Kansas Supreme Court Clears The Way For Same-Sex Marriage

The Kansas state Supreme Court on Tuesday evening lifted its hold on marriage licenses to same-sex couples in Johnson County.

The justices last month blocked such licenses while reviewing a petition from Kansas Attorney General Derek Schmidt.

As I reported earlier today, only a handful of county clerks were issuing marriage licenses to same-sex couples while the majority waited on “further guidance” from the state Supreme Court.

Hopefully, this is the “guidance” those clerks need 🙂

UPDATE: Even after the state court issued it’s ruling, some counties are still not issuing licenses.

Equality Kansas has listed the 19 counties currently allowing gay and lesbian couples to marry on their Facebook page.

(source)

Some Confusion Remains As Same-Sex Marriages Begin In Kansas

Although the US Supreme Court lifted the stay on US District Judge Daniel Crabtree’s ruling last Wednesday which allows for same-sex marriage to begin in Kansas, only a handful of county clerks are issuing licenses.

Attorney General Derek Schmidt has stated that, in his opinion, the ruling only applies to two counties where two couples were denied marriage licenses.

However, Judge Crabtree’s ruling was directed at the defendant in the case, Robert Moser, M.D., in his official capacity as Secretary of the Kansas Department of Health and Environment and did not name specific counties in his ruling.

From the Washington Post:

“There’s a lot of frustration and impatience,” Thomas Witt, executive director for Equality Kansas, told The Washington Post.

Witt said he knows of at least six counties issuing marriage licenses. Others are accepting applications but refusing to issue licenses, while others are refusing to accept applications altogether.

Jennifer Rapp, a spokesperson for Kansas Attorney General Derek Schmidt, said his office has asked the Kansas Supreme Court “to provide further guidance to the district courts in light of the federal preliminary injunction.”

“We are awaiting a decision on this case,” Rapp said in an email.

“I think the Kansas attorney general has abdicated his responsibilities,” Witt said. “If anybody is causing chaos and confusion … it’s the Kansas attorney general.”

Texas: Campaign Launched To Highlight Support For Marriage Equality

Freedom to Marry, in partnership with Equality Texas, today launched a public education campaign to amplify the bipartisan momentum for the freedom to marry in the Lone Star State.

The campaign, called Texas for Marriage, will highlight that support as well as the continued harms that committed gay couples face everyday until the state’s marriage case, DeLeon v Perry, is decided by the 5th Circuit Court of Appeals early next year.

“Nearly every state and federal court from last year on, more than 50 — with judges appointed by Republican and Democratic presidents and governors — has ruled in favor of the freedom to marry and moving the country forward,” said Evan Wolfson, president of Freedom to Marry.

“Texas families should not be left behind. Government has no business interfering in important freedoms like who Texans marry, and no business putting obstacles in the path of families and employers trying to do the right thing. Our new campaign will show that Texans are ready for the freedom to marry, and so is America.”

The website features essay and interviews with equality supporters, as well as information like the economic impact same-sex marriage would have on the Texas economy ($182 million, don’t you know?).

Check out the website here.

Human Rights Campaign In Mississippi – “All God’s Children”

The Human Rights Campaign shares this 2nd installment in their campaign – All God’s Children – a public education and engagement campaign that aims to strengthen the foundation of public support for LGBT Mississippians.

The goal is to aid in the passage of pro-equality legislation, and bolster efforts to win marriage equality for Mississippi’s LGBT couples.

In addition, the HRC also has a program called “Project One America” targeting Arkansas, Alabama and Mississippi with a comprehensive, multi-year campaign to dramatically expand LGBT equality in the South.

ACLU Files Legal Challenge To Nebraska’s Same-Sex Marriage Ban

Today, the ACLU is filing a lawsuit on behalf of seven long-term LGBT couples seeking state recognition of their unions.

Six of the couples have been married in other states where marriage is now legal.

The case of Sally and Susan Walters makes clear the obstacles Nebraska’s marriage ban puts in front of the state’s LGBT families. Sally is especially concerned with the aspect of time as she has been diagnosed with terminal breast cancer:

“It’s a fairly gloomy outcome that I’ve got ahead of me,” said Sally. “That made it extra clear that not having our marriage recognized in Nebraska was going to be a hardship for our family.”

When Sally dies, her partner will not be eligible for Social Security benefits to take care of their three children, Also, Nebraska’s inheritance tax could cause financial stress for the family as well; it’s a whooping 18% for non-relatives but just 1% for spouses. The couple, who’ve been together for more than 20 years, are hoping that with recent rulings across the country and at the Supreme Court, this time their effort will be successful before their time runs out.

GOP Gov. Dave Heineman says he will fight any attempts to overturn the ban:

“Let me also remind everybody, marriage has always been a state’s issue,” he said today in response to the ACLU filing. “We should reflect the values and beliefs of the citizens of Nebraska, which I have absolutely no doubt remains firmly committed that marriage is between a man and woman.”

A challenge to the marriage ban was heard in 2004 by US District Judge Bataillon, the same judge who will hear this case. At the time, Judge Bataillon ruled against the ban but state officials appealed to the 8th Circuit which upheld the ban at that time.

Kentucky and Michigan follow Ohio and Tennessee with SCOTUS Filings For Same-Sex Marriage Review

Following the petitions filed on Friday by Ohio and Tennessee, the plaintiffs in the Kentucky and Michigan same-sex marriage cases – which recently saw their respective state’s bans upheld by the 6th Circuit Court of Appeals – have filed requests with SCOTUS for review of that 6th Circuit anti-equality ruling.

SCOTUS is highly expected to take up at least one if not all cases now that there is disagreement among federal appellate courts on marriage equality.

Stay tuned.

Michigan: State’s Lawyers Move To Invalidate Over 300 Same-Sex Marriages

Attorneys for the state of Michigan argued on Friday that a federal appeals court ruling last week that upheld the state’s ban on same-sex marriage invalidates the unions of 300 same-sex couples who were married earlier this year.

The couples received marriage licenses in March when U.S. District Judge Bernard Friedman first struck down the ban, and before the ruling was stayed.

On November 6, the U.S. Court of Appeals for the Sixth Circuit upheld Michigan’s same-sex marriage ban, and similar bans in three other states. The plaintiffs in those cases are filing appeals with the US Supreme Court.

From the state’s six page brief:

“Consequently, from a legal standpoint, because the marriages rested solely on the district court’s erroneous decision, which has now been reversed, it is as if the marriages never existed, and Plaintiffs’ requests for benefits attendant to a legal marriage must be denied.”

The federal government has announced the marriages will be recognized for the purposes of social security, immigration status and other benefits.

Marriage News Watch – November 17, 2014

• Marriage has started in Kansas, and a judge has overturned a ban in South Carolina but you still can’t get married there yet.

• The lawyer who got DOMA overturned is now taking on Mississippi’s marriage ban.

• A few states are taking a closer look at overturning marriage bans at the ballot or in the legislature, just in case the Supreme Court doesn’t come through for us.

For more info, head over to the American Foundation for Equal Rights.

Former French President Sarkozy Calls For Repeal Of Marriage Equality

Nicholas Sarkozy, the former president of France, has called for the repeal of same-sex marriage in France.

It’s worth noting that Sarkozy has been married three times (sanctity of marriage my ass…), and in July of this year was arrested and charged with corruption on allegations that he interfered with an investigation seeking to prove that he “received up to €50 million in illegal campaign financing from the late Libyan dictator Muammar Gaddafi.”

Just the kind of person you want to represent you and your concerns, right?

Sarkozy is campaigning to lead the opposition centre-right UMP party and is expected to run again for president in 2017.

Referring to the “mariage pour tous” or “marriage for all” legislation passed by France’s Socialist government last year, he said it needed “rewriting from top to bottom”.

Sarkozy also opposes surrogate parenthood for gay couples which is currently illegal in France.

The former president has been critical of same-sex marriage in the past saying it was “humiliating families and humiliating people who love the family”, but it is the first time he has called for its repeal.

A recent Ifop poll shows 68% of respondents supported same-sex unions and 53% supported adoption by same-sex couples, which is illegal in France.

(source)

My First Same-Sex Wedding In Nevada

Before the big event! Top L to R – Greg Chase, Michael Caprio, me, Jeff Pressner, Mindy and Gia

What a terrific afternoon on the Las Vegas Strip where I attended my first same-sex marriage in Nevada since marriage equality has come to the state.

Our dear friends Mindy and Gia had a fun, fab, intimate ceremony in a suite on the top floor of the Flamingo Las Vegas conducted by our partner-in-crime and Las Vegas’ favorite wedding officiant Greg Chase.

Gia and Mindy do everything first class, so a great time was had by all. How wonderful that couples can celebrate these life events so openly and freely and LEGALLY now 🙂

Congrats to the fab couple! Thanks for letting us share your day!

A Tiffany cake? – is that cool or what?

Gia and Mindy receiving even more flowers, these from none other than Olivia Newton-John