Tag: marriage equality

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Federal judge rules Kentucky same-sex marriage ban unconstitutional

Federal judge rules Kentucky's ban on same-sex marriage is unconstitutional

U.S. District Court Judge John G. Heyburn II ruled today that the state of Kentucky must allow same-sex marriage.

Via Chris Geidner at Buzzfeed:

“The ability to marry in one’s state is arguably much more meaningful, to those on both sides of the debate, than the recognition of a marriage performed in another jurisdiction,” U.S. District Court Judge John G. Heyburn II wrote. “But it is for that very reason that the Court is all the more confident in its ruling today.”

He ruled that “to the extent Ky. Rev. Stat. §§ 402.005 and .020(1)(d) and Section 233A of the Kentucky Constitution deny same-sex couples the right to marry in Kentucky, they violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable.”

This is the 23rd consecutive ruling in favor of marriage equality since last summer’s decision by the US Supreme Court which gutted the anti-gay Defense of Marriage Act.

The judge did issue a stay on the ruling pending the upcoming appeal.  So, no same-sex marriages for now.

Back in February, the same judge ruled that same-sex marriages performed in other states had to be recognized by the state. The Governor of Kentucky, Steve Beshear, has already filed an appeal with the 6th Circuit Court of Appeals, and will see oral arguments for that case sometime in August.

Freedom to Marry founder and president Evan Wolfson issued this statement:

Today a Republican-appointed federal judge in Kentucky held – as have more than 20 other judges and as did the U.S. Supreme Court last year – that discriminatory state marriage bans are unconstitutional. It is wrong for the government to deny same-sex couples the freedom to marry the person they love; a freedom that is part of every American’s liberty and pursuit of happiness. Today’s ruling in Kentucky underscores that America — all of America — is ready for the freedom to marry, and the Supreme Court should bring the country to national resolution as soon as possible.”

(via Buzzfeed)

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Nevada gets Ninth Circuit Appeals Court date for marriage equality

Mark your calendars – September 8th is the date that the Ninth Circuit Court of Appeals will hear 20 minutes of oral arguments in the case of Beverly Sevcik v. Brian Sandoval.

Eight couples sued the state of Nevada over it’s constitutional ban on same-sex marriage in 2012. That judge upheld the law sending the case to appeals.

What has changed since 2012, you might ask? In February of this year, the Nevada Attorney General dropped opposition to the lawsuit saying due to recent rulings the law was “indefensible.” With the state’s governor and AG stepping aside from a case they say is unwinnable, only the Coalition for the Protection of Marriage is left to argue it alone.

Currently, same-sex couples can marry in 19 states and the District of Columbia.

(source)

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The state of marriage equality in the US by population

Currently, 19 states and Washington D.C. currently allow same-sex marriage licenses, which means 43.6% of Americans live in a state with marriage equality.

9 states have had their bans overruled, but a judge issued a stay while the decision is contested.  Those states represent 21.5% of the US population.

22 states have a same-sex marriage ban currently being contested in court. Those states represent 34.9% of the nation.  There are no states whose same-sex marriage ban is going unchallenged.

Those who married since Wednesday’s ruling striking down the state’s gay marriage ban are in limbo.

(via Chicago Sun-Times)

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7th Circuit Court of Appeals grants stay, halts same-sex marriage

From the IndyChannel:

The 7th Circuit Court of Appeals granted a motion by Indiana’s attorney general to stay an earlier ruling overturning the state’s same-sex marriage ban, effectively halting the issuance of same-sex marriage licenses in the state.

The court issued the stay just after 6 p.m. Friday following an emergency motion filed that afternoon by Indiana Attorney General Greg Zoeller.

In the motion, Zoeller says a stay is needed to “stem the long-term negative impact that may be created by hundreds, if not thousands, of same-sex marriages that ultimately may prove to have no basis in law.”

I love how Zoeller says “ultimately may prove to have no basis in law.” Wishful thinking on his uber-conservative part.   It’s clear where this is all headed.

Marion County alone issued 586 marriage licenses in the past two days; the majority of those to same-sex couples.

From Hoosiers Unite for Marriage:

“We are extremely disappointed that the court has issued this stay, and we are committed to protecting the freedom to marry in Indiana,” the statement read. “More than anything, this is a terrible blow to the legally wedded Indiana couples and their families who were finally — after so long — recognized this week under Indiana law.”

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One year ago today: SCOTUS strikes down anti-gay Defense of Marriage Act

Edie Windsor emerging victorious on the steps of the US Supreme Court

One year ago today, Windsor v. United States became one of the most important court cases for the lesbian, gay, bisexual, transgender and queer (LGBTQ) community.

Since then, every single one of the 13 court cases striking down same-sex marriage bans has used the Windsor decision at the core of their legal decision.

From Evan Wolfson at Freedom To Marry:

One year ago today — with smiles of joy and happy tears — we cheered as the Supreme Court announced its ruling to gut DOMA.

Our movement made history that day. And now tens of thousands of same-sex couples have their marriages respected by the federal government.

That landmark decision kicked off a momentous year, with 22 pro-marriage court decisions, including yesterday’s freedom to marry rulings in Indiana and the 10th Circuit federal appellate court. In just 12 months, we’ve grown public support to historic levels and won the freedom to marry in six more states.

Watch below as Edie Windsor talks with Marriage Equality USA about the historic ruling:

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First same-sex couple marries in Indiana

Craig Bowen and Jake Miller marry in Indianapolis

Upon issuance of Judge Richard Young’s ruling that banning same-sex marriage in Indiana was unconstitutional, couples began getting immediately as there was no stay on the ruling.

From the Indianapolis Star:

Marion County Clerk Beth White said she is prepared to issue marriage licenses to same-sex couples in her office at the City-County Building in Downtown Indianapolis.

“Chief Judge Richard Young’s decision on marriage equality sets forth a clear course of action for this office to follow regarding same-sex marriage licenses. It is my responsibility to uphold court rulings that impact this office and that is what I will do,” White said in a release.

Craig Bowen and Jake Miller were the first couple to get their marriage license in Indianapolis.