Tag: same-sex marriage

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Florida Judge rules state ban on same-sex marriage

A judge in the Florida Keys has ruled that the state’s ban on same-sex marriage is unconstitutional.

The ruling was issued Thursday by Circuit Judge Luis M. Garcia and applies only to Monroe County, which covers the Keys.

The lawsuit contended that the same-sex marriage ban approved by voters in 2008 violated the U.S. Constitution’s guarantee of equal protection under the law. The judge says licenses could be issued starting Tuesday.

Attorney General Pam Bondi and ban supporters argued that the referendum vote should be respected and that Florida has sole authority to define marriage in the state. The Florida amendment defined marriage as a union between one man and one woman.

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The state of same-sex marriage ban appeals in the US

With all the rulings, I thought I’d post a round up of where we are with same-sex marriage rulings and appeals so far:

The Seventh Circuit Court of Appeals has announced it will hear arguments regarding Indiana and Wisconsin’s marriage ban cases on August 13th.

A week before that the 6th Circuit Court of Appeals will will arguments regarding bans in Kentucky, Michigan, Ohio and Tennesee.

The 10th Circuit Court has already decided Utah’s ban is unconstitutional and that state’s AG has announced they are heading to SCOTUS for final appeal.

We expect to hear any day now the verdict from the 4th Circuit Court in Virginia’s same-sex marriage ban case.

Hawaii, Idaho and Nevada get their day with the 9th Circuit Court in September.

And finally, Texas has filed an appeal with the 5th Circuit Court on that state’s marriage ban but no date for arguments has been scheduled at this time.

So – got all that?

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Marriage News Watch – July 14, 2014

• The one year celebration of Prop 8 decision at SCOTUS and the return of marriage equality to California.

• Currently awaiting a ruling in Virginia marriage equality case. Two district court decisions in our favor, and the 4th Circuit Court’s decision could happen any time now.

• Also this week, a Colorado judge will allow marriages to continue, even though the state’s marriage ban is still on the books.

• And new marriage equality cases in Idaho, briefs in multiple states, and a new survey in Louisiana.

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Department of Justice will file brief in support of same-sex marriage at SCOTUS

US Attorney General Eric Holder told ABC News this weekend that the Department of Justice is prepared to file a brief in support of same-sex marriage should Utah, or any other state, bring their case to the US Supreme Court.

From LGBTQ Nation:

Holder said the brief would be “consistent with the actions that we have taken over the past couple of years,” after the Obama Administration refused to defend a section of the Defense of Marriage Act that defined marriage as between one man and one woman, and filed a brief urging the Supreme Court to strike down that provision.

Last month, the U.S. Court of Appeals for the Tenth Circuit ruled in a challenge to Utah’s same-sex marriage ban, that states cannot prohibit two people from marrying simply because they choose a partner of the same-sex.

It was the first time a federal appeals court ruled that same-sex couples have a constitutional right to marry.

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Poll: Support continues to grow for same-sex marriage in Australia

According to a new poll, 72% of Australians now support same-sex marriage:

A Crosby Textor poll, commissioned by Australian Marriage Equality, has found that 72 per cent of Australians want same-sex marriage legalised, while 77 per cent think Coalition MPs should be granted a conscience vote.

The survey by the Liberal Party’s national pollster finds support for marriage equality is increasing among Australians, up from 65 per cent in a Nielsen poll last August.

It shows opposition to same-sex marriage has collapsed, with just one in five Australians or 21 per cent opposed, marking Parliament as increasingly out of step with the views of the majority of Australians.

According to the poll, support for same-sex marriage is now higher in Australia than it was in any other country, including New Zealand and Great Britain, when overseas parliaments have passed marriage equality laws.

(via Sydney Morning Herald)

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10th Circuit Court of Appeals denies Utah indefinite stay on same-sex marriage ruling

The 10th Circuit Court of Appeals gave Utah until July 21st to ask SCOTUS for an indefinite stay on a ruling that ordered the state to recognize same-sex marriage.

From the ACLU:

The U.S. Court of Appeals for the 10th Circuit denied Utah’s request to suspend a lower court’s ruling ordering the state to recognize the marriages of same-sex couples who were legally married 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. In May, a federal court ordered the state to recognize those marriages as legally valid, but Utah had asked that the lower court’s order be suspended as the appeals process continued. Today’s ruling denies that request, but does give the state 10 days to decide to seek a stay from the U.S. Supreme Court.

Utah’s Attorney General has issued a statement saying he will appeal to Justice Sonia Sotomayor (who handles appeals requests for the 10th Circuit):

“The State recognizes that pending cases regarding same-sex marriage in Utah impact the lives of many individuals and families and is diligently seeking uniform certainty through proper and orderly legal processes until Kitchen v. Herbert is resolved.”

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Federal judge rules Boulder County Clerk can continue issuing marriage licenses to same-sex couples

District Court Judge Andrew Hartman ruled today that Boulder County Clerk Hillary Hall can ignore the stay on a ruling from the 10th U.S. Circuit Court of Appeals in Denver, which found states cannot set gender requirements for marriage.

Hartman said same-sex marriage is still illegal in Colorado but that Hall’s behavior causes no harm.  The ruling included the temporary measures that couples be informed that the licenses could be found invalid at some point in the future, and that clerks identify and note all same-sex marriage licenses to state agencies.

In his ruling, Hartman noted that every judge who has ruled on a same-marriage ban since the fall of DOMA last June has found it unconstitutional. He referred to Colorado’s prohibition is “hanging on by a thread.”

Following suit, word comes that Denver’s County Clerk will begin issuing marriage licenses to same-sex couples as soon as possible.

(source)

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Indiana Gov. Mike Pence orders state agencies to ignore same-sex marriages

Governor Mike Pence of Indiana has ordered all state agencies to ignore the same-sex marriages that were performed in the state over three days following a federal judge’s ruling that the state’s same-sex marriage ban was unconstitutional on June 25th.

From WTHR.com:

Pence defended the memo Wednesday and the sentiment expressed in it Wednesday afternoon. He said it was his job as governor to carry out the laws of the State of Indiana.

“The State of Indiana must operate in a manner with the laws of Indiana. So we have directed our state agencies earlier this week to conduct themselves in a way that respects current Indiana law, pending this matter’s process through the courts,” Pence said.

A federal judge in Indianapolis struck down the state’s gay marriage ban as unconstitutional that day, leading to hundreds of same-sex marriages around the state. But an appeals court stayed that ruling three days later after an appeal from the state attorney general’s office.

Statement from Hoosiers Unite for Marriage:

“Last month, Governor Pence held a summit about strengthening families. He lauded single parents, adoptive parents and marriages between one man and one woman. Notably absent was any mention of loving, committed same-sex couples and their families. The couples who said their vows during the three-day window when same-sex marriage was legal in Indiana are legally married, and they deserve the respect and recognition that comes with that commitment. We are deeply disappointed in the Governor’s decision not to recognize these marriages and families, and we will continue to fight for these couples to be treated equally. We look forward to the day when marriage equality is the law of the land so that these families no longer have to worry about politicians deciding the fate of their love.”