Alabama Updates Marriage Forms In Advance Of Monday Deadline

As the state of Alabama (and more) awaits a decision by SCOTUS whether or not to extend a stay on the ruling which struck down the state’s same-sex marriage ban, the Alabama Department of Health is prepping for marriage equality to begin on February 9th.

From AL.com:

The department today will send new marriage forms to probate judges in 67 counties. Instead of listing “bride” and “groom,” the new forms include “first listed spouse” and “second listed spouse.”

Catherine Donald, the state registrar and director of the Center for Health Statistics, said there are a few other minor changes that have made the marriage certificate slightly longer. For instance, it now asks for the gender of each spouse, which will allow the state to track how many marriage licenses are issued to gay couples.

Meanwhile, we wait for SCOTUS.

Marriage News Watch – February 2, 2015

From the American Foundation for Equal Rights:

Marriage could be starting next week in Alabama. Anti-gay officials are saying that they don’t have to let gay couples get married, but their reasoning isn’t exactly what you would call true.

Oklahoma’s marriage equality backlash is getting dangerous, with a proposed law that would hand new victims to ex-gay predators.

And the National Organization for Marriage thinks they’ll have an impact on the 2016 presidential election.

Virginia Ordered To Pay Over $520K To Marriage Equality Lawyers

The state of Virginia has been ordered to pay $520,000 to the lawyers for two same-sex couples who successfully challenged the state’s gay marriage ban.

The law firm Gibson, Dunn & Crutcher will receive $459,000. Shuttleworth, Ruloff, Swain, Haddad & Morecock will receive $61,000.

Court papers show that attorneys logged 2,372 hours on the case. Their fees will be paid by the state Department of Treasury’s Division of Risk Management.

Virginia’s same-sex marriage ban was found to be unconstitutional last February. After unsuccessful appeals and SCOTUS refusing to review the ruling, it was a done deal.

In many states, the winning side of a lawsuit may ask for compensatory fees from the losing side.

Hope the tax payers of Virginia don’t mind losing those funds to a bigoted argument.

p.s. You will note, the sky has NOT fallen in Virginia since the passage of marriage equality.

Alabama’s Lone Gay Legislator Threatens To Out Colleagues’ Marital Infidelities

Alabama state Rep. Patricia Todd has decided she’s had enough of the grand espousing of “family values” as an attack on same-sex couples as the marriage equality issue comes to a head in her state.

Speaking to the Daily Times, Todd said:

“I will not stand by and allow legislators to talk about ‘family values’ when they have affairs, and I know of many who are and have,” Todd, the state’s only openly gay lawmaker, said on Facebook over the weekend. “I will call our elected officials who want to hide in the closet out.”

“If certain people come out and start espousing this rhetoric about family values, then I will say, ‘Let’s talk about family values, because here’s what I heard.’ I don’t have direct knowledge, because obviously I’m not the other person involved in the affair. But one thing you would never hear about me is that I ever cheated on a partner or had an affair,” said Todd.

“One thing I’m pretty consistent on is I do not like hypocrites,” she added. “If you can explain your position and you hold yourself to the same standard you want to hold me to, then fine. But you cannot go out there and smear my community by condemning us and somehow making us feel less than, and expect me to be quiet.”

After reading some anti-gay rhetoric based on “family values” attacking the recent ruling which struck down Alabama’s same-sex marriage ban, Todd issued her not-too-veiled threat.

Marriage equality is currently on hold – AGAIN – as Judge Granade issued a last minute 14 day stay on her ruling.

The Attorney General of Alabama is heading to the 11th Circuit Court of Appeals in hopes of a longer stay on the ruling.

Birmingham News: “It Is Time For Gay Men And Women In America To Stand Equal”

Bravo to the editorial board of the Birmingham News.

I encourage you to read the entire editorial, but for now, just the big finish:

We believe the Supreme Court will rightly hold that the unalienable rights of Americans include the right to marry, for all. Since the legal framework of marriage is provided by our governments, it must provide for equality.

Some argue that when the Declaration and Constitution were written, the framers did not conceive that their notion of rights extended to gay men and women, and marriage. No doubt true. For many at that time, such thinking did not even extend to equality for America’s black citizens.

But when America moved to right that wrong, Alabama stayed on the wrong side of history for too long (and our own 1901 state constitution purported to forbid interracial marriage until 2000, long after that had been rendered unenforceable by the Supreme Court.)

Alabama should consider whether it wishes to be in that place again. Times change, and the notion that laws should be interpreted within the nature of those times is also part of America’s Constitution. The first words of the Declaration of Independence are: “When in the course of human events…”

In the course of human events, it is time for gay men and women in America to stand equal. Laws that impede this are not in line with our Constitution, and must fall.

I hadn’t seen that point made about the Declaration of Independence in regard to marriage equality.

“When in the course of human events…”

Yeah. That works for me.

Forward.

Marriage News Watch – January 26, 2015

From the American Foundation for Equal Rights:

• There’s a big fight underway right now in Alabama, with a Judge overturning a marriage ban and state officials refusing to obey his order to issue licenses.

• Anti-gay politicians are threatening to ban all marriage licenses if the Supreme Court rules in favor of equality.

• And one lawmaker even wants to send clerks to jail if they issue licenses to anyone — gay or straight.

Alabama: Judge Reverses Course And Issues 14-Day Stay On Marriage Ruling

Late Sunday evening, U.S. District Judge Callie V. Granade issued a 14-day stay on her Friday ruling which struck down Alabama’s same-sex marriage ban down the state’s gay marriage ban, just hours before it went into effect.

From WIAT in Birmingham, Alabama:

The court’s ruling states that Attorney General Luther Strange (pictured) has not shown enough cause for an indefinite stay, but is allowing the Attorney General time to present his arguments to the Eleventh Circuit Court.

If the Eleventh Circuit Court fails to act during the 14-day delay, the order will be lifted February 9th.

So now, the Attorney General heads to the 11th Circuit Court (which has not addressed same-sex marriage yet) to ask for a longer or indefinite stay. Attorney General Luther Strange issued a statement saying he would have preferred to wait until SCOTUS ruled on the issue this summer, but will now have time to prepare a request to the 11th Circuit.

Amid all this, the Alabama Probate Judges Association has also thrown it’s own wrench into marriage equality by issuing an “opinion” that the ruling only refers to the plaintiffs and not state wide.

The plaintiffs have now asked Judge Granade to clarify as to the scope of the ruling in response to the Probate Judges Association.

Louisiana Gov. Jindal Would Support Federal Same-Sex Marriage Ban

Louisiana Gov. Bobby Jindal, appearing on ABC’s “This Week,” said he would support a constitutional amendment promoted by Sen. Ted Cruz (TX) which would enable state legislatures to outlaw same-sex marriage should SCOTUS overturn various state bans.

“If the Supreme Court were to throw out our law, our constitutional amendment — I hope they wouldn’t do that — if they were to do that, I certainly will support Ted Cruz and others that are talking about making … a constitutional amendment to allow states to continue to define marriage.”

“I believe that marriage is between a man and a woman,” Jindal said. “My faith teaches me that, my Christian faith teaches me that. I’m not for discrimination against anybody. I know that many politicians are evolving, so-called evolving on this issue based on the polls. I don’t change my views based on the polls.”

The U.S. Supreme Court has agreed to hear same-sex marriage cases from the 6th Circuit Court of Appeals. A ruling is expected by June.

Alabama Marriage Equality Plaintiffs Request Clarification From Judge

Yesterday, the Probate Judges Association of Alabama declared that Friday’s same-sex marriage ruling only applies to the one couple who filed the suit. (In Alabama, probate judges – not county clerks – are tasked with issuing marriage licenses).

Today, the plaintiffs in the lawsuit that saw the marriage ban struck down have filed a motion asking the judge to clarify her ruling.

From the motion:

Clarification is necessary as the Probate Judges association in Alabama have assumed the position like George Wallace at the schoolhouse door staring defiantly upon this Court’s order reasoning that not all citizens of Alabama are entitled to the same rights and privileges afforded under the Constitution of the United States and that as Probate Judges “it is [their] duty to issue marriage licenses in accordance with Alabama law and that means [they] can not legally issue marriage licenses to same sex couples.” Alabama Probate Judges Association statement to the press on January 24, 2015.

It is respectfully submitted that this Court’s order declaring Ala. Const. Art. 1§ 36.03 (2006) and Ala. Code 1974 §30-1-19 unconstitutional for violation of the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment shall meet with immediate defiance and confusion without further clarification.

Read the full motion below:

Sen. Jeff Sessions Enthusiastically Endorsed Judge Who Struck Down Marriage Ban

With great sense of irony, we take a trip in the Way Back machine to 2002, where anti-gay Sen. Jeff Sessions (R-AL), enthusiastically endorsed the nomination of Judge Granade who last Friday overturned his state’s ban on same-sex marriage.

“I thank the Senator from Nevada for his courtesy. I will speak about Callie–known as Ginny–Granade, who will be voted on shortly for the U.S. district judgeship for the southern district of Alabama. Ginny Granade is a nominee of the highest order. President Bush has nominated her to be the judge in the southern district of Alabama. She has the temperament, integrity, legal knowledge, and experience that will make her an outstanding jurist on the Federal bench. I know this from firsthand experience. Ginny is levelheaded, fair minded, trustworthy, and very smart.

“I suggest in the filling of this vacancy with Ginny Granade as a Federal judge, we are going to have done a good day’s work. Her experience and practice make me confident that the lawyers and the litigants in the Southern District of Alabama will enjoy and appreciate their opportunity to be in the courtroom she will control and preside over.”

Just delicious…

(via JMG)