Tag: same-sex marriage

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Ohio: Same-sex married couples allowed to be designated on death certificates

Ohio couple John Arthur and Jim Obergefell marry in Maryland

In a narrow but important ruling, a federal judge has issued a decision saying married same-sex couples in Ohio have a right to be designated as such on death certificates.

In his decision Monday, Judge Timothy Black orders state officials to recognize such unions on death certificates. Although his ruling applies narrowly, his statements about Ohio’s gay-marriage ban are sweeping and expected to incite further litigation challenging the law.

In his lengthy decision, the Cincinnati-based judge says that “once you get married lawfully in one state, another state cannot summarily take your marriage away.”

He says the U.S. Constitution recognizes the right to remain married as a fundamental liberty.

Black’s decision stems from a lawsuit filed in July by two gay Ohio men whose spouses recently died and wanted to be recognized on their death certificates as married.

So basically, if you’re a gay couple that’s married, Ohio has to recognize that once you’re dead.

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Tenth Circuit of Appeals Court refuses to issue stay on marriage equality in Utah

On Sunday, the United States Court of Appeals Tenth Circuit denied Utah Gov. Gary R. Herbert’s request seeking an Emergency Motion for Temporary Stay following a federal judge’s ruling that struck down Utah’s ban on same-sex marriage.

U.S. District Court Judge Robert J. Shelby ruled Friday in a lawsuit brought by two gay men that Utah state law violates their right to equal protection and due process under the U.S. Constitution.

According to the documents, the filing for an Emergency Motion for Temporary Stay did not address nor satisfy the factors that must be established to be entitled to a stay pending an appeal. The denial is without prejudice if the defendants-appellants file a motion for stay pending appeal that complies with regulations.

U.S. District Court Judge Robert Shelby has scheduled a hearing Monday at 9 a.m. on the state’s request to halt same-sex marriages, and pro same-sex marriage groups in Utah encouraged people to take advantage of the limited window in which marriage licenses were guaranteed to be granted in several counties.

In a post on their Facebook page, Equality Utah said, “Worst case scenario we will only have 1 hour in which marriages can be performed by the respective county clerks.”

In the post titled, “Everything you need to know about getting married tomorrow morning” Equality Utah said they had confirmed that Salt Lake and Weber county clerks would be open and ready to marry people “exactly at 8am”. The post advised couples to download and fill out their applications online ahead of time to expedite the process.

Many legal experts predict Judge Shelby will not issue a stay on his ruling.

(source)

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Utah: Emergency stay on marriage equality ruling filed

Even as same-sex couples in Utah lined up until late in the evening to get a marriage license minutes after Judge Robert J. Shelby declared the state’s ban on gay marriage unconstitutional, the state requested an emergency stay and filed a notice of appeal:

The state filed a notice of appeal late Friday and was working on a request for an emergency stay that would stop marriage licenses from being issued to same-sex couples.

“It will probably take a little bit of time to get everything in place,” said Ryan Bruckman, a spokesman for the attorney general’s office. Bruckman said the judge told the attorney general’s office that it would be a couple of days before he would review any request for an emergency stay.

The Attorney General’s office also released a statement that said, “The federal district court’s ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit. The state is requesting an emergency stay pending the filing of an appeal. The Attorney General’s Office will continue reviewing the ruling in detail until an appeal is filed to support the constitutional amendment passed by the citizens of Utah.”

(source)

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Utah: Federal Judge state ban on marriage equality unconstitutional

A federal judge in Utah Friday struck down the state’s ban on same-sex marriage, saying the law violates the U.S. Constitution’s guarantees of equal protection and due process.
“The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason,” wrote U.S. District Court Judge Robert J. Shelby. “Accordingly, the court finds that these laws are unconstitutional.”
Shelby said that while he agreed with Utah that marriage has traditionally been left to regulation by the states, such laws must comply with the Constitution.
“The issue the court must address in this case is not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution,” the judge said.

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Ohio: Big shift in support for marriage equality

A new poll shows big shift in support for marriage equality in Ohio over the past ten years:

In 2004, 62 percent, of those voting, supported a constitutional amendment in Ohio to ban same-sex marriage.  The latest poll shows 56 percent of Ohioans support a new amendment that would allow same-sex marriages but also allow “houses of worship the right to refuse to marry a same sex couple.”

The poll, conducted by Public Policy Polling (PPP), tested the full text of the amendment, allowing respondents to evaluate the importance of the amendment’s religious freedom protections.

Read more here.

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New Mexico: State Supreme Court unanimously rules in favor of marriage equality

http://www.freedomtomarry.org/blog/entry/new-mexico-supreme-court-affirms-the-freedom-to-marry-state-wide

The New Mexico Supreme Court legalized same-sex marriage in the state Thursday, declaring in a unanimous ruling that it is unconstitutional to deny a marriage license to gay and lesbian couples.

New Mexico becomes the 17th state along with the District of Columbia in allowing gay marriage.

From the State Supreme Court ruling:

Prohibiting same-gender marriages is not substantially related to the governmental interests advanced by the parties opposing same-gender marriage or to the purposes we have identified. Therefore, barring individuals from marrying and depriving them of the rights, protections, and responsibilities of civil marriage solely because of their sexual orientation violates the Equal Protection Clause under Article II, Section 18 of the New Mexico Constitution.

We hold that the State of New Mexico is constitutionally required to allow same-gender couples to marry and must extend to them the rights, protections, and responsibilities that derive from civil marriage under New Mexico law.

From Freedom to Marry:

“The New Mexico Supreme Court did the right thing today by affirming fairness, freedom, and respect for same-sex couples who hope to share in the joy of marriage.

“The clarity of today’s ruling ensures that the freedom to marry, and the protections that come along with it, are guaranteed for loving and committed same-sex couples in the Land of Enchantment.”

From the Human Rights Campaign:

“The court is entirely correct that denying lesbian and gay couples the same rights as everyone else is fundamentally unjust,” said HRC President Chad Griffin. “Regardless of where you live, all people should have the ability to marry the person they love, and now the legislature must not do anything to turn back the clock in the Land of Enchantment.”

Read the entire decision from the New Mexico State Supreme Court below:

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Short film: “Jonathan & Dwayne: A Story About Love”

The first date, marching openly for the first time in the San Diego Gay Pride Parade, the moment Senior Chief Dwayne Beebe-Franqui proposed to husband Jonathan Beebe-Franqui and the day they said “I do,” all get screen time as this short film.

Jonathan & Dwayne: A Story About Love recounts one couple’s search for happily ever after.

Watch the video below.

Jonathan & Dwayne | A story about love. from Celia Hilton on Vimeo.

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Same-sex marriage to begin March 29, 2014 in England and Wales

Same-sex marriages will begin in England and Wales on March 29, 2014 – earlier than expected.

From BBC News:

Initially it was thought the first same-sex marriage in England and Wales would not take place until the summer.

Couples wishing to be among the first to marry will need to give formal notice of their intention to marry on 13 March.

It comes after the government’s controversial legislation on the issue received Royal Assent in July.

The Conservative, Labour and Liberal Democrat leaderships all backed the proposals.

BBC political correspondent Norman Smith says it is understood the government, following the passing of the Marriage (Same-Sex Couples) Act, has been able to put in place the necessary arrangements much faster than previously thought.