Tag: gay marriage

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Federal judge strikes down Wisconsin ban on same-sex marriage

U.S. District Court Judge Barbara Crabb  has ruled that Wisconsin’s ban on same-sex marriage is unconstitutional.

Wisconsin’s voters passed a constitutional ban against same-sex marriages in 2006, but the American Civil Liberties Union, the ACLU of Wisconsin, and the law firm of Mayer Brown filed a lawsuit on behalf of eight Wisconsin couples challenging the ban.

Part of Friday’s ruling reads:

“It is DECLARED that art. XIII, § 13 of the Wisconsin Constitution violates plaintiffs’ fundamental right to marry and their right to equal protection of laws under the Fourteenth Amendment to the United States Constiution.”

[snip]

“Personal beliefs, anxiety about change and discomfort about an unfamiliar way of life must give way to a respect for the constitutional rights of individuals…”

The state motioned to stay the case in March and to dismiss it in April, but both motions were denied. It’s not yet clear when same-sex marriages will be able to be performed in Wisconsin.

Several county clerks have prepared for this decision in advance with plans to beef up staff in case there is a sudden rush for couples to marry.  There is normally a five day waiting period between application and issuance of marriage licenses, but clerks may waive the waiting period in some cases for a $25 fee.  Some clerks have indicated they would be willing to do so for same-sex couples.

This is the 20th consecutive win for marriage equality since last summer’s SCOTUS decision on DOMA and Prop 8.

What a gift for pride celebrations!

Congratulations Wisconsin!

(source)

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Marriage equality lawsuit filed in North Dakota

Every state in the US which has a law outlawing marriage equality now has a legal challenge filed in court.

Seven couples filed suit in Fargo, North Dakota, today taking aim at the state’s same-sex marriage ban AND the state’s failure to recognize same-sex marriages performed in other states.

North Dakota passed it’s ban on marriage equality in 2004.

Currently 19 states and the District of Columbia allow same-sex couples to legally wed.

(source)

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Idaho: Gov. Butch Otter requests Ninth Circuit Court 11-judge panel to review same-sex marriage ruling

Idaho Gov. Butch Otter

Gov. Butch Otter of Idaho has filed a request with the Ninth Circuit Appeals Court to hear his state’s appeal regarding the recent same-sex marriage ban’s repeal to be heard by a full 11-judge panel instead of the usual 3-judge panel.

From the Spokesman.com:

“Because the marriage issue is so passionately contested and so divisive among the citizenry, the perception of the legitimacy of this court’s resolution of it must be of paramount concern,” attorneys for the governor argue in their motion. “A decision by an 11-judge panel stands far higher and stronger than does a decision by a three-judge panel, just as a decision by a three-judge panel stands far higher and stronger than does a decision by a single judge.”

U.S. Magistrate Judge Candy Dale last month overturned Idaho’s constitutional ban on same-sex marriage, saying it violated the U.S. Constitution’s guarantees of equal protection and due process; four Idaho couples had sued, saying their constitutional rights were violated by the state not allowing them to marry or not recognizing their legal marriages from other states.

The appeal was immediately filed with the Ninth Circuit Court when the initial ruling was issued. However, it is unusual to go directly to a full “en banc” hearing. Normally, an appeal works it’s way through a 3-judge panel, and then to “en banc” as an appeal or directly to the US Supreme Court.

The Ninth Circuit Court has ordered that the case be handled swiftly, with briefing over the summer and arguments in the second week of September.

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Cameron & Mitchell of “Modern Family” finally walk down the aisle

After an entire season of planning, Cameron (Eric Stonestreet) and Mitchell (Jesse Tyler Ferguson) finally walked down the aisle in the season 5 finale of “Modern Family.”

In the wake of several states legalizing same-sex marriage and a Gallup poll showing support for marriage equality is at an all-time high, Cam and Mitch’s wedding is a timely end to the season.

(via OUT)

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Utah judge orders state to recognize same-sex couples who legally wed

According to a press release from the ACLU, a federal judge has ruled Utah must recognize the legal marriages of those same-sex couples who married after the same-sex marriage ban was struck down:

A federal judge ordered the state today to recognize the marriages of same-sex couples who were legally married in Utah 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. The couples are represented by American Civil Liberties Union, the ACLU of Utah, and Strindberg & Scholnick, LLC, who sought the preliminary injunction for the marriages to be recognized while their lawsuit continues.

“Our clients, like over 1,000 other same-sex couples, were legally married and those marriages cannot now be taken away from them,” said John Mejia, legal director of the ACLU of Utah. “While we await a permanent decision, we are relieved that our clients will receive the full recognition they deserve as lawfully married couples.”

Today’s preliminary injunction is not a permanent order, but it reflects the court’s determination that the plaintiffs’ are likely to prevail on their legal claims and would suffer irreparable harm if their marriages were stripped of recognition. Today’s order was given a 21-day stay to allow the state to respond.

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Arkansas judge strikes down all state laws banning same-sex marriage

 

Last week in Arkansas, when Judge Chris Piazza struck down the state’s same-sex marriage ban, his order did not include a law specifying county clerks being banned from the act of issuing a marriage license to same-sex couples. Today, that little detail was addressed so that the freedom to marry can continue.

From the AP:

A day after the state Supreme Court effectively halted gay marriages in the state, Pulaski County Circuit Judge Chris Piazza expanded his ruling striking down a constitutional ban to also include the prohibition on clerks issuing same-sex marriage licenses. Justices had ruled Wednesday that Piazza’s decision on the gay marriage ban did not change that license law.

Piazza also rejected a request to suspend his ruling, saying there’s no evidence the state would be harmed by allowing gay marriages to continue.

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NOM plans to appeal right to interfere in Oregon marriage equality lawsuit

Via press release, NOM chairman John Eastman says the Washington DC based organization will appeal to the Ninth Circuit Court of Appeals to intervene in the recent Oregon ruling on same-sex marriage.

“We are disappointed in the ruling today denying the National Organization for Marriage the ability to intervene in this case.

“We believe that our members in the state and the people of Oregon are entitled to a vigorous defense of the marriage amendment adopted overwhelmingly by Oregon voters.

“We disagree with the Judge’s finding that our motion was untimely. Although her unwillingness to defend Oregon’s law has been known for some time, the state Attorney General made clear only in April that she would not appeal a ruling invalidating the marriage amendment.

“We believe it is imperative that a party be able to appeal any adverse ruling and that we are entitled under the law to intervene to defend the measure and appeal any adverse ruling. For this reason, we will be filing an appeal of today’s ruling with the Ninth Circuit Court of Appeals seeking a reversal of this decision.”

Remember kids – all these folks talk about “state’s rights.” So why is a Washington DC based organization interfering in an Oregon lawsuit?

Things that make you go hmm…

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BREAKING: NOM intervention in Oregon marriage equality case denied

A U.S. District Court judge has denied a request by the ironically named National Organization for Marriage to intervene in Oregon’s gay marriage case.

Judge Michael McShane’s decision Wednesday morning, made from the bench after an hour of oral arguments, may still be appealed by the group.

McShane consolidated two lawsuits into one case and heard oral arguments last month.

Oregon Attorney General Ellen Rosenblum, in light of a U.S. Supreme Court decision last year striking down a federal ban on gay marriage, said she would not defend Oregon’s prohibition.

The National Organization for Marriage filed a motion to intervene in the case in defense of Oregon’s ban but Judge McShane decided the Washington DC based organization does not have standing.

“This is an Oregon case. It will remain an Oregon case,” McShane said Wednesday reports Portland TV station KOIN.

McShane has not indicated when he could decide the larger case. If he decides to overturn Oregon’s ban, he could also decide to let gay marriages proceed immediately, or he could stay gay marriages pending appeals of his decision.

(via Oregon Live)

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Idaho: Judge refuses request to stay marriage equality ruling

Click image to enlarge

After yesterday’s ruling from Judge Candy Dale in Idaho overturning the state’s ban on same-sex marriage, Gov. Butch Otter requested the judge put a stay on the ruling while the state appeals the decision.

Today, Judge Dale refused that request saying:

“The State’s continued enforcement of its laws against same-sex marriage irreparably harms Plaintiffs and other same-sex couples.

“Given the ongoing potential for irreparable injury to both sides, the equities do not sharply favor the Governor.  Nor does the public interet favor preserving a status quo that deprives individuals of their constitutional rights.

“The Court finds a stay pending appeal is not warranted.”

The original court ruling is scheduled to go into effect Friday morning at 9am. Expect the Governor & company to head over to the Ninth Circuit Appeals Court with another request for stay.

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Idaho: Judge strikes down same-sex marriage ban

Freedom To Marry shares the news that today U.S. Magistrate Judge Candy Dale, a federal judge in Idaho, ruled in favor of the freedom to marry, striking down the state’s discriminatory constitutional amendment that bans same-sex couples from marriage.

The judge says Idaho’s marriage laws violate the couples’ rights under the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution.

From the ruling:”Idaho’s marriage laws. relegate their gay families to a stigmatized, second-class status without sufficient reason.”

The judge stated that the order takes effect this Friday at 9am.

The ruling is the 16th consecutive victory in state and federal court for the freedom to marry since the U.S. Supreme Court’s ruling in Windsor v. United States in June 2013. The ruling is the 12th win in federal court for marriage since June.

The decision was filed in Latta v. Otter, a federal case filed by the National Center for Lesbian Rights last fall that seeks the freedom to marry and respect for marriages legally performed in other states.

It comes just a few days after a May 5 hearing in the case, where Judge Dale heard arguments on the plaintiffs’ motion for summary judgment.

(via press release)