Pew poll: Majority of Americans support marriage equality

According to Pew Research Center, just over half (51%) of the public now favors same-sex marriage, while 42% are opposed.  Sixty-seven percent believe gays and lesbians deserve equal rights.

Please note the direction of the graph lines over the past ten years.  The lines show growth in one direction. 

Brian Brown – are you paying attention?

Utah sees record numbers of marriage licenses issued

The Salt Lake Tribune has the details:

As of close of business Thursday, more than 1,225 marriage licenses had been issued in Utah since last Friday, according to numbers obtained by The Salt Lake Tribune. Of those, at least 74 percent were issued to gay and lesbian couples.

That’s more than 905 same-sex couples who received marriage licenses in a week punctuated by holidays and limited — in some counties — by when their clerk began to adhere to U.S. District Judge Robert J. Shelby’s order.

With an average marriage license costing $40, counties in Utah made a grand total of more than $49,000 in the three-and-a-half days most county clerk’s offices were open this week.

About three-quarters of that money came from gay and lesbian couples seeking marriage licenses.

AFER recaps the year that was 2013

Recap of 2013 from the folks at the American Federation for Equal Rights:

In 2013, AFER took our case against Prop 8 to the US Supreme Court. Standing with us was an unprecedented groundswell of support, including you.

It was the first time a marriage case for gay and lesbian Americans had ever been briefed before the nation’s highest court. And we won.

Gay and lesbian couples can now get married in the most populous state in America.

AFER continues to fight for marriage equality in federal court with a case in Virginia. Our Plaintiffs are two couples. They are represented by two of the nation’s best attorneys.

See you in 2014!

Utah County Clerk’s office to begin issuing marriage licenses to same-sex couples

Ultra-conservative Utah County Clerks will begin issuing marriage licenses to same-sex couples today.

Nearly a week has gone by since most of the state County Clerks began to do so following a Federal District Court’s ruling that banning marriage equality is unconstitutional.

Via Daily Herald:

“On Tuesday afternoon, December 24th, the 10th Circuit of Appeals denied the motion to stay the ruling by Judge Robert Shelby that Utah’s same sex marriage ban is unconstitutional. Based upon that motion and upon receipt of the further clarifications I was seeking; the Utah County Clerk’s Office will issue marriage licenses to all eligible applicants.”

The state sought a stay on the ruling from both District Judge Shelby and then the Tenth Circuit of Appeals. Both denied the stay.

Word is the state will now reach out to SCOTUS for a stay, although the Utah AG’s office has indicated this will take several days. The request would go to Justice Sonia Sotomayor. Considering two courts have said “no” and SCOTUS usually leaves marriage as a states rights issue, chances are slim for a stay to be issued from the high court. But it could happen.

Stay tuned.

UPDATE: According to reports,  all Utah County Clerks offices, including those who had resisted issuing marriage licenses to same-sex couples, are now  allowing LGBT couples to receive marriage licenses.

The Utah attorney general’s office had said counties could be held in contempt of federal court if they refused to comply.

BREAKING: 10th Circuit Court of Appeals DENIES stay of marriage equality in Utah

Via Chris Geidner at Buzzfeed:

“Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted.   Accordingly, we deny Defendants-Appellants’ emergency motions for a stay pending appeal and for a temporary stay.  In addition, we direct expedited consideration of this appeal.  The Clerk is directed to issue a separate order setting deadlines for briefing.

Entered for the Court

Elisabeth A. Shumaker, Clerk

The state has one last resort – could ask the U.S. Supreme Court for a stay. The request would go to Justice Sotomayor.  Look for that to happen as soon as tomorrow…

It could be months before the 10th Circuit Court hears the appeal. In that time, same-sex couples will be allowed to marry in Utah!

Merry Christmas!!!

Utah: Governor Herbert sends email to state agencies instructing them to follow ruling on marriage equality

Click image to enlarge

Utah Gov. Herbert’s office sent an email to state agencies telling them to comply with federal ruling on Amendment 3.

Dear Cabinet,

Thanks to each of you for providing an analysis of the impacts to the operations in your respective agencies based on the recent federal district court ruling on same sex marriage. As indicated in your responses, many agencies will experience minimal or no impact.

For those agencies that now face conflicting laws either in statute or administrative rule, you should consult with the Assistant Attorney Generals assigned to your agency on the best course to resolve those conflicts. You should also advise your analyst in GOMB of the plans for addressing the conflicting laws.

Where no conflicting laws exist you should conduct business in compliance with the federal judge’s ruling until such time that the current district court decision is addressed by the 10th Circuit Court.

Thank you for your attention to this matter.

Derek B. Miller
Chief of Staff
Governor’s Office
State of Utah

Below is an updated map of counties in the state of Utah currently NOT issuing marriage licenses to same-sex couples, which is in violation of the Amendment 3 ruling and could carry a contempt of court charge.

Three Utah counties refuse to issue marriage licenses to same-sex couples

As more and more counties in Utah begin issuing marriage licenses to same-sex couples, three counties still refuse to do so.

From FOX 13 in Salt Lake City:

That leaves Piute, Utah, and Box Elder counties as those who have told FOX 13 they will not issue marriage licenses to same-sex couples, despite the potential for criminal charges. The San Juan County Clerk’s Office said Tuesday it has not been asked to issue a license to a same-sex couple, but would “consult with our attorney” if it was.

The Piute County Clerk’s Office said it was waiting for a further ruling by the 10th U.S. Circuit Court of Appeals in Denver. The Utah County Clerk has given similar reasoning, and has denied same-sex couples married licenses since Friday. On Monday, county clerk Brian Thompson was served with a lawsuit for refusing to issue a license.

In related news, the Tenth Circuit Appeals Court has yet to issue a ruling on the state’s request for a stay on Federal District Judge Shelby’s ruling.  As such, shiny happy couples keep getting married.

What a great country this is 🙂

Federal Judge Shelby DENIES stay on marriage equality ruling in Utah

Just tweeted by Ben Winslow of Fox News 13 – Motion to stay marriage equality ruling DENIED!

Marriage equality continues in Utah.

Judge Shelby made clear that all county clerks are required to issue marriage licenses to same-sex couples or they would be in violation of the law, thus committing a Class A misdemeanor.

Ohio: Same-sex married couples allowed to be designated on death certificates

Ohio couple John Arthur and Jim Obergefell marry in Maryland

In a narrow but important ruling, a federal judge has issued a decision saying married same-sex couples in Ohio have a right to be designated as such on death certificates.

In his decision Monday, Judge Timothy Black orders state officials to recognize such unions on death certificates. Although his ruling applies narrowly, his statements about Ohio’s gay-marriage ban are sweeping and expected to incite further litigation challenging the law.

In his lengthy decision, the Cincinnati-based judge says that “once you get married lawfully in one state, another state cannot summarily take your marriage away.”

He says the U.S. Constitution recognizes the right to remain married as a fundamental liberty.

Black’s decision stems from a lawsuit filed in July by two gay Ohio men whose spouses recently died and wanted to be recognized on their death certificates as married.

So basically, if you’re a gay couple that’s married, Ohio has to recognize that once you’re dead.