Tag: same-sex marriage

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Oral arguments conclude in Tenth Circuit Appeals Court on same-sex marriage in Utah

Oral arguments have ended for the lawsuit taken to the Tenth Circuit Appeals Court regarding the ban on marriage equality in Utah.

FOX News reporter Ben Winslow indicates in his tweets that the three judge panel appeared split.

From the AP:

One of the judges, Carlos F. Lucero, compared the state’s argument that the ban should to the U.S. Supreme Court’s infamous Dred Scott decision that denied citizenship and constitutional protections to blacks before the Civil War. “To argue that public policy can trump a declared constitutional right would be a remarkable proposition,” Lucero said.

But Judge Paul J. Kelly Jr. suggested Utah does have the right to reaffirm what has been a centuries-long tradition of heterosexual marriage. “You are just taking the position they are wrong on this. …. We’ll just ignore what the people have decided and the Legislature has done,” Kelly said.

The swing vote in the case appears to be justice Jerome A. Holmes, who sharply challenged attorneys for both sides.

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Utah distances itself from discredited Regnerus study in advance of 10 Circuit Court marriage equality appeal

Mark Regnerus

The state of Utah filed a last minute brief yesterday with the 10th Circuit Court of Appeals in advance of oral arguments which begin today in the lawsuit over the state’s marriage equality ban.

The brief basically steps back from using the flawed and discredited study by Mark Regnerus, which has been referenced by many anti-marriage equality opponents as reason to discriminate against gay couples who wish to marry.

From the letter:

Utah files this supplemental letter in response to recent press reports and analysis of the study by Professor Mark Regnerus, which the State cited at footnotes 34 and 42 of its Opening Brief, and which addresses the debate over whether same-sex parenting produces child outcomes that are comparable to man-woman parenting.

First, we wish to emphasize the very limited relevance to this case of the comparison addressed by Professor Regnerus. As the State’s briefing makes clear, the State’s principal concern is the potential long-term impact of a redefinition of marriage on the children of heterosexual parents. The debate over man-woman versus same-sex parenting has little if any bearing on that issue, given that being raised in a same-sex household would normally not be one of the alternatives available to children of heterosexual parents.

Second, on the limited issue addressed by the Regnerus study, the State wishes to be clear about what that study (in the State’s view) does and does not establish. The Regnerus study did not examine as its sole focus the outcomes of children raised in same-sex households but, because of sample limitations inherent in the field of study at this point, examined primarily children who acknowledged having a parent who had engaged in a same-sex relationship. Thus, the Regnerus study cannot be viewed as conclusively establishing that raising a child in a same-sex household produces outcomes that are inferior to those produced by man-woman parenting arrangements.

The bolding is mine.

Regernus’ study was blasted recently in the marriage equality ruling handed down in Michigan. And while he was testifying in Michigan, his own school where he teaches issued a statement putting space between the university and Regnerus.

Here’s a brief recap going into oral arguments for the case in the 10th Circuit today.

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ACLU files lawsuit in North Carolina seeking recognition of out-of-state same-sex marriages

Via ACLU press release:

The American Civil Liberties Union, the ACLU of North Carolina Legal Foundation and the law firms of Sullivan & Cromwell LLP and Ellis & Winters LLP have filed a new case in federal court on behalf of three married, same-sex couples seeking state recognition of their marriages. Because of the serious medical condition of one member of each couple, they are asking the court to take swift action.

The ACLU has also sought immediate relief on behalf of one of the couples in the existing Fisher-Borne et al. v. Smith case who have a young child who is being denied critical medical care because North Carolina neither recognizes his mothers’ marriage nor allows both mothers to adopt their child and establish a legal relationship.

North Carolina’s ban on marriage for same-sex couples prevents the plaintiff couples from securing hundreds of protections provided in both state and federal law to married couples. If one member of the couple were to die before the state recognizes their marriage, the surviving spouse will be forever denied not only these protections but the dignity that respect from the state affords, such as having one’s relationship acknowledged forever on a death certificate.

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Sen. Alan Simpson supports the Freedom To Marry

From Freedom To Marry:

As federal appeals courts begin to hear marriage cases across the country, Freedom to Marry released a national television ad featuring former U.S. Senator Alan Simpson. Simpson, a Republican, represented Wyoming for 18 years and held senior leadership positions.

In the 30-second ad, the senator makes the conservative case for the freedom to marry based on individual liberty and a live-and-let-live philosophy. The ad begins airing on April 8 on national cable and network Sunday political shows in Washington, D.C., and in Colorado, Oklahoma, and Wyoming markets.

“Speaking as a conservative, a lifelong Republican, and a son of the West, Senator Simpson talks of his values of freedom and limited government and the joy of marriage,” said Evan Wolfson, president of Freedom to Marry. “The ad shows the bipartisan momentum for the freedom to marry. And recent rulings against marriage discrimination by nine out of nine federal district judges show the legal trajectory of our campaign: toward more freedom, more dignity, and more families enjoying equality under the law.”

For more information on Freedom to Marry, go to www.freedomtomarry.org.

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Ohio Judge To Rule Marriage Recognition Ban Unconstitutional

News coming out of Ohio that a federal judge will rule the state’s ban on recognizing same-sex marriages performed in other states to be unconstitutional.

From Buzzfeed:

In a docket entry summarizing the hearing, the court stated, “The Court anticipates striking down as unconstitutional under all circumstances Ohio’s bans on recognizing legal same-sex marriages from other states.”

Ohio’s 2004 law and constitutional amendment barring same-sex couples from marrying also bar the state from recognizing the marriages of same-sex couples performed elsewhere. The case is not about whether Ohio must issue marriage licenses to same-sex couples, but only the recognition portion of the state’s laws.

This case, brought in February on behalf of Brittani Henry and Brittni Rogers, initially was about birth certificates, and being able to have parents’ marriages recognized on them, but, per Friday’s docket entry, the decision will be finding the recognition ban unconstitutional “under all circumstances.”

The ruling is expected by April 14.

Should the state choose to appeal the ruling (very likely), the case would head to the Sixth Circuit Appeals Court where already lined up are cases regarding marriage equality from Kentucky, Michigan and Tennessee.

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Five years of marriage equallity in Iowa

Today is the five year anniversary of marriage equality in Iowa.

Five fantastic years! And for the naysayers – I checked and, nope, the sky has not fallen yet.

Freedom To Marry shares this beautiful first-person essay by David Twombley, who along with with his longtime partner Larry Hoch, five other same-sex couples, and Lambda Legal succeeded with their lawsuit in Iowa back in 2008 seeking the freedom to marry.

It seems impossible that nearly five years have gone by since our historic win for marriage equality in the Iowa Supreme Court. It’s wonderful to know that Larry and I have been married for five years this coming September.

What an incredible journey this has been. We both are often asked if we would do it again – the fight for equality, as well as getting married at all – and our response is always the same: “In a heart beat.” I know, personally, I would never have missed any of the years of planning and hoping.

Two of the strongest memories for me were the day of the hearing before the Supreme Court and the feeling following that we were going to win our lawsuit. Call it intuition or a hunch, but I think it was the tenor of the questions asked each side by the Justices and the answers that they received.

I know I was very optimistic, and I never lost that feeling.

The second memory, and the strongest: We had been sequestered from the press the morning the decision was to be announced – April 3, 2009 – we did not know the outcome as we came into the room to hear the official announcement. As we came in, I saw our good friends, Betty & Bruce Hunter, and Betty was crying when she looked at me.

My initial reaction was that we had lost the case! Of course, I found out soon that it was tears of happiness. My heart was beating so hard before Camilla Taylor made that wonderful announcement that we had been successful. I was squeezing Larry’s hand so hard – I’m glad I didn’t break any bones! The phone calls, e-mails and all other support we received were incredible.

It is a humble feeling to know that Larry and I are part of civil rights history in Iowa – and it is exciting to see the nation continue to move closer and closer to a future where same-sex couples across the country, in every state, can share in the happiness that Larry and I have shared for five years.

More Iowa marriage equality happiness below!

(via TRR reader Paul)

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Lesbian couple asks Indiana to recognize their marriage now due to terminal cancer diagnosis

Niki Quasney (right) and Amy Sandler

A lesbian couple in Indiana is asking the state to legally recognize their marriage performed in Massachussetts immediately as one spouse is terminally ill with cancer.

Lambda Legal filed the lawsuit on behalf of Amy Sandler and Niki Quasney, who live in Munster, Indiana. Quasney has been diagnosed with Stage IV cancer.

From the Advocate:

The women entered into a civil union in Illinois and married in Massachusetts in 2013, but they need their home state to recognize their marriage in order for them to receive numerous protections and benefits, including “the ability to access federal and state safety nets for surviving spouses and their children, and the right to a death certificate that accurately reflects their marriage,” notes a Lambda blog post. “Further, Ms. Quasney and Ms. Sandler frequently travel far from their home to receive medical treatment as a result of their prior experience with the local hospital suggesting it would defer to state law to determine whether a couple is married.”

Indiana law bans same-sex marriage, including recognition of such unions from other states. Unlike in some other states, though, the ban is not written into the state constitution.

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British Prime Minister David Cameron toasts the arrival of marriage equality to the UK

“The introduction of same-sex civil marriage says something about the sort of country we are. It says we are a country that will continue to honour its proud traditions of respect, tolerance and equal worth. It also sends a powerful message to young people growing up who are uncertain about their sexuality. It clearly says ‘you are equal’ whether straight or gay. That is so important in trying to create an environment where people are no longer bullied because of their sexuality – and where they can realise their potential, whether as a great mathematician like Alan Turing, a star of stage and screen like Sir Ian McKellen or a wonderful journalist and presenter like Clare Balding.

“Together we should be proud to live in a country judged to be the best place to live in Europe if you are lesbian, gay, bisexual or trans. But we should equally be far from complacent about the challenges that remain – and I am just as committed as ever to working with you to challenge attitudes and stamp-out homophobic bullying and hate crimes.

“We are a nation that is growing stronger economically because of our long term economic plan. But I hope we can also be a country that is growing stronger socially because we value love and commitment equally. Let us raise a toast to that – and all those getting married this weekend.”

– British Prime Minister David Cameron on the arrival of marriage equality to England and Wales