Federal judge in Pennsylvania declares same-sex marriage ban unconstitutional

Pennsylvania’s same-sex marriage ban was ruled as unconstitutional by U.S. District Court Judge John Jones Tuesday.

From Judge Jones’ ruling:

“Hoping to end this injustice, eleven courageous lesbian and gay couples, one widow, and two teenage children of one of the aforesaid couples have come together as plaintiffs and asked this Court to declare that all Pennsylvanians have the right to marry the person of their choice and consequently, that the Commonwealth’s laws to the contrary are unconstitutional.

“We now join the twelve federal district courts across the country which, when confronted with these inequities in their own states, have concluded that all couples deserve equal dignity in the realm of civil marriage.”

Attorney General Kathleen Kane, who refused to defend the law saying it was unconstitutional, issued this statement: “This is an historic day. More importantly, today brings justice to Pennsylvanians who have suffered from unequal protection under the law because of their sexual orientation. When state-sponsored inequality exists, citizens are deprived of the full protections that the Constitution guarantees. Our Commonwealth progressed today and so have the hopes and dreams of many who suffer from inequality. Today, in Pennsylvania, the Constitution prevailed.”

Since the U.S. Supreme Court decision in U.S. v. Windsor struck down Section 3 of the Defense of Marriage Act last summer,  federal courts have ruled in favor of marriage equality in Utah, Ohio, Oklahoma, Kentucky, Idaho, Illinois, Indiana, Michigan, Tennessee, Texas, Virginia and, yesterday, in Oregon.

A May 2013 poll found 54 percent of Pennsylvanians support marriage equality.

You can read the entire ruling below from Judge John Jones:

Utah judge orders state to recognize same-sex couples who legally wed

According to a press release from the ACLU, a federal judge has ruled Utah must recognize the legal marriages of those same-sex couples who married after the same-sex marriage ban was struck down:

A federal judge ordered the state today to recognize the marriages of same-sex couples who were legally married in Utah 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. The couples are represented by American Civil Liberties Union, the ACLU of Utah, and Strindberg & Scholnick, LLC, who sought the preliminary injunction for the marriages to be recognized while their lawsuit continues.

“Our clients, like over 1,000 other same-sex couples, were legally married and those marriages cannot now be taken away from them,” said John Mejia, legal director of the ACLU of Utah. “While we await a permanent decision, we are relieved that our clients will receive the full recognition they deserve as lawfully married couples.”

Today’s preliminary injunction is not a permanent order, but it reflects the court’s determination that the plaintiffs’ are likely to prevail on their legal claims and would suffer irreparable harm if their marriages were stripped of recognition. Today’s order was given a 21-day stay to allow the state to respond.

Quote of the day: Judge Michael McShane

“With discernment we see not shadows lurking in closets or the stereotypes of what was once believed; rather, we see families committed to the common purpose of love, devotion, and service to the greater community.

“To those who truly harbor such fears, I can only say this: Let us look less to the sky to see what might fall; rather, let us look to each other … and rise.” – From Federal Judge Michael McShane’s ruling striking down Oregon’s marriage equality ban

Marriage News Watch – May 19, 2014

• Marriage equality comes to Oregon as the National Organization for Marriage screws up again.

• Judges in Idaho and Arkansas rule that marriage bans violate the US Constitution.

• Following another round of hearings, rulings are due any day now in Virginia and Pennsylvania.

• And a new lawsuit in Alaska leaves just three states with an unchallenged marriage ban.

Federal judge strikes down Oregon same-sex marriage ban

A federal judge in Oregon struck down the state’s ban on same-sex marriage Monday, making for the 13th straight win for gay nuptials in the federal courts since the U.S. Supreme Court decision against the Defense of Marriage Act.

U.S. District Judge Michael McShane ruled in the consolidated case of Rummell v. Kitzhaber and Geiger v. Kitzhaber that Oregon’s ban on same-sex marriage violates equal protection rights under the Fourteenth Amendment of the U.S. Constitution.

The ruling was somewhat expected as no one from the state stood to defend the law.  In February the state Attorney General Ellen Rosenblum announced the law was, in her opinion, unconstitutional.  The governor of the state also announced that he supported marriage equality and did not wish to hire outside lawyers to defend it.

A recent Public Policy poll showed that 54 percent of Oregon residents would vote to legalize same-sex marriage at the ballot.

McShane’s ruling means 13 federal courts have ruled in favor of marriage equality since the Supreme Court’s decision against DOMA in addition to state courts in New Jersey, New Mexico and Arkansas.

Supporters of same-sex marriage in Oregon began gathering hours before the ruling was released.

Officials in Oregon’s largest county, Multnomah, said they will begin issuing marriage licenses immediately. There is usually a three-day waiting period for the licenses, but the county has offered to waive the waiting period on Monday, for a $5 fee.

Judge McShane’s ruling specified it was effective immediately.

Several pastors are at the courthouse, ready to marry couples who obtain a marriage license today.

Oregon United supporters celebrate the ruling

Shiny happy people in Oregon – MARRIED!  Congratulations!

(via Washington Blade)

NOM requests and is immediately DENIED stay in Oregon marriage equality ruling

Before the ruling is even handed down, the National Organization for Marriage filed an emergency request for stay in the Ninth Circuit Court of Appeals.

Before you could even blink, the Ninth Circuit refused the stay with a one sentence decision.  See below.

“And stay out!!!”

Poll: Very strong support for marriage equality for those under 50

A new Politico poll conducted in the most competitive House and Senate districts shows strong support for marriage equality among those under 50.

Of those people between the ages of 18-34, support stands at a rocking 61 percent.

Slightly more than half of those between ages 35 and 49 support gay marriage.

The figure drops to 48 percent among those aged 50-64. Overall, 52 percent of those surveyed oppose gay marriage.

It should be noted that the poll consisted of slightly more self-identified Republicans (39%) than Democrats (34%), and 65% of those polled considered themselves “very religious.”

Read more at Politico.

10th Anniversary of Marriage Equality in Massachusetts

Ten years ago today, the first same-sex couple got married in Massachusetts.

The first of many “happy dances” in my house.

A decade later, 17 other states and the District of Columbia have legalized same-sex marriage. The Supreme Court struck down the Defense of Marriage Act which had long deterred other states from following Massachusetts’ lead, and gays and lesbians now serve openly in the military without fear of being discharged. President Obama and many elected leaders have come to embrace marriage equality as have a majority of Americans. Just last week, the NFL drafted its first openly gay player.

While many have championed the successful legal strategy that saved same-sex marriage in the state of California, for civil rights activists, it’s hard to overstate the importance of Goodridge which set an example for the country in terms of equal rights and the freedom to marry.

For the detractors – you will note the sky has not fallen.

Congrats Massachusetts!