Tag: same-sex marriage

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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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Maine Sen. Susan Collins becomes fourth Republican Senator to endorse same-sex marriage

Republican Sen. Susan Collins of Maine has become the fourth GOP senator to endorse same-sex marriage.

Sen. Collins said in a statement: “A number of states, including my home state of Maine, have now legalized same-sex marriage, and I agree with that decision.”

The Human Rights Campaign responded by endorsing Collins for reelection:

“Senator Susan Collins has played a pivotal role in advancing support for LGBT equality — from her dogged support for the repeal of “Don’t Ask, Don’t Tell,” to her critical vote for the Employment Non-Discrimination Act last year, to her proud support for marriage equality,” said Chad Griffin, president of the Human Rights Campaign. “HRC is proud to stand with Senator Collins, and with allies on both sides of the aisle like her, because she firmly believes that every American should be evaluated based on their abilities, and not who they love.”

“I am grateful for the support that I continue to receive from the Human Rights Campaign for my work in the Senate to end discrimination and achieve LGBT equality,” said Senator Collins. “HRC fully understands the need to have allies in both the Republican and Democratic caucuses, and I am proud of the reputation that I have established for working with my Senate colleagues of both parties in a bipartisan spirit for fairness and equality. I look forward to our continued work together to bring people together and remove barriers that divide us.”

While The Randy Report clearly leans left, I’ve always said I appreciate the moderates on both sides of the aisle in government. Susan Collins has consistently been open to finding common ground on a multitude of issues, including those of particular importance to the LGBT community.

I agree with the HRC in their endorsement.

Collins joins three other Republican senators who have publicly stated their support for same-sex marriage: Illinois’ Mark Kirk, Alaska’s Lisa Murkowski and Ohio’s Rob Portman.

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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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Colorado: Boulder County Clerk begins issuing same-sex marriage licenses based on 10th Circuit Court ruling

Upon issuance of the 10th Circuit Court of Appeals ruling that Utah’s ban on same-sex marriage was unconstitutional, over in Colorado, Boulder County Clerk Hillary Hall began to issue marriage licenses.

Hall’s position was that since Colorado and Utah are both within the jurisdiction of the !0th Circuit Court, the ruling applied to Colorado. And upon further review decided the stay issued on the ruling did not affect Colorado.

Colorado Attorney General John Suthers made it clear that the licenses are not valid.

“That’s their opinion. We disagree with it,” Hall said Thursday morning. “We will be here issuing marriage licenses until a Colorado court or the Supreme Court tells us to desist.”

Andie Lyons, 32, and her partner were one of about 10 couples in line at the Boulder City and County building when the doors opened at 8 a.m. Thursday. Lyons knows what Suthers said but said it was still worth $30 for the license.

“We’ve jumped through every hoop that was available to us,” Lyons said. “To us, it’s as much about being apart of this moment, so we know it might not practically change our lives. We’re alive at this time, and we want to be in front of that.”

Josh Hufford, 31, is a software engineer from Denver and was among those waiting in line with his partner, Levi Healy, 34.

“I’m disappointed that he feels that needs to be stated,” Hufford said of Suthers declaring the licenses invalid. “All this is doing is wasting taxpayers’ money for something that is inevitable.”

In his statement late Wednesday, Suthers said: “Any marriage licenses issued to same-sex couples in Colorado before a final court resolution of the issue are invalid.”

Hall said Thursday that when they reviewed the Court of Appeals’ ruling, it was clear that marriage is a fundamental right for everyone after they consulted with their attorneys.

“We are prepared to defend that decision — hopefully not in court,” Hall said.

Watch a short clip as couples line up outside the county clerks office to get their marriage licenses.

(via Denver Post)

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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.

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Indiana: Federal judge rules same-sex marriage ban UNCONSTITUTIONAL

Today, U.S. District Court Judge Richard L. Young ruled that Indiana’s discriminatory ban on marriage for same-sex couples is unconstitutional.

Lambda Legal challenged the law on behalf of five couples seeking the freedom to marry in Indiana or recognition of a marriage from another state.

Judge Young wrote:

The court has never witnessed a phenomenon throughout the federal court system as is presented with this issue. In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional.

It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love.

In time, Americans will look at the marriage of couples such as Plaintiffs, and refer to it simply as a marriage – not a same-sex marriage.

These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such.

(via Lambda Legal)