Tag: gay marriage

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Federal judge orders Tennessee to recognize 3 couples same-sex marriages

A federal judge has ordered the state of Tennessee to recognize the legal marriages of three same-sex couples while their lawsuit is under consideration based on the judge’s opinion that the couples will ultimately win their case.

From Buzzfeed:

In considering the request for a preliminary injunction, U.S. District Court Judge Aleta Trauger wrote that “all relevant federal authority indicates that the plaintiffs in this case are indeed likely to prevail on their claims that the Anti-Recognition Laws are unconstitutional.”

The plaintiffs, she noted, filed the case only on their own behalf, so the temporary ruling affects only the state’s treatment of the three couples.

In granting her injunction, Judge Trauger wrote that “all signs indicate that, in the eyes of the United States Constitution, the plaintiffs’ marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history.”

You can read the judge’s opinion at Buzzfeed.

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Three states see new lawsuits seeking marriage equality – Arizona, Florida and Indiana

Lots of legal action happening today in the world of marriage equality.

Via press release, Freedom To Marry announces a trio of federal lawsuits concerning marriage protections for same-sex couples filed in three different states today.

The cases – filed in Arizona, Florida, and Indiana – join more than 50 other lawsuits where same-sex couples are seeking the freedom to marry or respect for their marriages performed in other states.

Marriage equality litigation is currently pending in 28 different states, and in seven of these states, appeals are now before federal appellate courts.

Filed today:

ARIZONA

Lambda Legal filed this federal lawsuit – Majors v. Roche – in Arizona on behalf of seven same-sex couples – and the surviving spouses of two other same-sex couples – seeking the freedom to marry or respect for legal marriage licenses received in other states.

The plaintiffs include married same-sex couples, couples who want to marry in Arizona, and individuals whose same-sex spouses have passed away without Arizona ever respecting their status as a married couple. The lead plaintiffs are Nelda Majors and Karen Bailey (pictured), who are both in their 70s and have been together for more than 55 years.

FLORIDA

The American Civil Liberties Union of Florida filed this federal lawsuit – Grimsley and Albu v. Scott – on behalf of SAVE, an LGBT organization in Miami and eight married same-sex couples seeking respect for their marriages legally performed in other states.

The lead plaintiffs are Sloan Grimsley and Joyce Albu, who work as a firefighter and a consultant assisting parents of children with developmental disorders, respectively. The women have been together for nine years, married in New York in 2011, and are raising a 2-year-old child together.

INDIANA

Lambda Legal filed this federal lawsuit – Baskin v. Bogan -on behalf of three same-sex couples seeking the freedom to marry in Indiana.

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Quote of the day: Andrew Sullivan

Results from the latest Pew poll regarding marriage equality

From Andrew Sullivan’s essay today on the ever-rising support for marriage equality:

“Simply put: it’s extremely hard to oppose marriage equality when you know someone who is gay. It requires you to hold a position that clearly treats the human being in front of you as inferior – or at least it sure can feel that way.

“This doesn’t mean there isn’t a reasoned, theological argument that gays should be denied equal treatment under the law. It simply means that even if you hold that principled position, you will increasingly feel like an isolated asshole with gay friends, family members and colleagues.

“And few actively want to be an asshole.”

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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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New poll: Record high 59% of Americans support marriage equality

According to a new Washington Post/ABC News poll, a record high of 59% of Americans support marriage equality:

Half of all Americans believe that gay men and lesbians have a constitutional right to marry, according to a new Washington Post-ABC News poll in which a large majority also said businesses should not be able to deny serving gays for religious reasons.

Fifty percent say the U.S. Constitution’s guarantee of equal protection gives gays the right to marry, while 41 percent say it does not.

Beyond the constitutional questions, a record-high 59 percent say they support same-sex marriage, while 34 percent are opposed, the widest margin tracked in Post-ABC polling.

Bolding is mine.

In addition, 65 percent of Americans across the country think businesses should not be able to refuse service to gay people even if it violates their religious beliefs.

Check out the graphic below for more results from the poll.

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Kentucky will NOT appeal ruling on same-sex marriage

The AP is reporting that Kentucky’s Attorney General has issued a statement saying the state will NOT appeal the recent ruling saying the state must recognize same-sex marriages legally performed in other states:

Attorney General Jack Conway’s decision means same-sex couples in Kentucky who were married in other states will be allowed to pursue name changes, file joint tax returns with the state, and seek to have names added to birth certificates.

The Democrat said at a news conference that if he appealed, “I would be defending discrimination. That I will not do.”

Happy Dance Time!

UPDATE: Kentucky Gov. Steve Beshear announced he’ll hire other counsel to represent the state in the case, known as Bourke vs. Beshear, in regard to appealing the district court decision against the marriage ban the U.S. Sixth Circuit Court of Appeals.

“General Conway has advised me that he will no longer represent the Commonwealth in Bourke vs. Beshear,” Beshear said. “The State will hire other counsel to represent it in this case, and will appeal Judge Heyburn’s decision to the Sixth Circuit U.S. Court of Appeals and ask the court to enter a stay pending appeal.”

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Michigan: Defense begins badly for state defending anti-gay marriage ban

Michigan is currently in court defending the state’s anti-marriage equality ban passed in 2004.

Unfortunately, the Attorney General’s office is already knocked off balance as the first “expert” witness has been deemed “not” an expert by the judge.

“He’s very eloquent … but right now, all he is offering to us is mainly his opinions,” U.S. District Judge Bernard Friedman said of the witness. “The court does not believe … that he should be allowed to testify.”

Via LGBTQ Nation:

The state of Michigan’s defense of a ban on same-sex marriage is off to a rocky start after a judge refused to allow the first witness to testify.

Sherif Girgis is a law student at Yale University and a doctoral candidate at Princeton University. He has written and talked about a historical defense of marriage between a man and a woman.

Federal Judge Bernard Friedman says Girgis will be an expert witness – someday. Friedman says Girgis’ opinions won’t help him decide this case.

The Michigan AG has requested time to find another “expert witness.”

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Kentucky seeks delay in recognizing same-sex marriage

While awaiting final orders from U.S. District Judge John G. Heyburn II on his ruling that Kentucky must recognize same-sex marriages from out of state, the Attorney General has requested a 90 day delay:

The two-page filing Thursday morning says the delay is sought to give the attorney general time to decide whether to appeal the Feb. 12 ruling and would give the state an opportunity to prepare to implement the order.

The request came as parties in the case were awaiting a final order from U.S. District Judge John G. Heyburn II overturning part of Kentucky’s same-sex marriage ban.

Earlier this month, Heyburn concluded that the ban, which has been in place since 2004, treated “gay and lesbian persons differently in a way that demeans them.”

Heyburn had indicated earlier that his final orders would not include a stay on the ruling.

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Brian Brown of NOM has lost his balance in Texas

“We’ve seen a rash of these rulings in recent weeks, all making the same errors about binding Supreme Court precedents relevant to marriage and all issued by activist judges bound and determined to redefine marriage in defiance of thousands of years of human experience,” said Brian Brown, NOM President.

“These egregious decisions by unelected judges throwing out the votes of millions of Americans have been shamefully encouraged, aided, and abetted by the lawless actions of President Obama and his administration, especially the Attorney General.

“It simply has to stop. Critical issues like marriage that are foundational to civilization cannot be permitted to be taken over by activist judges and out of control political appointees. The voices and values of ordinary citizens are being trampled by judges determined to impose profound social change that affects citizens in the deepest and most fundamental ways.

“The American people, and our leaders in Congress, need to step up and restore the powers of government to their proper balance.” – hate group leader Brian Brown writing on the NOM blog through tears of impending unemployment