Tag: marriage equality

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North Carolina: Second Federal Judge Rules Same-Sex Marriage Ban Unconstitutional

From QNotes:

A federal judge in Greensboro, N.C., has ruled that the North Carolina’s anti-LGBT marriage amendment is unconstitutional, but will also allow the state’s top Republican legislative leaders to intervene in their continuing effort to defend the constitutional ban.

U.S. District Court Judge William Osteen issued his order Tuesday, following fellow federal Judge Max Cogbburn’s ruling on Friday overturning the amendment and opening legal marriage to same-gender couples across the state.

From WRAL:

Chief U.S. District Court Judge William Osteen Jr. issued an order granting requests by House Speaker Thom Tillis and Senate leader Phil Berger seeking to intervene in the cases. Osteen’s order follows a separate ruling Friday by U.S. District Court Judge Max O. Cogburn Jr. declaring the ban unconstitutional, triggering a rush of joyful same-sex couples getting legally married.

Osteen agreed with Cogburn that a July ruling by the 4th U.S. Circuit Court of Appeals in Virginia required that North Carolina’s ban must be struck down. However, he differed on whether the Republican leaders should be allowed to enter the cases. The state’s Democratic attorney general has concluded any further defense of the prohibition would be futile.

“In reaching this conclusion, this court is not expressing an opinion on the relative merits or demerits of any appeal, only that there is an appeal right that a party with arguable standing and interest has sought to preserve,” wrote Osteen, who was appointed to the bench by President George W. Bush.

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Tony Perkins Gets Trounced On Anti-Gay Lies On Fox News Sunday

In a delicious bit of TV watching, anti-gay Tony Perkins appeared on Fox News this past Sunday in what I’m sure he thought would be a friendly environment to pawn his false claims against marriage equality.

However, Ted Olson (conservative lawyer who has argued and won at the Supreme Court for gay marriage rights) was there to address many of Perkins untruths.

One of the lies Perkins tried to peddle was the anti-gay favorite – “Well, we know from the social science that children do best with a mom and a dad,” Perkins said. “If love is the factor, what boundaries are there?”

The Pulitzer-Prize winning PolitiFact has already addressed this lie calling it FALSE.

Meanwhile, Olson put forward facts. You know, those pesky things.

Watch below as even Fox News host Chris Wallace tries to get Perkins to say something based on anything factual.

(via Raw Story)

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Nevada Haters Ask For Do-Over Because Ninth Circuit Court Stacked The Deck

As Nevadan gays and lesbians enjoy the freedom to marry across the state after last week’s unanimous ruling by the 9th Circuit Court of Appeals in favor of same-sex marriage, the lawyer that represented the anti-gay Coalition for the Protection of Marriage has talked the group out of a bit more money with the idea of asking for a rehearing in the 9th Circuit en banc because, allegedly, the 9th Circuit stacked the deck in the gays favor.

Take note –  this is how to lose a case before you start.

Monte Stewart, lawyer for the Coalition, says that a full panel of judges should rehear the case due to the “high likelihood that the number of Judges [Stephen] Reinhardt and [Marsha] Berzon’s assignments to the Relevant Cases, including this and the Hawaii and Idaho marriage cases (which we treat as one for these purposes), did not result from a neutral judge-assignment process.”

Stewart says his claim is backed up by the result of “Careful statistical analysis” by Dr. James H. Matis.

From Chris Geidner at Buzzfeed:

Stewart went further, writing, “The appearance of unfairness is not a close question here. Even without the aid of professional statisticians, a reasonable person will immediately sense that something is amiss when one judge out of more than thirty is assigned over a four and one-half year period to five of this Circuit’s eleven cases involving the federal constitutional rights of gay men and lesbians, another to four of those cases, and both of them to the momentous ‘gay marriage’ cases.”

In an affidavit filed and signed by Stewart with the filing, he noted the legal team’s decision to obtain the analysis from Matis and contains Stewart’s personal conclusion that the panel of judges that heard the Nevada marriage case was one of the most favorable possible panels for the same-sex couple plaintiffs and “among the least favorable” for “the man-woman marriage side.” He then added that “such preferences and conclusions are known and understood by all at the Ninth Circuit involved with the judge-assignment process.”

Because of this claimed “appearance of unfairness,” Stewart argued in the request that an en banc rehearing is needed in order “to vindicate the values and integrity of [the appeals court’s] own judge-assignment process.”

What is important here, according to Stewart, is the “vivid appearance of unfairness.” See, he’s really concerned for the folks at the Ninth. What a guy.

Not a winning hand to play, if you ask me.

By the way, I’m not even sure if it was established that the anti-gay “Coalition” even had standing to argue against gay rights in the first place.

You can read the full brief here.

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Idaho: Ninth Circuit Lifts Stay Of Same-Sex Marriage Ruling

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NOM’s Brian Brown: Conservatives Will Lose Elections If They Don’t Hate On Gay Marriage More

In a recent post on the National Organization for Marriage’s blog, Brian Brown praises former Arkansas Gov. Mike Huckabee for threatening to leave the Republican Party if more conservatives don’t stand against equal rights for gays:

“Governor Huckabee is exactly right and is speaking for millions of Americans who are sick of Republican elitists remaining silent and refusing to fight for the survival of marriage, the principal building block of society and the foundation of civilization.

“Republicans who remain silent on marriage do so at their own peril and risk losing elections across the country. If conservatives see Republican candidates fail to lead on marriage — or worse, come out in favor of redefining marriage — then conservatives will abandon those candidates.

“We are grateful for those leaders who have spoken out to condemn the Supreme Court for their unprincipled and outrageous decision to allow the redefinition of marriage to occur in these states.

“We are prepared to work tirelessly to support them and others who lead in the fight to preserve marriage. But Governor Huckabee is right. If more Republican leaders do not speak up and join the fight, then millions of conservatives will abandon them and join with officials who will fight.

“Marriage is on the line in our country, and it’s time for people to get off the bench and into the battle.”

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Yo! Yo! Yo! Idaho Has Marriage Equality In The House

From the National Center for Lesbian Rights:

Today, the Supreme Court of the United States rejected a request by State of Idaho officials to put on hold the federal appeals court decision that struck down as unconstitutional Idaho’s laws prohibiting marriage by same-sex couples.

The Supreme Court’s decision allows the United States Court of Appeals for the Ninth Circuit to enter an order allowing its October 7th decision in the Idaho case to go into effect. Upon entry of such an order by the Ninth Circuit, the State of Idaho would be required to issue marriage licenses to same-sex couples immediately.

On October 7th, the Ninth Circuit ruled 3-0 that Idaho’s ban on the freedom to marry for same-sex couples violates the U.S. Constitution’s guarantee of equal protection. Later that day, the Ninth Circuit ordered that its decision take effect immediately, which would have required Idaho to begin issuing marriage licenses the following morning.

On October 8th, United States Supreme Court Justice Anthony Kennedy temporarily stayed the Ninth Circuit’s decision in response to a request by State of Idaho officials to keep that decision from taking effect while the state officials either ask for further review of the case by a larger panel of Ninth Circuit judges or ask the Supreme Court to review the case.

Today’s decision by the Supreme Court rejected that request and cleared the way for the Ninth Circuit to enter an order allowing its decision to take effect.

(h/t JMG)

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West Virginia Drops Opposition To Same-Sex Marriage

In light of the recent decisions by SCOTUS and the 4th Circuit Court, West Virginia Attorney General Patrick Morrisey has announced that he will no longer defend his state’s constitutional ban on same-sex marriage.

Gov. Earl Ray has ordered the issuing of marriage licenses.

Morrisey’s office indicates the attorney general disagrees with the Supreme Court decision, but respects that it sets legal precedent for West Virginia.

“While we disagree and believe it improperly displaces state and local decision-making, we will respect it,” he said in the prepared release.

“It is my duty to defend state laws that have been passed by the state Legislature and are consistent with the Constitution. We have discharged this duty faithfully.”

There were no immediate details released regarding when marriage licenses will be issued to same-sex couples, although Gov. Earl Ray Tomblin issued a press release indicating he has directed state agencies to comply.

“Recent rulings make it clear that laws banning same-sex marriage have been declared unconstitutional,” Tomblin said in a prepared release.

“Our state is known for its kindness and hospitality to residents and visitors alike. I encourage all West Virginians—regardless of their personal beliefs—to uphold our statewide tradition of treating one another with dignity and respect.”

(via JMG)

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Brian Brown Begs For Money As Haters See Marriage Equality Win The Day

National Organization for Marriage’s Brian Brown sent this missive out yesterday begging for money to continue the more and more ill-fated hate campaign against equal rights for gays and lesbians to marry.

“This is not democracy: it is judicial tyranny. We need to act—now!

Please take a moment immediately to contact Congress and demand support for an amendment to the Constitution of the United States that will preserve and protect marriage as the union of one man and one woman!

Legislative efforts to amend our Constitution to protect marriage are already underway. In the House, this initiative is being led by Representative Tim Huelskamp of Kansas. In the Senate, it is being spearheaded by Senator Ted Cruz of Texas.

Marriage Supporter, I’ll say it plainly: marriage is on the ropes, and our principles of government are taking a beating as well. That’s why I need you to ACT NOW and DEMAND action from Congress to put a halt to the legal chaos that has been thrust upon us by the radical same-sex ‘marriage’ movement.”

Note the urgency in his tone as his cushy paycheck promoting second-class rights for gays is quickly slipping away.

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Stephen Colbert: “The Gay Civil War”

In light of the recent SCOTUS decision not to review anti-gay marriage bans, Stephen Colbert has seen the future.

He sees GOP Speaker of the House John Boehner campaigning for gay Republican candidate Carl DeMaio; a majority of Americans living in marriage equality states, and anti-gay groups like NOM fighting the clear future.

And as such, here he shares with us, “The Gay Civil War.”