Federal judge strikes down Wisconsin ban on same-sex marriage

U.S. District Court Judge Barbara Crabb  has ruled that Wisconsin’s ban on same-sex marriage is unconstitutional.

Wisconsin’s voters passed a constitutional ban against same-sex marriages in 2006, but the American Civil Liberties Union, the ACLU of Wisconsin, and the law firm of Mayer Brown filed a lawsuit on behalf of eight Wisconsin couples challenging the ban.

Part of Friday’s ruling reads:

“It is DECLARED that art. XIII, § 13 of the Wisconsin Constitution violates plaintiffs’ fundamental right to marry and their right to equal protection of laws under the Fourteenth Amendment to the United States Constiution.”

[snip]

“Personal beliefs, anxiety about change and discomfort about an unfamiliar way of life must give way to a respect for the constitutional rights of individuals…”

The state motioned to stay the case in March and to dismiss it in April, but both motions were denied. It’s not yet clear when same-sex marriages will be able to be performed in Wisconsin.

Several county clerks have prepared for this decision in advance with plans to beef up staff in case there is a sudden rush for couples to marry.  There is normally a five day waiting period between application and issuance of marriage licenses, but clerks may waive the waiting period in some cases for a $25 fee.  Some clerks have indicated they would be willing to do so for same-sex couples.

This is the 20th consecutive win for marriage equality since last summer’s SCOTUS decision on DOMA and Prop 8.

What a gift for pride celebrations!

Congratulations Wisconsin!

(source)

Marriage equality lawsuit filed in North Dakota

Every state in the US which has a law outlawing marriage equality now has a legal challenge filed in court.

Seven couples filed suit in Fargo, North Dakota, today taking aim at the state’s same-sex marriage ban AND the state’s failure to recognize same-sex marriages performed in other states.

North Dakota passed it’s ban on marriage equality in 2004.

Currently 19 states and the District of Columbia allow same-sex couples to legally wed.

(source)

Poll: Fifty percent of Americans believe same-sex marriage is a protected right under the Constitution

According to a new Washington Post/ABC News poll, 50% of Americans believe that same-sex marriage is protected by the US Constitution under the Equal Protection clause. Forty-three percent do not agree.

It is the Equal Protection clause that has been cited in case after case, in state after state, as the basis for successful passage of same-sex marriage rights.

To the broader point of support for marriage equality in general, 56% of Americans support the freedom to marry while 38% oppose.

The Washington Post has an interactive map which shows the current status of same-sex marriage state by state.

FOX News doesn’t know marriage equality is happening across the country

FOX News has no idea that marriage equality is being legalized across the country.

Via Media Matters:

For the four states – New Jersey, New Mexico, Oregon, and Pennsylvania – where same-sex marriage has taken effect as a result of court rulings post-Windsor, Fox News has provided a scant two minutes and 14 seconds of coverage, compared with nearly 16 minutes from CNN and more than an hour from MSNBC:

Regarding the 13 court rulings since United States v. Windsor – all favoring marriage equality – FOX News has spent barely 10 minutes covering the rulings.

So much for “fair and balanced.”

More at Media Matters.

Parliament of Slovakia amends constitution to ban same-sex marriage

The Parliament of Slovakia voted today, 102 out of 150 lawmakers, to change it’s constitution banning same-sex marriage.  Only 18 lawmakers voted against the measure.

Although a 2012 poll showed 47% of Slovaks support civil unions, there is no legal recognition of same-sex relationships in Slovakia.  Gay couples are also not allowed to adopt.

In 1992, Czechoslovakia split into the two countries of Slovakia and the Czech Republic.  The Czech Republic allows for civil unions and is considered to be one of the more gay friendly countries in Central Europe.

(source)

US Supreme Court refuses to halt same-sex marriages in Oregon

The US Supreme Court has just announced it will NOT put same-sex marriage in Oregon on hold.

From LGBTQ Nation:

The court issued an order Wednesday declining to block any new same-sex unions in the state while a federal appeals court considers whether an anti-gay marriage group can intervene in the case.

The order follows an emergency appeal by the National Organization for Marriage that seeks to overturn the May 19 ruling of U.S. District Judge Michael McShane. The group had unsuccessfully tried to intervene in the lower court proceeding after Oregon Attorney General Ellen Rosenblum declined to defend the same-sex ban.

Hundreds of same-sex Oregon couples have obtained marriage licenses since McShane’s order.

The full court considered the request from NOM, and it was denied without comment.

Take that, haters!

Idaho: Gov. Butch Otter requests Ninth Circuit Court 11-judge panel to review same-sex marriage ruling

Idaho Gov. Butch Otter

Gov. Butch Otter of Idaho has filed a request with the Ninth Circuit Appeals Court to hear his state’s appeal regarding the recent same-sex marriage ban’s repeal to be heard by a full 11-judge panel instead of the usual 3-judge panel.

From the Spokesman.com:

“Because the marriage issue is so passionately contested and so divisive among the citizenry, the perception of the legitimacy of this court’s resolution of it must be of paramount concern,” attorneys for the governor argue in their motion. “A decision by an 11-judge panel stands far higher and stronger than does a decision by a three-judge panel, just as a decision by a three-judge panel stands far higher and stronger than does a decision by a single judge.”

U.S. Magistrate Judge Candy Dale last month overturned Idaho’s constitutional ban on same-sex marriage, saying it violated the U.S. Constitution’s guarantees of equal protection and due process; four Idaho couples had sued, saying their constitutional rights were violated by the state not allowing them to marry or not recognizing their legal marriages from other states.

The appeal was immediately filed with the Ninth Circuit Court when the initial ruling was issued. However, it is unusual to go directly to a full “en banc” hearing. Normally, an appeal works it’s way through a 3-judge panel, and then to “en banc” as an appeal or directly to the US Supreme Court.

The Ninth Circuit Court has ordered that the case be handled swiftly, with briefing over the summer and arguments in the second week of September.

Florida Attorney General says same-sex marriage would “impose significant public harm”

Florida Attorney General Pam Bondi (R) has asked a federal judge to dismiss a lawsuit against the state of Florida filed on behalf of eight same-sex couples seeking recognition of their out-of-state marriages.

With an argument NO state has yet to find successful in court, AG Bondi writes in court documents that recognizing the marriages would “impose significant public harm.”

From ABC News:

Bondi’s office also argues that the state has a legitimate interest in defining marriage as between a man and woman. Florida first banned same-sex marriages nearly two decades ago and voters reinforced that ban when they passed a constitutional amendment in 2008.

“Florida’s marriage laws, then, have a close, direct, and rational relationship to society’s legitimate interest in increasing the likelihood that children will be born to and raised by the mothers and fathers who produced them in stable and enduring family units,” Bondi’s office said in court documents.

The state’s legal position also notes that there would be significant financial and logistical problems for the state’s pension and health insurance programs if same-sex marriages were recognized.