Nevada: Same-Sex Marriage To Begin At 2PM Today

My state! My state! My state!

Per Jon Ralston of the Ralston Report, in light of yesterday’s ruling by the 9th Circuit Court same-sex marriage Clark County Clerk Diana Alba will begin issuing marriage licenses to same-sex couples today at 2pm.

There is one waiting period in Nevada.

On the other side of the 9th Circuit ruling, Idaho Gov. Butch Otter has requested and received a stay on the same-sex marriage ruling for his state as he prepares for appeal by asking for a review en banc, or a review by the entire 9th Circuit Court.

Supreme Court Justice Kennedy (who oversees requests from the 9th Circuit) agreed to the stay with minutes to spare as Ada County Clerk Chris Rich was planning to begin issuing licenses this morning at 8AM.

UPDATE: It appears Idaho’s request for stay also affects Nevada since the two cases were heard in tandem. So Justice Kennedy’s stay puts same-sex marriage in Nevada on hold for now. Boo!

From Chris Geidner at Buzzfeed:

Although the application seeking the stay only came from Idaho officials, Kennedy’s order issuing a stay includes the 9th Circuit case numbers of both the Idaho and Nevada cases. From the language of Kennedy’s order, then, the rulings as to both Idaho and Nevada are on hold for now.

It was not immediately clear why Kennedy’s order referenced the Nevada case number, although a Tuesday decision from the 9th Circuit might be why. On Tuesday, in a brief order issued just prior to the release of its decision striking down both states’ bans, the 9th Circuit stated, “These cases are consolidated for purposes of disposition.” As such, all of the orders — including the mandate — issued in the two states’ cases were handled in a single order each time on Tuesday, meaning there was only one mandate issued as to both states’ cases.

Ninth Circuit Ruling: Lessons of Our Constitutional History

From today’s ruling from the 9th Circuit Court of Appeals on the unconstitutionality of Idaho and Nevada’s same-sex marriage bans.

I think this sums up a lot of truth:

“The lessons of our constitutional history are clear: inclusion strengthens, rather than weakens, our most important institutions.

“When we integrated our schools, education improved.

“When we opened our juries to women, our democracy became more vital.

“When we allowed lesbian and gay soldiers to serve openly in uniform, it enhanced unit cohesion.

“When same-sex couples are married, just as when opposite-sex couples are married, they serve as models of loving commitment to all.”

HUGE NEWS! 9th Circuit Court of Appeals Rules Nevada & Idaho Marriage Bans Unconstitutional

Via press release from the National Center for Lesbian Rights:

Today’s decision, written by Judge Stephen Reinhardt, holds that “Idaho and Nevada’s marriage laws, by preventing same-sex couples from marrying and refusing to recognize same-sex marriages celebrated elsewhere, impose profound legal, financial, social and psychic harms on numerous citizens of those states.”

The decision further states: “Classifying some families, and especially their children, as of lesser value should be repugnant to all those in this nation who profess to believe in ‘family values.’ In any event, Idaho and Nevada’s asserted preference for opposite-sex parents does not, under heightened scrutiny, come close to justifying unequal treatment on the basis of sexual orientation.”

The Idaho case was brought in November 2013 by four same-sex couples: Sue Latta and Traci Ehlers, Lori and Sharene Watsen, Shelia Robertson and Andrea Altmayer, and Amber Beierle and Rachael Robertson. The couples are represented by Idaho attorneys Deborah Ferguson and Craig Durham of Ferguson Durham LLP and the National Center for Lesbian Rights (NCLR). On September 8th, Ferguson argued before Ninth Circuit Judges Stephen Reinhardt, Marsha S. Berzon, and Ronald M. Gould that Idaho’s laws that ban marriage equality and prohibit the state from respecting the marriages of same-sex couples who married in other states violate the U.S. Constitution. The Idaho case was consolidated for purposes of the decision with Sevcik v. Sandoval, a case challenging Nevada’s marriage ban brought by same-sex couples represented by Lambda Legal.

Wisconsin: Gov. Scott Walker Reacts As State Begins Issuing Same-Sex Marriage Licenses

WBAY reports that two counties – Dane and Outgamie – have begun issuing marriage licenses to same-sex couples.

Three others – Brown County, Calumet County and Fond du Lac – say they are waiting for more guidance from the Wisconsin Attorney General’s Office.”

The Wisconsin Attorney General’s Office released this statement:

“Today’s action by the U.S. Supreme Court allows Judge Crabb’s order to take effect. The Department, having made every effort to fulfill its duty to defend the state constitution, will now work with its state agency clients to implement the order.”

A spokesperson for Gov. Scott Walker released this statement:

“Our office is working with the Department of Justice to evaluate the impact of the Supreme Court’s decision and determine next steps for the state.”

And the haters at Wisconsin Family Action are already up in arms. Juliane Appling issued this statement:

“The high court’s denial of our Wisconsin case and these other cases is profoundly disappointing. However, at some point the US Supreme Court will take a case on this issue. Wisconsin’s marriage amendment is on hold, but should the Court ultimately rule that the US Constitution does give the states the right to determine for themselves what marriage is, our amendment will be reinstated.”

US Supreme Court Denies Review Of All Seven Same-Sex Marriage Cases

USA Today has the big news!

The Supreme Court refused to get involved in the national debate over same-sex marriage Monday, leaving intact lower court rulings that will legalize the practice in 11 additional states. The unexpected decision by the justices, announced without further explanation, immediately affects five states in which federal appeals courts had struck down bans against gay marriage: Virginia, Indiana, Wisconsin, Oklahoma and Utah.

It also will bring along six other states located in the judicial circuits overseen by those appellate courts: North Carolina, South Carolina, West Virginia, Colorado, Kansas and Wyoming. The action will bring to 30 the number of states where gays and lesbians can marry. Appeals courts in Cincinnati and San Francisco are considering cases that could expand that number further, presuming the Supreme Court remains outside the legal fray.

Freedom To Marry tweets the happy news:

Arguments have been heard on marriage cases in the 6th Circuit and 9th Circuit courts of appeals, and decisions could come at any time.

Denmark: 25 Years Ago Today

Eigel Axgil and Axel Axgil became the first couple in the world to enter into a same-sex civil union.
Photo – Francis Joseph Dean

On this day, October 1st, in 1989, the very first same-sex civil union took place in Denmark.

The legal name was “registered partnership.”

Sounds loving, doesn’t it? But it was the first step in a long journey.

At the time, Eigil Axgil said, “Be open, come out, keep fighting. This is the only way to move anything. If everyone comes out of the closet, then this will happen everywhere.”

Check out this site with lots of pics.

(h/t JMG)

Marriage News Watch: September 29, 2014

From the American Foundation for Equal Rights: This is the week when the Supreme Court meets to decide whether to take a marriage case.

After meeting in conference on Monday, the Justices will announce their decision next week, on October 6th.

Currently, cases from Virginia, Indiana, Wyoming, Utah and Oklahoma are ready for consideration. The court could take one case, or several, or none at all.

Louisiana: State Judge Rules Ban on Same-Sex Marriage Unconstitutional

According to KLFY News in Layfayette, Louisiana, a state judge has ruled in favor of marriage equality saying the state’s current ban on same-sex marriage is unconstitutional on the basis that the law violates due process clause of 14th amendment, equal protection clause of 14th amendment, and the full faith and credit clause of the constitution.

From Freedom To Marry:

The case, In Re Costanza and Brewer, was filed in 2013 on behalf of Angela Marie Costanza and Chastity Shanelle Brewer, who are raising their 10-year-old son in Lafayette. The case sought respect for Angela and Chastity’s marriage license; since Louisiana did not respect their marriage, one mother was not permitted to legally adopt her son.

The ruling today grants the second-parent adoption and affirms that the Louisiana amendment violates the due process and equal protection clauses of the 14th Amendment.

The ruling today comes just three weeks after U.S. District Judge Martin Feldman became the first federal judge since June 2013 to uphold marriage discrimination, when he ruled in Robicheaux v. Caldwell in favor of marriage discrimination in Louisiana. Judge Rubin’s order today is a swift rebuttal of the out-of-step decision in Robicheaux and is another demonstration that America – all of America – is ready for the freedom to marry.

This marks the 40th ruling in support of marriage equality since the SCOTUS ruling in Windsor in June of 2013.

Of course, you can expect today’s ruling to be appealed.