Tag: marriage equality

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Virginia: Marriage equality heads to the Fourth Circuit Court of Appeals today

Today, in a historic milestone for the marriage equality movement, the United States Court of Appeals for the Fourth Circuit will hear oral argument for the first time on the constitutionality of whether gay and lesbian couples have the right to marry.

The United States District Court for the Eastern District of Virginia ruled in February in Bostic v. Schaefer that laws prohibiting gay and lesbian couples from marrying the in state are unconstitutional as they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution.

The case will be heard by a three-judge panel including: Judge Henry F. Floyd, appointed by President Barack Obama, Judge Roger L. Gregory, first appointed in recess by President Bill Clinton then renominated by President George W. Bush, and Judge Paul V. Niemeyer, appointed by George H.W. Bush.

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Arkansas state Supreme Court responds to request to overturn same-sex marriage ruling

The current Arkansas state Supreme Court justices

At least four counties in Arkansas are currently issuing marriage licenses to same-sex couples based on Judge Chris Piazza’s ruling late Friday afternoon.

Attorney General Dustin McDaniel has requested the state supreme court overturn Judge Chris Piazza’s ruling, and the supreme court has responded by giving plaintiffs until noon Tuesday to respond.

The Supreme Court sent this notice to attorneys:

The Supreme Court requests responses to the State Defendants-Appellants’ petition for emergency stay by noon tomorrow, May 13, 2014. A copy of the petition and partial record are attached for your convenience.

Once the response is filed, it’s not clear how quickly a ruling could come. The state supreme court normally issues opinions on Thursdays, but in extraordinary cases sometimes issues them immediately.

Some counties are not issuing marriage licenses to same-sex couples citing the fact that only six counties were listed as defendants in the original lawsuit. One county that is a defendant — Lonoke — has announced it will not issue licenses until definitive direction from the state government.

At this time, over 100 same-sex couples have been married in Arkansas.

Meanwhile, as the marriages continue across the state, lots of pictures of shiny, happy couples sharing their happiness over their long-awaited nuptials.

Here’s Arkansas native son and Human Rights Campaign president Chad Griffin with one happy couple in Little Rock.

And here’s one couple who traveled from Carroll County to Washington County to get married:

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Marriage News Watch – May 12, 2014

• AFER heads back to court this week to protect its latest marriage equality win.

• Kentucky’s Attorney General is running to become the state’s first pro-equality Governor.

• Oregon surveys look encouraging, but voters could still pass a turn-away-the-gays discrimination bill.

• A new public education campaign in puts LGBT family members front and center in Oklahoma.

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Oregon: Supporters of “Religious Freedom” ballot initiative suspend campaign

The anti-gay Oregon Family Council along with Friends of Religious Freedom have announced they will not be moving forward with IP 52 – the proposed ballot measure that would allow businesses in the state to turn away LGBT people as an “exercise of religion.”

The AP reports:

The campaign sought to portray the issue as one that frees business owners from having to violate their religious beliefs by abiding by Oregon law.

“But the certified ballot title does not acceptably state this,” Friends of Religious Freedom said in the release issued late Friday afternoon. “Indeed, it states it as intolerant instead of protecting equal rights of conscience.”

The ballot language approved said a “Yes” vote “creates ‘religious belief’ exceptions to anti-discrimination laws,” language the measure’s supporters said unfairly prejudiced voters against them.

The anti-gay proponents original text read as follows:

“This 2014 Initiative shall be known as the Protect Religious Freedom Initiative and is intended to exempt a person from supporting same-sex ceremonies in violation of deeply held religious beliefs.”

(source)

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Kentucky Attorney General Jack Conway announces run for governor

Kentucky Attorney General Jack Conway, who announced in March he would not defend his state’s gay marriage ban in an appeal of a federal court’s ruling, has announced he will run for office of governor in 2015.

In an interview with the AP, Conway said he isn’t concerned that his pro-equality stance may hurt his chances in the conservative state. As public opinion continues to shift in favor of gay marriage, Conway said Kentucky voters will tire of rehashing the debate come November 2015.

“I think in the fall of 2015 that will not be the big issue,” he said. “I think the voters will be more interested in building Kentucky’s future than in reliving all of that.”

Conway’s refusal to defend the ban led to Democratic Gov. Steve Beshear hiring private attorneys to appeal the gay marriage ruling.

And speaking of those private attorneys…

A brief filed by the attorneys for Gov. Beshear contends that the state has a legitimate interest in preserving “man-woman” marriage, because only that union can result in procreation. And procreation, the state argues, is essential to maintaining a stable birth rate; if that declined, the state would be placed in economic peril.

The “procreation” argument was directly addressed in the February ruling from a district judge that found Kentucky’s existing marriage laws unconstitutional.

“Kentucky does not require proof of procreative ability to have an out-of-state marriage recognized,” wrote U.S. District Judge John G. Heyburn in his February ruling, which this latest brief looks to appeal. “The exclusion of same-sex couples on procreation grounds makes just as little sense as excluding post-menopausal [heterosexual] couples or infertile couples on procreation grounds.”

(source)

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Arkansas: First same-sex marriage license in the South

The first same-sex marriage license has been issued in Arkansas! Celebrate!

Judge Chris Piazza struck down the 2004 ban late Friday afternoon and did not issue a stay, so local clerks can decide whether to grant licenses.

Carroll County Deputy Clerk Jane Osborn issued a license Saturday morning to Kristin Seaton and Jennifer Rambo of Fort Smith.  The couple were married immediately outside the offices.

Most county clerks offices are closed on Saturdays, but Carroll County is the rare exception.

The Arkansas Attorney General has issued a statement saying he supports marriage equality but will continue to defend the ban as his obligation.  The AG has asked Piazza to temporarily delay allowing marriages pending an appeal to the state Supreme Court.

County Clerk in Eureka Springs Arkansas issues the first same-sex marriage license in the South

The license!

The first same-sex couple married in the SOUTH! Congratulations!

(all photos via Lord Grav Instagram)

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Arkansas: Hopeful same-sex couples wait in Eureka Springs to marry

The Carroll County Clerk is refusing to issue marriage licenses this morning to same-sex couples, even though Circuit Court Judge Chris Piazza ruled yesterday that Arkansas’ ban violated both the U.S. and Arkansas Constitutions.

The clerk has told the crowd that she “has not been given permission” to issue the licenses.

The Carroll County Clerk’s office in Eureka Springs, Arkansas, which The Advocate has called the “Gayest small town in America” has regular Saturday hours, and in the wake of the judge’s order, which has not yet been stayed, same-sex couples have lined up expecting to be issued marriage licenses. Clergy have gathered in an adjacent park ready to marry couples on the spot.

Lawyers are now in conference with the clerk, and the crowds have not disbursed.

Apparently, lawyers are now speaking with the clerk as the crowd waits.

(from The New Civil Rights Movement)

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Arkansas: Federal judge rules state ban on marriage equality is unconstitutional – does NOT issue stay on ruling

Today, a federal judge in Arkansas declared the state’s ban on marriage equality to be unconstitutional.

On top of that, the judge did NOT issue a stay on the ruling.  Although country clerks offices were closed by the time of the ruling, expect a flood of applicants first thing Monday morning.

From the Arkansas Times:

Circuit Judge Chris Piazza today invalidated the Arkansas ban on same-sex marriage and recognition of marriages legally entered by same-sex couples in other states.

An appeal is expected.

The judge did not stay his ruling, though the state probably can be expected to request a stay.

Pulaski County Clerk Larry Crane said he’d be ready with software to issue gender-netural marriage licenses Monday morning.

The lawsuit challenged both the state constitution and statutory bans. Piazza’s 13-page ruling struck down both statute and constitutional ban. He noted that tradition wasn’t sufficient to continue a bar to interracial marriage.

Arkansas Attorney General Dustin McDaniel issued this statement after the ruling: “We respect the Court’s decision, but, in keeping with the Attorney General’s obligation to defend the state constitution, we will appeal. We will request that Judge Piazza issue a stay of his ruling so as not to create confusion or uncertainty about the law while the Supreme Court considers the matter.”

AG McDaniel has expressed his support of marriage equality recently, but has said he will defend the law as he sees it to be his obligation.

One very important part of the judge’s opinion comes in the final paragraph of the ruling:

“It has been over forty years since Mildred Loving was given the right to marry the person of her choice. The hatred and fears have long since vanished and she and her husband lived full lives together; so it will be for the same-sex couples.

“It is time to let that beacon of freedom shine brighter on all our brothers and sisters. We will be stronger for it.”

Bolding mine 🙂

Celebrate kids! Happy Dance Time!

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Indiana appeals ruling which would recognize terminally ill couple’s out-of-state marriage

ABC News is reporting that the state of Indiana is appealing U.S. District Judge Richard Young’s ruling which said the state must recognize the out-of-state marriage of a lesbian couple. 

The state of Indiana says that “the ruling could raise false hopes for other same-sex couples.”

Young issued a preliminary injunction Thursday extending last month’s temporary restraining order forcing the state to list Amy Sandler as the spouse of Niki Quasney on a death certificate after Quasney dies of cancer.

Young did not rule on whether Indiana’s gay marriage ban is unconstitutional. That ruling is expected to come later.

The Indiana attorney general’s office said in court documents that recognition of the couple’s marriage now could raise false hopes for others because courts might eventually uphold the state’s gay marriage ban.

“The traditional definition of marriage has been around for a long time. Its validity is hotly contested, but the outcome of these legal disputes is uncertain,” the state said in its request for a stay.

Young’s order “cannot conclusively resolve the legality of same-sex marriages,” the state said, and added that the best course of action would to be to wait for a final decision.

Quasney and Sandler were among five couples challenging the ban with help from the national gay rights group Lambda Legal. Lambda Legal did not return messages from The Associated Press seeking comment Friday.

The couple, who have two young daughters, had argued that lack of recognition would endanger Sandler’s ability to collect Social Security and other death benefits. Quasney has stage 4 ovarian cancer and has undergone numerous surgeries and chemotherapy.

There may not be time for appeals as medical experts say Quasney will reach the average survival rate for her disease next month.