It’s South Dakota’s turn: Same-sex marriage ban challenge filed

Six couples have filed a lawsuit challenging the current same-sex marriage ban in South Dakota:

Nancy and Jennie Rosenbrahn of Rapid City are among the couples who filed the lawsuit in the U.S. District Court in Sioux Falls Thursday. The two married in Minnesota in April.

“I think what matters is that we’re all sending a message to either the Supreme Court or the legislators in Washington, D.C., that this has got to stop,” Nancy Rosenbrahn said Wednesday, reports the Associated Press.

The South Dakota legislature passed a law barring gay and lesbian couples from marrying in 1996, and voters across the state approved a constitutional amendment to that effect in 2006. The state attorney general, Marty Jackley, said it is his responsibility to defend the law, according to the Sioux Falls Argus Leader.

“If there is going to be a change, then that change should come from the voters of South Dakota at the ballot box,” he said.

North Dakota is now the only state in the US which outlaws same-sex marriage with no legal challenge.

Utah Gov. Herbert takes a shot at Pennsylania governor for not appealing same-sex marriage ruling

Perhaps feeling some pressure and wanting to assure his conservative constituents, Utah Gov. Gary Herbert took a veiled shot at Pennsylvania and Oregon’s governors for not appealing those states marriage equality rulings:

Herbert made the comments Thursday during his monthly televised news conference on KUED. The Republican governor said he’s dismayed by the suggestion that Utah should drop its defense of the 2004 voter-approved ban because public opinion and social mores are shifting.

He said seeing Oregon and Pennsylvania leaders this week decide not to appeal rulings from federal judges striking down bans there does nothing to change his thinking. He said those leaders should be “called on the carpet” for their decision.

“For elected officials, governors or attorney generals, to pick and choose what laws (they) will enforce I think is a tragedy, and is the next step to anarchy,” Herbert said. “We have an obligation as a state to defend those laws.”

Herbert, who I’m guessing is heterosexual, also had to trot out the “choice” claim on homosexuality: “What you choose to do with your sexual orientation is different in my mind than what you’re born with as far as your race. What your attraction may be is something else, but how you act upon those impulses is a choice.”

I love when straight men become experts on homosexuality and how the wires in LGBT brains work.

Pennsylvania will NOT appeal marriage equality ruling

Pennsylvania Gov. Tom Corbett

Pennsylvania Gov. Tom Corbett issued this statement today on his website:

“I have thoroughly reviewed Judge Jones’ opinion in the Whitewood case. Given the high legal threshold set forth by Judge Jones in this case, the case is extremely unlikely to succeed on appeal. Therefore, after review of the opinion and on the advice of my Commonwealth legal team, I have decided not to appeal Judge Jones’ decision.

As a Roman Catholic, the traditional teaching of my faith has not w​​avered. I continue to maintain the belief that marriage is between one man and one woman. My duties as Governor require that I follow the laws as interpreted by the Courts and make a judgment as to the likelihood of a successful appeal.

“Throughout the debate on this important and meaningful issue, I have maintained that Commonwealth officials and agencies would follow the provisions of Pennsylvania’s marriage law unless or until a court says otherwise. The court has spoken, and I will ensure that my administration follows the provisions of Judge Jones’ order with respect for all parties.

It is my hope that as the important issue of same-sex relationships continues to be addressed in our society, that all involved be treated with respect.”

Pennsylvania state Rep. Brian Sims talks marriage equality on HARDBALL

Chris Matthews of MSNBC’s Hardball reported on yesterday’s ruling in Pennsylvania and the large number of gay marriage bans being overturned across the country. NBC’s Justice correspondent Pete Williams talks with Matthews about when a case might reach the Supreme Court.

Matthews was then joined by Prop. 8 attorney Ted Boutros and gay Pennsylvania state Rep. Brian Sims to continue the discussion.

Judge who overturned marriage ban in Pennsylvania was recommended by Rick Santorum

Joe Jervis of JoeMyGod points out the delicious irony in the 2002 press release below from then Sen. Rick Santorum – premier advocate for anti-gay animus.

Santorum personally recommended then Attorney John Jones for the judgeship he now holds in Pennsylvania after being nominated by President Bush.

That would be the same Judge John Jones who overturned Pennsylvania’s same-sex marriage ban today 🙂

“Attorneys Jones and Conner are highly qualified to assume the important role of Judge and the duty of protecting the Constitution and ensuring the effective operation of our judicial system.

“Since the onset of the war against terrorism, our federal judiciary has taken on an even higher level of importance, and it is imperative that we provide our courts with the resources necessary to enforce the rule of law.

“These judgeships are vital to our national security goals, and I urge my colleagues to work with the President to fill these vacancies in a timely manner.”

Utah judge orders state to recognize same-sex couples who legally wed

According to a press release from the ACLU, a federal judge has ruled Utah must recognize the legal marriages of those same-sex couples who married after the same-sex marriage ban was struck down:

A federal judge ordered the state today to recognize the marriages of same-sex couples who were legally married in Utah after a federal court struck down a state ban, but before the U.S. Supreme Court temporarily halted additional marriages from taking place. Over 1,000 same-sex couples married in Utah during that time period. The couples are represented by American Civil Liberties Union, the ACLU of Utah, and Strindberg & Scholnick, LLC, who sought the preliminary injunction for the marriages to be recognized while their lawsuit continues.

“Our clients, like over 1,000 other same-sex couples, were legally married and those marriages cannot now be taken away from them,” said John Mejia, legal director of the ACLU of Utah. “While we await a permanent decision, we are relieved that our clients will receive the full recognition they deserve as lawfully married couples.”

Today’s preliminary injunction is not a permanent order, but it reflects the court’s determination that the plaintiffs’ are likely to prevail on their legal claims and would suffer irreparable harm if their marriages were stripped of recognition. Today’s order was given a 21-day stay to allow the state to respond.

Marriage News Watch – May 19, 2014

• Marriage equality comes to Oregon as the National Organization for Marriage screws up again.

• Judges in Idaho and Arkansas rule that marriage bans violate the US Constitution.

• Following another round of hearings, rulings are due any day now in Virginia and Pennsylvania.

• And a new lawsuit in Alaska leaves just three states with an unchallenged marriage ban.

NOM requests and is immediately DENIED stay in Oregon marriage equality ruling

Before the ruling is even handed down, the National Organization for Marriage filed an emergency request for stay in the Ninth Circuit Court of Appeals.

Before you could even blink, the Ninth Circuit refused the stay with a one sentence decision.  See below.

“And stay out!!!”

Poll: Very strong support for marriage equality for those under 50

A new Politico poll conducted in the most competitive House and Senate districts shows strong support for marriage equality among those under 50.

Of those people between the ages of 18-34, support stands at a rocking 61 percent.

Slightly more than half of those between ages 35 and 49 support gay marriage.

The figure drops to 48 percent among those aged 50-64. Overall, 52 percent of those surveyed oppose gay marriage.

It should be noted that the poll consisted of slightly more self-identified Republicans (39%) than Democrats (34%), and 65% of those polled considered themselves “very religious.”

Read more at Politico.