Tag: AFER

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Virginia’s Attorney General files brief in support of marriage equality lawsuit

Virginia Attorney General Mark Herring has filed a brief with the Fourth Circuit Court of Appeals in support of AFER’s marriage equality lawsuit.

One of the key tenets of Herring’s brief focuses on the fact that “heightened scrutiny” should be applied in deciding the case.  From his brief:

Virginia’s same-sex-marriage ban violates the Due Process and Equal Protection clauses of the Fourteenth Amendment. Because the ban substantially interferes with the right to marry, it is subject to strict scrutiny.

The ban also discriminates on the basis of gender and sexual orientation, triggering at least heightened scrutiny.

All of the considerations apply here for the judiciary to be suspicious of laws that discriminate against gay people. And the Clerks’ claim that the ban treats men and women equally is like saying that interracial-marriage bans treat blacks and white equally, an argument rejected by the Supreme Court.

Like many AG’s across the country, Herring has refused to defend the law on the basis that he feels it is unconstitutional.

(via JMG)

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Marriage News Watch – April 7, 2014

From the American Foundation for Equal Rights:

Anti-gay groups are getting desperate, with one candidate for governor comparing marriage equality to murder.

An Alabama scheme to slip a marriage ban into the US Constitution is moving forward but is pretty much guaranteed to fail.

A judge in Ohio rules that marriage equality isn’t only for dead people anymore.

Plus, a major marriage victory in Utah gets put to the test on appeal this Thursday.

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Marriage News Watch – March 24, 2014

From the American Foundation for Equal Rights:

• Michigan’s marriage ban is unconstitutional.
• Oklahoma couples fight back in court against an anti-gay group making misleading claims about children.
• A pro-equality ruling is delayed, pending appeal. But another is put in place as of now.
• We have some important hearings coming up very soon.
• Pro-equality Republicans hang on to their seats in a tight election.

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Marriage News Watch – March 10, 2014

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From the American Federation for Equal Rights:

Two more polls show public support for marriage equality at a historic high — and our opponents at a historic low.

Marriages are happening early in Illinois, we have new lawsuits in Florida and Wyoming, and Kentucky’s Attorney General takes a stand against the state’s marriage ban.

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Marriage News Watch – February 10, 2014

From the American Foundation for Equal Rights:

• A Virginia court finally hears arguments in AFER’s marriage case.

• A clearer picture of how Utah will fight to keep its marriage ban in place.

• A new lawsuit hits Wisconsin, with life-or-death stakes for one couple.

• This could be the week that we finally learn the fate of Indiana’s marriage ban.

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Marriage News Watch – February 3, 2014

• A surprise twist in AFER’s Virginia lawsuit

• The Indiana House passes a marriage ban, but in so doing could actually delay its progress

• Utah and Oklahoma cases are speeding towards the Supreme Court, and our chances for victory have greatly improved in Nevada

• Plus there’s progress this week in West Virginia, Hawaii, and Kansas

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Marriage News Watch – January 20, 2014

From the American Foundation for Equal Rights:

A huge victory in Oklahoma this week, with yet another marriage ban declared unconstitutional. Now comes the appeal, in the same federal circuit as the Utah case.

We’ll take a look at what to expect.

Plus, more progress across the country, from Indiana to Texas to Idaho and Georgia.