Georgia: Lawsuit filed challenging state ban on marriage equality

Today, a class-action lawsuit was filed in Georgia challenging the state’s ban on same-sex marriage.

From The Georgia Voice:

April 10 was not your usual Thursday at Fulton County Probate Court. Because at one point during the day, Midtown couple Shane Thomas and Michael Bishop strolled in and applied for a marriage license.

“Everyone there was friendly, but they still said no,” Bishop tells GA Voice.

In 2004, Georgia voters overwhelmingly approved a constitutional amendment banning same-sex marriage as well as recognizing same-sex unions from other states. But since the U.S. Supreme Court’s ruling last year striking down a major portion of the Defense of Marriage Act in the renowned Windsor case, judge after judge after judge in states across the country are ruling that state bans on same-sex marriage are unconstitutional.

With that marriage license denial to Bishop and Thomas this month, in coordination with the actions of two other same-sex couples and one widowed lesbian, a chain reaction started which will lead to the April 22 filing of a massive class action lawsuit in the U.S. District Court of Northern Georgia. The plaintiffs will enter this fight with the backing of Lambda Legal and the law firms of Bryan Cave and White & Case.

From the lawsuit: “The marriage bans send a purposeful message that the State views lesbians and gay men and their children as second-class members of society who do not deserve the same legal sanction, legal protection, respect, support, responsibilities, and obligations as different-sex spouses and their families.”

Colorado: Service members speak out in support of marriage equality

In its ongoing work to demonstrate that the broad majority of Coloradans support the freedom to marry, Why Marriage Matters Colorado, a coalition of state and national organizations, released a 30-second television spot featuring a group of local veterans standing up for their gay comrade in arms.

The ad, airing statewide, features three military veterans who, together with their friend, U.S. Air Force Master Sergeant T. Ashley Metcalf – who is still actively serving his country – represent 45 years of military service. Sgt. Metcalf is gay, and his band of brothers – former Army Staff Sgt. Izzy Abbass, retired U.S. Air Force Senior Master Sgt. Dennis Mont’Ros, and former Marine Sgt. Will Glenn – talk about the importance of the freedom to marry for everyone.

(Via Why Marriage Matters Colorado)

Challenge to Oregon’s gay marriage ban in court this week

A federal judge will hear two cases Wednesday that aim to strike down Oregon’s anti-marriage equality law, but no party has stepped in to defend the voter-approved constitutional amendment.

From The Republic:

Oregon’s attorney general, Democrat Ellen Rosenblum, says the state’s ban is legally indefensible. Her office filed a lengthy brief urging judge U.S. District Judge Michael McShane to throw it out. There have been no legal arguments submitted for upholding the ban.

Federal judges in five states have thrown out voter-approved bans on same-sex marriage on constitutional grounds since the U.S. Supreme Court struck down a portion of the federal Defense of Marriage Act last year, and many other challenges are pending.

For Oregon’s ban, oral arguments are scheduled for Wednesday at U.S. District Court in Eugene.

“The ban on same-sex marriage serves no rational purpose and harms Oregon citizens,” lawyers for the state wrote. “This case presents that rare case in which there simply is no legal argument to be made in support of a state law.”

The U.S. Constitution’s equal protection clause prohibits the government from treating a group of people differently from others unless there’s sufficient justification that furthers a legitimate public interest.

In this case, much of the legal analysis surrounds how high the bar should be for the government to prove it has an interest in treating gays and lesbians differently with respect to marriage.

Pennsylvania: Marriage equality lawsuit may resolve based only on briefs filed, no trial

Pennsylvania’s marriage equality lawsuit may receive a relatively quick ruling in light of the fact that the state says it will not call any experts nor argue the ban causes harm to the plaintiffs.

From the ACLU website:

A trial became unnecessary after the commonwealth stated that it will not call any experts to counter the plaintiffs’ argument that there is no rational reason why lesbian and gay couples are excluded from marriage, nor does it plan to dispute the specific harms caused to the plaintiffs by the marriage ban. All legal papers in the case will be filed by May 12, meaning a ruling could come at any time after that date.

“We are pleased that this case will be moving forward quickly. Our clients have waited long enough for the state to recognize the love and commitment that these couples have for each other,” said John S. Stapleton, of Hangley Aronchick Segal Pudlin & Schiller.

In addition to the motion for summary judgement (asking a judge to decide the case on the briefs alone rather than wait for a trial), briefs were filed by the plaintiffs with testimony from experts on legal disadvantages same-sex couples face on many legal fronts, as well as economic harms to the state’s economy due to banning marriage equality.

You can read the plaintiff’s motion for here.

Texas: Marriage equaltiy reaches positive territory in recent poll

According to a survey by Texas Tech, support for marriage equality has crossed into positive territory for the first time.

Mark McKenzie, associate professor of political science at Texas Tech, spoke to Newswise:

“In the past, support for gay marriage in this state was below 40 percent,” he said. “Now, were closely divided on the issue. 48 percent of Texans think gay marriage should be recognized whereas 47 percent are against.

“Democrats and Independents strongly support gay marriage, while Republicans are strongly opposed to it.”

Other results include:

• 56% of Texans believe illegal immigrants should be allowed to stay in the US and apply for citizenship
• 44% of Texans approve of the Tea Party
• 41% label themselves Republican, 17% see themselves as Democrats and 31% say the are Independetns

Marriage News Watch – April 21, 2014

From the American Foundation for Equal Rights:

• The lawyer who led the defense of Proposition 8 now says his attitudes are evolving as he plans his daughter’s lesbian wedding.
• Michigan officials are trying to invalidate hundreds of couples’ marriage licenses, but now those couples are fighting back.
• A Judge in Ohio has issued one of the most strongly-worded rejections of a marriage ban to date.

Utah Unites for Marriage releases two ads featuring straight allies

Utah Unites for Marriage has released new ads featuring straight allys detailing their support of marriage equality in hopes of convincing others that allowing gay and lesbian couples to marry will strengthen, not harm, the state.

William and Marge Bradshaw are family-oriented folks, who look forward to the day their children can enjoy the kind of life they’ve led — a life filled with love, family and, ultimately, marriage to a committed partner. And that includes their gay son.

In this ad, Terry Wood, a longtime television news anchor, reporter and radio personality, credits his openly gay son with changing his views on relationships and bringing him to a pro same-sex marriage position.

Michigan: Episcopal Bishop supports marriage equality

With the ruling in the Michigan marriage equality lawsuit due anytime time, Bishop Wendell Gibbs, of the Episcopal Diocese of Michigan, has issued this statement in support of marriage equality:

“Picking and choosing whose rights should be protected or which civil rights the church will support is neither American ‘justice for all’ nor supported by the God of salvation history. I stand in support of marriage equality and pray that our justice system will work to break down the walls of segregation, promote the humanity of all and calm our irrational fears.”

(via Pink News)

Wyoming sees statewide campaign for marriage equality

A new campaign to legalize same-sex marriage in Wyoming, Wyoming Unites for Marriage, kicked off on the steps of the Capitol building in Cheyenne, Wyoming on Monday.

The campaign will work in conjunction with a lawsuit filed in state court on behalf of four same-sex couples, along with the National Center for Lesbian Rights, challenging Wyoming’s ban on marriage for gays and lesbians.

Jeran Artery, chairman of Wyoming Equality, said advocates will hold rallies and discussions throughout the state to build support for the lawsuit and their goal — to make civil unions between same-sex couples legal in the state.

“As that case makes it way through the courts, there is nothing more important that we can do than have meaningful conversations about why marriage matters to all of Wyoming’s families,” Artery told supporters Monday.

“At the end of the day, marriage for same-sex couples is about treating others like we would like to be treated,” he added. “In Wyoming right now, loving same-sex couples and their families are being denied the protections that only marriage can provide.”

Citing the national trend, Artery predicted it won’t be long before same-sex couples can marry and have equality in Wyoming — known as the Equality State.

Rep. Dan Zwonitzer, a Cheyenne Republican, said he has supported same-sex marriage in the 10 years he has served in the Wyoming House. During that time, the Legislature has not passed any anti-gay legislation. He predicted gay marriage will no longer be an issue 10 years from now.

(via Trib.com)