Marriage News Watch – July 14, 2014

• The one year celebration of Prop 8 decision at SCOTUS and the return of marriage equality to California.

• Currently awaiting a ruling in Virginia marriage equality case. Two district court decisions in our favor, and the 4th Circuit Court’s decision could happen any time now.

• Also this week, a Colorado judge will allow marriages to continue, even though the state’s marriage ban is still on the books.

• And new marriage equality cases in Idaho, briefs in multiple states, and a new survey in Louisiana.

Poll: Support continues to grow for same-sex marriage in Australia

According to a new poll, 72% of Australians now support same-sex marriage:

A Crosby Textor poll, commissioned by Australian Marriage Equality, has found that 72 per cent of Australians want same-sex marriage legalised, while 77 per cent think Coalition MPs should be granted a conscience vote.

The survey by the Liberal Party’s national pollster finds support for marriage equality is increasing among Australians, up from 65 per cent in a Nielsen poll last August.

It shows opposition to same-sex marriage has collapsed, with just one in five Australians or 21 per cent opposed, marking Parliament as increasingly out of step with the views of the majority of Australians.

According to the poll, support for same-sex marriage is now higher in Australia than it was in any other country, including New Zealand and Great Britain, when overseas parliaments have passed marriage equality laws.

(via Sydney Morning Herald)

Federal judge rules Boulder County Clerk can continue issuing marriage licenses to same-sex couples

District Court Judge Andrew Hartman ruled today that Boulder County Clerk Hillary Hall can ignore the stay on a ruling from the 10th U.S. Circuit Court of Appeals in Denver, which found states cannot set gender requirements for marriage.

Hartman said same-sex marriage is still illegal in Colorado but that Hall’s behavior causes no harm.  The ruling included the temporary measures that couples be informed that the licenses could be found invalid at some point in the future, and that clerks identify and note all same-sex marriage licenses to state agencies.

In his ruling, Hartman noted that every judge who has ruled on a same-marriage ban since the fall of DOMA last June has found it unconstitutional. He referred to Colorado’s prohibition is “hanging on by a thread.”

Following suit, word comes that Denver’s County Clerk will begin issuing marriage licenses to same-sex couples as soon as possible.

(source)

Indiana: 7th Circuit Court orders state to recognize terminally-ill lesbian’s marriage

Amy Sandler (L) and Niki Quasney (R)

Today, the day after Lambda Legal filed papers with the Seventh Circuit Court of Appeals asking the court on an emergency basis to lift its stay to allow respect for the marriage of one couple, Niki Quasney and Amy Sandler, because Niki is battling Stage IV ovarian cancer, Attorney General Greg Zoeller filed papers again demanding that the Court deny respect to the Indiana couple’s marriage.

Camilla Taylor, Marriage Project Director for Lambda Legal, said:

Attorney General Zoeller’s callous disregard for this family’s circumstances is heartless, cruel, and unbecoming of a public official charged with representing the interests of all Hoosiers. He is taking steps that no other attorney general anywhere in the country has in fighting to deny respect to the marriage of only one couple facing very significant health issues.

Attorney General Greg Zoeller will not have the last word, justice will. This Indiana family is undergoing tremendous stress while they courageously fight Ms. Quasney’s stage four ovarian cancer. Their marriage doesn’t harm anyone in Indiana, it simply protects them and their children.

See the written order from the court below:

(from Lambda Legal Blog)

Joan Rivers officiates impromptu same-sex marriage at NYC book signing

Joan Rivers marries Joe Aiello and Jed Ryan at NYC book signing

A couple of Joan Rivers fans decided “you don’t get if you don’t ask” at the comedian/author’s book signing of Diary of a Mad Diva at Barnes & Noble.  From ET:

Rivers, 81, was taking questions from her fans when Jed Ryan and Joe Aiello, a couple of three years, raised their hands and ask if the comic – who is an ordained minister capable of officiating weddings – would marry them right then and there.

It was a no-brainer for Rivers who quickly got them up on stage, had them hold hands, and then came up with some funny and touching vows on the spot.

“While we were waiting, we were reading the book,” Aiello told ET. “She mentioned being an ordained minister, and I jokingly asked [Ryan], ‘Do you think it’s true? Maybe she’ll marry us.’ And he goes, ‘Ask her.’ So I did. I don’t think he really thought I would, and neither one of us thought she’d say yes!”

Jed Ryan is an LGBT activist who appeared as a guest several times on during my time as co-host of The Candi & Randy Show. Great guy, and wishing rainbow wishes to the happy couple!

Check out the short but sweet ceremony below:

Colorado: Boulder County Clerk begins issuing same-sex marriage licenses based on 10th Circuit Court ruling

Upon issuance of the 10th Circuit Court of Appeals ruling that Utah’s ban on same-sex marriage was unconstitutional, over in Colorado, Boulder County Clerk Hillary Hall began to issue marriage licenses.

Hall’s position was that since Colorado and Utah are both within the jurisdiction of the !0th Circuit Court, the ruling applied to Colorado. And upon further review decided the stay issued on the ruling did not affect Colorado.

Colorado Attorney General John Suthers made it clear that the licenses are not valid.

“That’s their opinion. We disagree with it,” Hall said Thursday morning. “We will be here issuing marriage licenses until a Colorado court or the Supreme Court tells us to desist.”

Andie Lyons, 32, and her partner were one of about 10 couples in line at the Boulder City and County building when the doors opened at 8 a.m. Thursday. Lyons knows what Suthers said but said it was still worth $30 for the license.

“We’ve jumped through every hoop that was available to us,” Lyons said. “To us, it’s as much about being apart of this moment, so we know it might not practically change our lives. We’re alive at this time, and we want to be in front of that.”

Josh Hufford, 31, is a software engineer from Denver and was among those waiting in line with his partner, Levi Healy, 34.

“I’m disappointed that he feels that needs to be stated,” Hufford said of Suthers declaring the licenses invalid. “All this is doing is wasting taxpayers’ money for something that is inevitable.”

In his statement late Wednesday, Suthers said: “Any marriage licenses issued to same-sex couples in Colorado before a final court resolution of the issue are invalid.”

Hall said Thursday that when they reviewed the Court of Appeals’ ruling, it was clear that marriage is a fundamental right for everyone after they consulted with their attorneys.

“We are prepared to defend that decision — hopefully not in court,” Hall said.

Watch a short clip as couples line up outside the county clerks office to get their marriage licenses.

(via Denver Post)

Wisconsin: Federal judge stays same-sex marriage ruling

On hold for now.

I see the reasoning, but I’m still sad.

Via Chris Geidner at Buzzfeed:

A federal judge issued a final trial court order striking down Wisconsin’s ban on same-sex couples marrying, but she put her ruling on hold pending appeal.

“I conclude that Herbert v. Kitchen, compels me to stay the injunction,” U.S. District Court Judge Barbara Crabb wrote, referencing the Supreme Court’s January decision halting same-sex marriages in Utah during the appeal of that case.

The ruling comes a week after her initial decision striking down the ban. At that time, she did not issue an injunction in the case and laid out a plan for resolving that question and the question of whether her eventually injunction should be stayed during the appeal in the coming weeks.