NOM’s Brian Brown Declares War On GOP Sen. Rob Portman

NOM’s Brian Brown

Anti-gay spokesman Brian Brown has declared war on Republican Sen. Rob Portman, who, after his gay son came out in 2013, said he supports marriage equality.

Brian Brown isn’t having any of that:

“Rob Portman can forget about getting elected President of the United States. If he runs we will make sure that GOP primary voters are aware of his desire to redefine marriage and his willingness to see federal judges set aside the votes of 50 million Americans who enacted marriage amendments across the country because his son is gay.

“Rob Portman’s son has a right to live as he chooses, but that does not give his father the right to redefine marriage. The same voters who just elected pro-marriage candidates like Joni Ernst, Tim Scott, Tom Cotton, Pat Roberts and Thom Tillis are not going to support someone like Rob Portman.”

Just another day in the mind of the haters…

Kansas Receives Stay From SCOTUS On Same-Sex Marriage Ruling – For Now

Today, the state of Kansas just requested an emergency stay on same-sex marriages in the state of Kansas pending the hearing of their appeal.

Kansas, being under the jurisdiction of the 10th Circuit Court, refers such requests to Justice Sonia Sotomayor. And she has given the state the requested stay but included the phrase “until further ordered.” So, upon further review she, or the entire Supreme Court, could revoke the stay.

Marriages were due to commence statewide at 5PM tomorrow.

Sotomayor also called for a response to Kansas’ request by 5PM tomorrow in her order today.

Many states have requested and received such stays regarding same-sex marriage as the issue has continued to march across America.

Read more at Buzzfeed.

Marriage News Watch – November 10, 2015

From the American Foundation for Equal Rights:

• Two judges in the Sixth Circuit just ruled against equality, which sets us up for a Supreme Court ruling in the coming months.

• No sooner did the Sixth Circuit uphold marriage bans than a judge in West Virginia issued a ruling of his own, explaining why they’re wrong.

• Plus, judges overturned marriage bans in Kansas and Missouri, with some complicated rules about who can get married and when.

Westboro Baptist Church Gets Denied In Request To Intervene In Kansas Marriage Equality Case

Virulently anti-gay Westboro Baptist Church filed a request to intervene in the marriage equality case in Kansas.

And the court has sent back as it’s reply a big, fat “nope.”

Judge Crabtree denied the request, but allowed the church to file an amicus brief in the case. The judge did, however, point out that repeating already stated arguments need not be reintroduced in said brief.

Slam!

10th Circuit Court Says “No” To Same-Sex Marriage Ruling Stay In Kansas

In the aftermath of U.S. District Judge Daniel Crabtree’s ruling earlier this week striking down Kansas’ ban on gay marriage, the state requested an extension on the stay placed on the ruling.

The 10th Circuit Court has come back with a big, fat “No” as their response. From the ruling:

The district court granted preliminary injunctive relief to plaintiffs on November 4, enjoining defendants from enforcing or applying Kansas constitutional and statutory provisions that prohibit issuance of marriage licenses to same-sex couples.

The district court then stayed its injunctive order until 5:00 p.m. on November 11.

Defendants immediately appealed the preliminary injunction ruling and also filed an emergency motion pursuant to 10th Cir. R. 8.1, asking this court to stay the district court’s injunctive order pending their appeal of the ruling.

We conclude that defendants have failed to make the showings necessary to obtain a stay, and we deny the emergency motion for a stay pending appeal.

We note that the district court’s temporary stay of its own preliminary injunction order remains in effect until 5:00 p.m. CST on November 11, 2014.

Bolding is mine.

The only thing that can stop gay marriage from beginning after 5PM on Tuesday in Kansas is a stay issued by SCOTUS.

And, unfortunately, I have a sense that’s exactly what will happen.

U.S. Supreme Court Justice Sonia Sotomayor oversees the 10th Circuit goings-ons. A request for stay to SCOTUS would go to her. She could decide on the request herself, or hand it to the full SCOTUS to either stay the ruling or not.

Plaintiffs In 6th Circuit Court Marriage Ban Ruling Look To SCOTUS

According to Buzzfeed’s Chris Geidner, all sets of plaintiffs from yesterday’s 6th Circuit ruling upholding bans on same-sex marriage have conferenced and the decision is to unanimously head to the US Supreme Court.

Abby Rubenfeld, the lead lawyer for the Tennessee plaintiffs, updated BuzzFeed News about Friday’s call with the counsel from all four states.

“We just had a conference call with the attorneys from all four Sixth Circuit states on the marriage cases. We were all in agreement to apply for certiorari at the supreme court, and not to first seek en banc review in the Sixth Circuit,” she explained. “Given the significance of the issue, the reality that it will end up in the Supreme Court ultimately, and the harms that all of our clients are suffering each day that their marriages are not recognized, we want to get to the Supreme Court sooner rather than later.”

“We hope to file within two weeks, and hopefully sooner, so that we can still be on the docket for this term—which means resolution by june 30, 2015,” she added.

Federal Judge Strikes Down Missouri Same-Sex Marriage Ban

One day after the 6th Circuit Court of Appeals upheld anti-gay marriage laws in Ohio, Michigan, Kentucky and Tennessee, a federal judge in Missouri has ruled the same-sex marriage ban in that state is unconstitutional.

From Freedom To Marry:

Today, November 7, U.S. District Court Judge Ortrie D. Smith ruled in favor of the freedom to marry in a federal case from Missouri, striking down the state’s marriage ban and paving the way for the freedom to marry to begin in the Show Me State.

The state of Missouri could appeal the decision to the U.S. Court of Appeals for the 8th Circuit – but the Attorney General and Governor, who support the freedom to marry, could also allow the ruling to stand. Stay tuned.

You can read the full ruling here.

UPDATE: Missouri Attorney General issued a statement saying the ruling will be appealed to the 8th Circuit Court of Appeals.

ACLU Will Appeal 6th Circuit Court Same-Sex Marriage Ruling To SCOTUS

From Chase Strangio, staff attorney in the ACLU Lesbian Gay Bisexual and Transgender Project:

“This decision is an outlier that’s incompatible with the 50 other rulings that uphold fairness for all families, as well as with the Supreme Court’s decision to let marriage equality rulings stand in Indiana, Wisconsin, Utah, Oklahoma, and Virginia.

“It is shameful and wrong that John Arthur’s death certificate may have to be revised to list him as single and erase his husband’s name as his surviving spouse.

“We believe it’s wholly unconstitutional to deny same sex couples and their families access to the rights and respect that all other families receive.

“We will be filing for Supreme Court review right away and hope that through this deeply disappointing ruling we will be able to bring a uniform rule of equality to the entire country.”

(via press release)

Sixth Circuit Court of Appeals Upholds Same-Sex Marriage Bans In Michigan, Kentucky, Ohio, Tennessee

The U.S. Court of Appeals for the Sixth Circuit has just issued a ruling upholding the bans on same-sex marriage in Michigan, Kentucky, Ohio, and Tennessee.

The oral arguments, held on August 6th, looked as if this might be the case. The ruling comes as a split 2-1 decision, with Circuit Judge Jeffrey Sutton writing the majority opinion. Sutton was widely viewed as the “swing vote” among the three judges who heard oral arguments.

The 4th, 7th, 9th and 10th Circuit Courts of Appeal have all ruled that bans on same-sex marriage are unconstitutional.

The US Supreme Court recently declined requests for appeal from Oklahoma, Utah and Virginia. Justice Ginsburg later said that since all federal appellate courts were in agreement, there was no pressing need for SCOTUS review. The ruling today makes it much more urgent for SCOTUS to weigh in now that the 6th Circuit becomes the first federal appellate court to disagree with prior appeals court rulings.

At present, 33 states plus the District of Columbia have marriage equality.

More soon. Read the ruling below:

Ireland: LGBT Advocates Launch Campaign To Register Young Voters For Marriage Equality

The Gay and Lesbian Equality Network, the Irish Council for Civil Liberties, and Marriage Equality Ireland and LGBT charity BeLonG To have released this ad targeting young voters, urging them to register to vote by November 25th so they can take part in a historic vote to bring marriage equality to the Republic of Ireland.

Via Pink News:

Michael Barron of BeLonG To said: “We know that Ireland is ready for this change and that Irish young people really want a fair and equal society.

“Irish young people have always been agents for progressive change and today we are reaching out to all young adults aged 18-25 to say – this is your opportunity to create the society the you want – this is your generation’s decision.

“By registering to vote by 25th November and coming out to vote for civil marriage equality you will help our country turn over a new leaf and create the modern society that you deserve and can be proud of.”

Early polls show strong support for marriage equality in Ireland.