LGBTQ news and entertainment
An anti-LGBTQ web designer in Colorado who didn’t want to create wedding websites for same-sex couples has lost again in their lawsuit intended to challenge the state’s anti-discrimination law. Continue reading “Anti-LGBTQ Web Designer Loses Again In Challenge To Colorado’s Anti-Discrimination Law”
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| Plaintiffs Mary Bishop and Sharon Baldwin |
After winning the good fight in Oklahoma to overturn the state’s ban on same-sex marriage, a district judge has ruled in favor of the plaintiffs attorneys and ordered Tulsa County to pay almost $300,000 in fees and costs related to the county’s appeal of a lower court ruling.
Three attorneys for the couple had requested almost $400,000 in attorney fees and nearly $2,000 in costs.
Attorneys for Tulsa County argued that a more appropriate amount would be just over $100,000.
The 10th Circuit Court of Appeal ruled on July 18th that the ban was unconstitutional. In October, the same court ruled that Tulsa County would be financially responsible for the legal expenses incurred by the couple, Mary Bishop and Sharon Baldwin.
10th Circuit denies #Kansas request for initial en banc hearing in marriage case appeal: http://t.co/VQGyOjpxxJ @KansasEquality @aclukansas— Equality Case Files (@EQCF) December 2, 2014
The Attorney General of Colorado, John Suthers, issued a statement today saying all opposition to same-sex marriage would be dropped in light of the US Supreme Court’s denial of review of all circuit court rulings on the issue.
Colorado is in the 10 Circuit Court, which oversees Utah and Oklahoma, whose appeals were denied today.
The United States Supreme Court this morning denied review of all seven of the petitions from the lower Federal Circuit Courts that arose from challenges to state bans on same-sex marriage.
“Because the 10th Circuit Court, which has jurisdiction over Colorado, struck down Utah and Oklahoma’s ban, today’s decision by the high court clears the way for same-sex couples to legally wed in Colorado once stay orders have been lifted.
“The following statement is to be attributed to Colorado Attorney General John Suthers:
“We have consistently maintained that we will abide by the Supreme Court’s determination on the constitutionality of marriage laws.
“By choosing not to take up the matter, the court has left the 10th Circuit ruling in place. We expect the 10th Circuit will issue a final order governing Colorado very shortly. Once the formalities are resolved, clerks across the state must begin issuing marriage licenses to all same-sex couples.
“We will file motions to expedite the lifting of the stays in the federal and state courts and will advise the clerks when to issue licenses.”
(via press release)
The 10th Circuit Court of Appeals gave Utah until July 21st to ask SCOTUS for an indefinite stay on a ruling that ordered the state to recognize same-sex marriage.
From the ACLU:
The U.S. Court of Appeals for the 10th Circuit denied Utah’s request to suspend a lower court’s ruling ordering the state to recognize the marriages of same-sex couples who were legally married after a federal court struck down a state ban, but before the U.S. Supreme Court temporarily halted additional marriages from taking place.
Over 1,000 same-sex couples married in Utah during that time period. In May, a federal court ordered the state to recognize those marriages as legally valid, but Utah had asked that the lower court’s order be suspended as the appeals process continued. Today’s ruling denies that request, but does give the state 10 days to decide to seek a stay from the U.S. Supreme Court.
Utah’s Attorney General has issued a statement saying he will appeal to Justice Sonia Sotomayor (who handles appeals requests for the 10th Circuit):
“The State recognizes that pending cases regarding same-sex marriage in Utah impact the lives of many individuals and families and is diligently seeking uniform certainty through proper and orderly legal processes until Kitchen v. Herbert is resolved.”
Last month a three-judge panel in the 10th Circuit Court of Appeals upheld that Utah’s same-sex marriage ban was unconstitutional.
AG Sean Reyes had three options:
1. Accept the ruling by the 10th Circuit panel
2. Ask for a en banc review (full panel of judges)
3. Head to the US Supreme Court
Today was the last day to opt for number 2; number 1 wasn’t going to happen; and this afternoon the Utah AG’s office confirmed the case will go to SCOTUS.
Here’s the statement from the AG’s office via Utah reporter Ben Winslow:
The NCLR issued this response:
We want this case to move forward to a final resolution as quickly as possible. Every day, loving and committed same-sex couples and their families in Utah are being harmed by the continued enforcement of measures that deny them equal dignity, security and protection—even though both the federal district court and the Tenth Circuit Court of Appeals have held they violate fundamental constitutional guarantees. We look forward to the day every family in Utah has the freedom to marry, and we will work hard to make that happen as soon as possible.
Freedom To Marry offered this:
The Supreme Court should take this case and swiftly move to end marriage discrimination across the country. Every day of delay is a day of hardship for couples and their loved ones wrongly denied the freedom to marry and respect for their families. The American people support the freedom to marry, but the law still discriminates for too many American couples in too many states.
It should be noted that SCOTUS can choose to not take the appeal. Should that happen, the 10th Circuit ruling would go into effect for Utah, Colorado, Oklahoma, Kansas, New Mexico and Wyoming.
The Salt Lake Tribune is reporting that April 10th will be the day the 10th Circuit of Appeals will hear oral arguments on marriage equality in Utah:
On Wednesday, the 10th Circuit Court of Appeals announced oral arguments in the state’s appeal will take place April 10.
The case will be decided by a panel of three judges, who will be randomly assigned about 10 days before the hearing.
The 10th Circuit has agreed to let the same panel handle an appeal from Oklahoma, where a lower court struck down a similar ban on same-sex marriage.
The court also will allow amicus briefs to be filed jointly in the Utah and Oklahoma cases.