Tag: same-sex marriage

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Montana: Some County Clerks To “Opt Out” Of Issuing Same-Sex Marriage Licenses

While Montana celebrates the news of marriage equality coming to the state, some Yellowstone County employees are being allowed to “opt out” of issuing marriage licenses to gay and lesbian couples.

From KTVQ:

The county anticipated the ruling and the human resources department had told Clerk of District Court Kristie Boelter that employees can choose not to issue marriage licenses for religious reasons.

The County cited Title VII of the 1964 Civil Rights Act.

Part of Title VII states: “It shall be an unlawful employment practice for an employer….to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin…”

Boelter said 20 clerks work in her department and the opting out was not a problem.

She said one clerk cited religion and four others said same-sex marriage went against their morals and values.

However, Boelter said morals and values do not apply to Title VII.

While individuals can decide to not issue licenses, she said it is her duty to uphold the law.

“We all take an oath when we enter the Office of the Clerk of Courts to uphold the Constitution of the state of Montana and the Constitution of the United States of America,” Boelter said. “I have a particular clerk that has religious beliefs that would like to opt out of doing the marriage licenses and we will allow that to happen. I have enough clerks in my office to be able to accommodate that.”

I’m not so sure Title VII was meant to allow a religious exemption from doing your job as a civil employee when it comes to gays and lesbians.

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9th Circuit Court Rejects Alaska’s Request For Review Of Same-Sex Marriage Ruling

Alaska’s request for a full en banc review of the 9th Circuit Court decision which struck down the state’s same-sex marriage ban has received a big fat “no.”

In fact, not one of the 29 judges on the court asked for a vote to review the ruling.

Meanwhile, the state is currently on the hook for over $100,000 in court costs defending the unconstitutional law:

Gov.-elect Bill Walker said Thursday he plans to evaluate the case to see whether his administration will continue to defend the ban, indicating a shifting stance from before the election, when he called the current administration’s defense an “unwise” use of state money.

A spokeswoman for the Department of Law said the state had spent more than $100,000 defending against the lawsuit as of Oct. 31. The total bill could be more than $359,000.

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Lambda Legal Requests SCOTUS Review Of Louisiana Same-Sex Marriage Ruling

Lambda Legal, along with Forum for Equality Louisiana, have filed a request for review of the September US District Court ruling which upheld Louisiana’s anti-gay marriage law.

Via press release:

The groups are seeking U.S. Supreme Court review in advance of the hearing in the case, Robicheaux v. Caldwell, before the U.S. 5th Circuit Court of Appeals scheduled for January.

“The ruling from the lower court in this case is a time-warped reading of the Constitution and neglects developments in the law, including since the Supreme Court’s decision in Windsor,” said Lambda Legal Senior Counsel Kenneth D. Upton, Jr. “We have seen a blizzard of well-reasoned rulings in recent months holding similarly discriminatory bans unconstitutional, including rulings out of the Fourth, Seventh, Ninth and Tenth Circuits Courts of Appeal. We are asking for the Supreme Court’s review now while it is considering the Sixth Circuit decision because together these cases present the full gamut of aberrant arguments supporting these discriminatory bans, and, in Louisiana specifically, present in one state a case covering both the right of same-sex couples to marry, and for legally married same-sex couples to have those marriages recognized.

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Same-Sex Marriages Begin In Montana

Jill Houk, left, and Randi “Doc” Paul were the first same-sex couple married Thursday morning in Yellowstone County

Same-sex marriages began in full today in Big Sky country after U.S. District Judge Brian Morris ruled Wednesday that Montana’s constitutional amendment limiting marriage to a man and a woman violates the 14th Amendment’s equal protection clause.

Randi “Doc” Paul and Jill Houk, of Billings, were the first same-sex couple to be married in Yellowstone County.

“It’s nice not to have to say ‘my girlfriend,’” when talking about 28-year-old Paul, Houk said. “Now I can say ‘my wife.’’

Even though the ruling came late in the day on Wednesday, a few couples were able to say “I do” yesterday:

Among the first Montana couples to get their licenses Wednesday were Amy Wagner, 56, and Karen Langebeck, 48, who have been together for 22 years.

After hearing about the ruling, they got on the road to get their license.

“Being able to get married and introduce Karen as my wife — that’s a big deal. Now I have a way to describe this relationship that everybody understands,” Wagner said.

In Montana’s most populous county, Yellowstone, the clerk of the District Court said her office was ready to issue licenses.

“For my office, nothing will be different than any other day,” Kristie Lee Boelter said.

Also Thursday, the American Civil Liberties Union will hold celebrations at county courthouses in Billings, Bozeman, Butte, Great Falls, Helena and Missoula. The group will provide officiants for couples who wish to marry immediately, ACLU spokeswoman Amy Cannata said.

In spite of all the shiny happy people, Montana Attorney General Tim Fox still asserts he plans on appealing the ruling until options run out.

(source)

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SCOTUS Says ‘No’ To Stay On Same-Sex Marriage In South Carolina

In a 7-2 decision, the United States Supreme Court has decided to not issue an emergency stay in the ongoing political drama surrounding same-sex marriage, setting the stage for the marriages to begin in the Palmetto State at noon Thursday.

With that decision, South Carolina becomes the 35th state in the United States to allow same-sex couples to marry.

In a one page order, seven of the nine Supreme Court justices denied the stay, but Supreme Court Justices Antonin Scalia and Justice Clarence Thomas made a point to say they would have issued the stay.

South Carolina Attorney General released a statement shortly after the decision came down:

“When the U.S. Supreme Court. decides to consider the case, our office will be supporting the position of the Sixth Circuit Court of Appeals, which is more consistent with South Carolina State law, which upholds the unique status of traditional marriage,” the statement said.

(source)

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Montana Gov. Steve Bullock Celebrates Same-Sex Marriage Ruling

Montana Gov. Steve Bullock (D) shares his support for today’s court ruling which struck down the state’s ban on same-sex marriage.

Via press release:

“Today’s decision ensures we are closer to fulfilling our promise of freedom, dignity, and equality for all Montanans.

“It is a day to celebrate our progress, while recognizing the qualities that bind us as Montanans: a desire to make a good life for ourselves and our families, while providing greater opportunities to the next generation.

“I have instructed my administration to quickly take all appropriate steps to ensure that we are recognizing and affording the same rights and responsibilities to legally married same-sex couples that all married Montanans have long enjoyed.”

However, Montana’s Attorney General Tim Fox does not share his governor’s enthusiasm. Not a supporter of marriage equality, he compared same-sex marriage to incest and polygamy in a brief filed with this case. The Republican has already said he plans to appeal:

“It is the attorney general’s sworn duty to uphold and defend Montana’s constitution until such time as there is no further review or no appeal can be made in a court of law,” Fox said. “Fulfilling that duty, the state of Montana will appeal this ruling in light of the fact that there are conflicting federal court decisions and no final word from the U.S. Supreme Court.”

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Same-Sex Marriage Ban in Montana Struck Down

U.S. District Court Judge Brian Morris has just ruled in favor of same-sex marriage in Montana, striking down the ban on marriage between same-sex couples in the state.

The ruling comes as no surprise in that Montana is under the 9th Circuit Court of Appeals jurisdiction, which recently struck down similar marriage bans in Idaho and Nevada.

Morris did not stay his decision and ordered the state to stop enforcing Montana law banning same-sex marriage immediately.

By my count, Montana becomes the 34th state to have marriage equality, with South Carolina to officially become #35 tomorrow, although some marriages have already taken place today in the Palmetto State.

From Freedom To Marry:

This ruling was in the case Rolando v. Fox, a federal legal case involving four couples, filed by the American Civil Liberties Union of Montana. The couples are Angie and Tonya Rolando, Shauna and Nicole Goubeaux, Ben Milano and Chase Weinhandl, and Sue Hawthorne and Adel Johnson. These couples were either married outside of Montana and denied respect in the state, or want to get married in the state.

From the ruling from Judge Morris:

These families want for their children what all families in Montana want. They want to provide a safe and loving home in which their children have the chance to explore the world in which they live. They want their children to have the chance to discover their place in this world. And they want their children to have the chance to fulfill their highest dreams.

These families, like all of us, want their children to adventure into the world without fear of violence; to achieve all that their talent and perseverance allows without fear of discrimination; and to love themselves so that they can love others. No family wants to deprive its precious children of the chance to marry the loves of their lives.

Montana no longer can deprive Plaintiffs and other same-sex couples of the chance to marry their loves.

You can read the ruling in it’s entirety below:

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First South Carolina Same-Sex Marriages Performed Today

Although the stay on the recent court rulings which cleared the way for same-sex marriage in South Carolina doesn’t expire until Noon tomorrow, the kids in SC are already getting hitched.

Congratulations South Carolina!

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Same-Sex Marriage To Begin Thursday In South Carolina After 4th Circuit Denies Stay

This Thursday at noon same-sex marriage will come to South Carolina now that the 4th Circuit Court of Appeals rejected the state’s request for a stay.

Last week, US District Judge Richard Mark Gergel struck down the ban. South Carolina Attorney General Alan Wilson filed an emergency stay request asking for the court’s order to be halted pending an appeal to the full Fourth Circuit.

The entirety of today’s 2 sentence order:

“Upon consideration of submissions relative to appellant’s motion for stay pending appeal, the court denies the motion and denies the alternate request for a temporary stay.

“Entered at the direction of the panel: Judge Traxler, Judge Motz, and Judge Thacker.”

Late Tuesday night Attorney General Alan Wilson headed to SCOTUS to file for an emergency stay on the ruling. It’s unlikely to happen though, so I’m still expecting marriage equality to come to South Carolina Thursday at noon.