WILL LET THE
SUPREME COURT DECIDE THIS.
BUT THANK YOU FOR LENDING US
YOUR LEGAL EXPERTISE.
>> YOU BET.
>> SHANNON: THE SUPREME COURT
TACKLES ANOTHER ONE OF ITS
BIGGEST CASES THIS YEAR, THIS