Tag: same-sex marriage

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North Carolina: GOP State Senator Introduces Bill To Allow Officials to Opt-Out Of Duties

Yesterday was the first day at work for the new state Assembly in North Carolina, and already high level Republican members have filed legislation that would allow state officials from performing same-sex marriages.

Republican state Senator Phil Berger filed a bill that would allow magistrate’s the ability to “opt-out” of performing same-sex marriages (and assistant and deputy registers from issuing marriage licenses) based on “sincerely held religious objections.”

To avoid the appearance of discrimination, however, such recusal would last at least six month AND those individuals would have to opt-out of any marriages, straight or gay.

Via Citizen-Times:

What we’re talking about is trying to protect or at least recognize and provide an accommodation for people who have sincerely held beliefs that are protected by the First Amendment,” Berger said in an interview with The Associated Press. “So what we’re trying to is find a balance.”

Democratic lawmakers and the gay-rights group Equality North Carolina said at a news conference such a recusal measure is discrimination in disguise against gays and lesbians.

“In North Carolina, gay marriage is legal and the magistrates who have sworn to administer these laws must do so equally and for everyone,” said Sen. Jeff Jackson, D-Mecklenburg, a former assistant district attorney. He added that as an appointed prosecutor he couldn’t choose or refuse to prosecute anyone based on personal religious beliefs.

Opponents of the bill say the legislation’s ulterior motive is clear – to discriminate against a group of citizens. Plus, it opens the door for public officials to find other ways to avoid public duties.

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Alabama: Federal Judge “Clarifies” – Same-Sex Marriage Ruling Applies To ALL Counties

When Federal Judge Granade ruled that Alabama’s ban on same-sex marriage was unconstitutional, the Alabama Probate Judge’s Association (probate judges issue marriage licenses in the state) issued an “opinion” that the ruling only applied to the plaintiffs in the case – not the entire state.

Plaintiffs ask for clarification from judge; plaintiffs get clarification from judge.

And it’s exactly what we expected. Judge Granade doesn’t suffer fools lightly.

From Judge Granade’s Clarifying Judgement today:

“Because the court has entered a stay of the Judgment in this case, neither the named Defendant, nor the Probate Courts in Alabama are currently required to follow or uphold the Judgment. However, if the stay is lifted, the Judgment in this case makes it clear that ALA. CONST. ART.I, § 36.03 and ALA.CODE § 30-1-19 are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.”

[snip]

“A clerk who chooses not to follow the ruling should take note: the governing statutes and rules of procedure allow individuals to intervene as plaintiffs in pending actions, allow certification of plaintiff and defendant classes, allow issuance of successive preliminary injunctions, and allow successful plaintiffs to recover costs and attorney’s fees.”

Should the 11th Circuit Court not issue an extended stay on the ruling, the current stay placed on the ruling by Judge Granade will expire and marriage equality will begin in Alabama on February 9th.

You can read the clarification below:

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Second Alabama Gay Couple Wins In Same-Sex Marriage Lawsuit

James Strawser (R) and John Humphrey (L)

A second Alabama gay couple has sued – and won – the right to marry.

And this time, without an attorney.

From AL.com:

U.S. District Judge Callie V.S. “Ginny” Granade, who on Friday declared the state’s ban on same-sex marriage unconstitutional, ruled on Monday in favor of James Strawser and John Humphrey in a separate case. The Alabama Attorney General’s Office immediately vowed to appeal.

Humphrey, 38, said he did not have the highest level of confidence when he and Strawser filed the federal lawsuit in September. Alabama is a conservative state, he noted, and the couple did not even have a lawyer.

“I am just ecstatically pleased. We didn’t realize it would be so soon and did not even think she would consider it,” Humphrey said. “This is the Bible Belt for Christ sake.”

As she did earlier this week, Judge Granade placed a 14 day stay on her ruling to allow the state to head to the 11th Circuit Court of Appeals for a longer stay. The state would like to hold until SCOTUS rules in June on the issue of marriage equality.

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Utah: Mormon Church Offers Support For LGBT Protections – On One Condition

At a press conference held at Mormon Church headquarters in Salt Lake City, members of the Church’s top tier promised to support anti-discrimination protections for the LGBT community – with one condition.

For their support of LGBT non-discrimination laws, the Mormon Church wants LGBT activists and the government to back off.

“When religious people are publicly intimidated, retaliated against, forced from employment or made to suffer personal loss because they have raised their voice in the public square, donated to a cause or participated in an election, our democracy is the loser,” said Elder Dallin Oaks, a member of the church’s Quorum of Twelve Apostles.

“Such tactics are every bit as wrong as denying access to employment, housing or public services because of race or gender.”

The Mormon church is one of several religious groups to complain about religious freedom coming under “attack” in recent years. The Catholic church and Southern Baptists, among other evangelicals, have sounded the alarm as well.

[snip]

“It is one of today’s great ironies that some people who have fought so hard for LGBT rights now try to deny the rights of others to disagree with their public policy proposals,” said Oaks.

While offering this conditional support, the Mormon Church says it will not change it’s position on same-sex marriage.

Openly gay state Sen. Jim Dabakis issued this statement via press release:

“I am proud that the LDS Church has seen fit to lead the way in non-discrimination. As a religious institution, Mormons have had a long history of being the victims of discrimination and persecution. They understand more than most the value and strength of creating a civil society that judges people by the content of their character and their ability to do a job.”

“Since serving as a Senator, and as the only LGBT member of the Utah legislature, I can say one of the joys of the job has been to meet and enjoy the company of LDS officials. I know that together, we can build a community that strongly protects religious organizations constitutional liberties and, in addition, creates a civil, respectful, nurturing culture where differences are honored and everyone feels welcome.”

“Now, lets roll up our sleeves, get to work and pass a statewide Non-Discrimination Bill.”

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Alabama’s Lone Gay Legislator Threatens To Out Colleagues’ Marital Infidelities

Alabama state Rep. Patricia Todd has decided she’s had enough of the grand espousing of “family values” as an attack on same-sex couples as the marriage equality issue comes to a head in her state.

Speaking to the Daily Times, Todd said:

“I will not stand by and allow legislators to talk about ‘family values’ when they have affairs, and I know of many who are and have,” Todd, the state’s only openly gay lawmaker, said on Facebook over the weekend. “I will call our elected officials who want to hide in the closet out.”

“If certain people come out and start espousing this rhetoric about family values, then I will say, ‘Let’s talk about family values, because here’s what I heard.’ I don’t have direct knowledge, because obviously I’m not the other person involved in the affair. But one thing you would never hear about me is that I ever cheated on a partner or had an affair,” said Todd.

“One thing I’m pretty consistent on is I do not like hypocrites,” she added. “If you can explain your position and you hold yourself to the same standard you want to hold me to, then fine. But you cannot go out there and smear my community by condemning us and somehow making us feel less than, and expect me to be quiet.”

After reading some anti-gay rhetoric based on “family values” attacking the recent ruling which struck down Alabama’s same-sex marriage ban, Todd issued her not-too-veiled threat.

Marriage equality is currently on hold – AGAIN – as Judge Granade issued a last minute 14 day stay on her ruling.

The Attorney General of Alabama is heading to the 11th Circuit Court of Appeals in hopes of a longer stay on the ruling.

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Alabama Attorney General Asks 11th Circuit Court To Issue Stay On Marriage Ruling

As promised yesterday, Attorney General Luther Strange of Alabama has asked the 1th Circuit Court of Appeals to issue a stay on Judge Callie Granade’s ruling which struck down his state’s ban on same-sex marriage this past Friday.

Judge Granade originally did not stay her ruling, but last night issued a 14 days stay in order to allow Strange time to appeal to the 11th.

While some observers point out that the 11th declined to issue a stay on a similar ruling in Florida just last month, Strange says the Court did not know SCOTUS would soon accept the same-sex marriage cases from the 6th Circuit for review. Thus, claims Strange, the situation is now different.

Strange would like to see Judge Granade’s ruling stayed until SCOTUS rules this summer.

Read the request to the 11th Circuit Court below:

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Marriage News Watch – January 26, 2015

From the American Foundation for Equal Rights:

• There’s a big fight underway right now in Alabama, with a Judge overturning a marriage ban and state officials refusing to obey his order to issue licenses.

• Anti-gay politicians are threatening to ban all marriage licenses if the Supreme Court rules in favor of equality.

• And one lawmaker even wants to send clerks to jail if they issue licenses to anyone — gay or straight.

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Alabama: Judge Reverses Course And Issues 14-Day Stay On Marriage Ruling

Late Sunday evening, U.S. District Judge Callie V. Granade issued a 14-day stay on her Friday ruling which struck down Alabama’s same-sex marriage ban down the state’s gay marriage ban, just hours before it went into effect.

From WIAT in Birmingham, Alabama:

The court’s ruling states that Attorney General Luther Strange (pictured) has not shown enough cause for an indefinite stay, but is allowing the Attorney General time to present his arguments to the Eleventh Circuit Court.

If the Eleventh Circuit Court fails to act during the 14-day delay, the order will be lifted February 9th.

So now, the Attorney General heads to the 11th Circuit Court (which has not addressed same-sex marriage yet) to ask for a longer or indefinite stay. Attorney General Luther Strange issued a statement saying he would have preferred to wait until SCOTUS ruled on the issue this summer, but will now have time to prepare a request to the 11th Circuit.

Amid all this, the Alabama Probate Judges Association has also thrown it’s own wrench into marriage equality by issuing an “opinion” that the ruling only refers to the plaintiffs and not state wide.

The plaintiffs have now asked Judge Granade to clarify as to the scope of the ruling in response to the Probate Judges Association.

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Louisiana Gov. Jindal Would Support Federal Same-Sex Marriage Ban

Louisiana Gov. Bobby Jindal, appearing on ABC’s “This Week,” said he would support a constitutional amendment promoted by Sen. Ted Cruz (TX) which would enable state legislatures to outlaw same-sex marriage should SCOTUS overturn various state bans.

“If the Supreme Court were to throw out our law, our constitutional amendment — I hope they wouldn’t do that — if they were to do that, I certainly will support Ted Cruz and others that are talking about making … a constitutional amendment to allow states to continue to define marriage.”

“I believe that marriage is between a man and a woman,” Jindal said. “My faith teaches me that, my Christian faith teaches me that. I’m not for discrimination against anybody. I know that many politicians are evolving, so-called evolving on this issue based on the polls. I don’t change my views based on the polls.”

The U.S. Supreme Court has agreed to hear same-sex marriage cases from the 6th Circuit Court of Appeals. A ruling is expected by June.