Tag: same-sex marriage

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Montana Newspaper To Attorney General On Same-Sex Marriage: “Accept The Inevitable”

Montana’s Great Falls Tribune posted an op-ed today in support of marriage equality in the state and urging Attorney General Tim Fox to “accept the inevitable” and stop defending the discriminatory law:

One after another, federal appeals courts, including the 9th Circuit that covers Montana, have thrown out gay marriage bans in other states, and Montana’s position will be overturned. Why? Because that stance discriminates against gays, lesbians and others. It is unfair to these folks, regardless of some Americans who disapprove of their sexual orientation.

The issue of homosexuality and marriage was easier to deal with when some researchers and, frankly, charlatans tried to prove that people could be cured of their gay nature. In recent decades, science indicates that sexual orientation is more likely to be based in a person’s genetic makeup.

U.S. District Judge Brian Morris will hear arguments Nov. 20 on a motion for summary judgment in a case filed this spring by four gay couples. We’d like to see [AG Tim] Fox at that hearing accept the inevitable and agree with the motion.

It’s time for the state of Montana to quit wasting taxpayers’ money and to accept gay marriage in Montana, even if churches can go their own way on this matter. Some people still want to make political points with this issue, but we say, it’s too late for that. It’s all over. Montana law should allow people committed to each other, whether straight or gay, to make their relationship legal and lasting.

(h/t JMG)

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Kansas: Anti-Gay Wackadoos Phillip and Sandra Unruhs File Amicus Brief In State Marriage Case

Click pic to enlarge

Last week, Kansas wackjobs Phillip and Sandra Unruhs were quickly swatted away after their attempt to intervene in the Kansas marriage equality case where they tried to say giving equal rights to gay and lesbian couples was tantamount to STEALING it from straight couples like themselves.

The judge quickly dismissed that weak assertion.

However, the Unruhs were allowed to file an amicus brief in support of denying gays the right to marry, and so today, we have their masterpiece of a brief.

Included in the 8 page filing are statements to the effect that:

• Since the Plaintiffs are lesbians, any ruling should not affect male same-sex couples
• Giving marriage rights to same-sex couples would discriminate against opposite-sex couples based on sex
• Marriage equality would result in the taking of property rights of heterosexual couples in violation of the 5th and 14th Amendments

It’s not a long read, but pretty fascinating in it’s illogic.

See the brief below:

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Fifth Circuit Court of Appeals Sets January Date for Texas’ Same-Sex Marriage Appeal

The 5th U.S. Circuit Court of Appeals has tentatively scheduled oral arguments for the week of Jan. 5 in a lawsuit challenging Texas’ same-sex marriage bans.

In February, U.S. District Judge Orlando L. Garcia struck down the marriage bans as unconstitutional in DeLeon v. Perry. However, Garcia stayed his decision pending an appeal, and Attorney General Greg Abbott appealed it to the 5th U.S. Circuit Court in New Orleans.

The Texas case will be heard the same week as another marriage case from Louisiana, which is also in the 5th Circuit.

In September, U.S. District Judge Martin Feldman upheld Louisiana’s marriage ban in Robicheaux v. Caldwell, becoming the first federal judge to uphold marriage discrimination since June 2013.

(from Lone Star Q)

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Kansas Couple Denied Intervention On Same-Sex Marriage Law Suit Based On “Theft of Marriage”

Sandra and Phillip Unruh of Kansas

A married couple in Kansas, Phillip and Sandra Unruh, has filed for and been denied the opportunity to intervene in the state’s same-sex marriage lawsuit.

In what was a very “unlikely to succeed” strategy, the Unruhs filed a brief saying that allowing same-sex couples to marry is “deeply disturbing,” “inflicts profound harm” on them, and is tantamount to a literal theft of their own marriage.

In other words, the Unruhs claim is that “marriage” is for straight people and giving it to gays means stealing it from heterosexuals.

From KCWH:

A Harper, Kansas couple is upset after a judge said they can’t be a part of a same-sex marriage lawsuit filed earlier this month. The judge claimed they could not be parties in the casebecause their views will be represented. So now, they’re writing an amicus brief to have their opinions heard.

“We were disappointed that we weren’t allowed to become parties in the court case but we are also excited about the fact that the judge invited us to file an amicus brief which means friend of the court,” Phillip Unruh said. “It means the judge has allowed us into the court case and will consider our written arguments.”

As thrilled as Phillip Unruh may be, just about anyone can file an amicus brief.

The judge in the case gave the Unruhs until 5pm tomorrow to file their amicus brief.

Can’t wait for that one!

In related news, the crackpots over at Westboro Baptist Church (located in Kansas) have filed a similar request to intervene in the state’s marriage equality fight.  Expect a similar rebuke from the court on that one, too.

Here’s the judge’s denial of intervention below:

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Marriage News Watch – October 27, 2014

From the American Foundation for Equal Rights:

The number of states with marriage has gone up yet again this week. Only a handful of states are stil trying to defend their marriage bans, and they’re quickly running out of ways to delay their inevitable loss.

A straight couple in Kansas has filed a new anti-gay lawsuit, and it’s nuts.

A federal judge just ruled against the freedom to marry, but his decision has virtually no chance of being upheld.

Plus, there’s a powerful new lawsuit in Mississippi.

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Same-Sex Marriage Plaintiffs Honored As Grand Marshals In Key West Fantasy Fest Parade

This year’s parade grand marshals for the Fantasy Fest Parade, Aaron Huntsman and William Lee Jones, won a landmark court ruling overturning Florida’s statewide same-sex marriage ban for Florida Keys residents. A subsequent appeal by Florida Attorney General Pam Bondi means they still can’t marry, but their parade float proclaimed their desire to tie the knot.

“Our float was designed for us. It’s a wedding cake with the rainbow over top of it symbolizing the marriage equality that we’re aiming for,” said Jones, who rode atop the float with Huntsman while 33 other couples in wedding attire marched beside it.

“I hope that our appearance as grand marshals of Fantasy Fest will show the rest of the state, and our state attorney general and our governor, that we’re all one human family and that we need equality now,” said Huntsman. “And no more wasting taxpayers’ money. Let’s get it done.”

More than 50,000 spectators, some dressed in flamboyant costumes lined Key West’s downtown streets for the procession of more than 40 motorized floats and costumed marching groups.

(via press release)

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Florida: Same-Sex Marriage Will Not Skip Directly To State Supreme Court

Florida Attorney General Pam Bondi

First, Florida Attorney General Pam Bondi asked courts in Florida to hold on any legal action regarding same-sex marriage because she hoped the US Supreme Court would handle the issue and she wouldn’t have to get her hands dirty.

Then, when SCOTUS declined to review any of the appellate court cases sent their way, Bondi asked to take the issue in Florida straight to the state Supreme Court, skipping the normal appeals court route.

She got a big fat ‘no’ on Friday.

From the Miami Herald:

The 3rd District Court of Appeal on Friday indicated it will likely rule itself on previous decisions striking down the Miami-Dade and Monroe counties bans.

Several Florida judges ruled this summer that Florida’s ban is unconstitutional but stayed their rulings until other cases around the country were resolved, including those pending with the U.S. Supreme Court. It recently declined to hear appeals from five states that sought to keep their marriage bans in place. The American Civil Liberties Unions, and attorneys for the couples in Miami-Dade and Monroe counties then sued to overturn the stay.

Should Bondi and the state of Florida lose in the District Court of Appeals (which she will), she will then be able to file another appeal with the state Supreme Court.

Dragging this whole thing out when we can all see the end game already…

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Florida Attorney General Pam Bondi Files Opposition To Lifting Stay On Same-Sex Marriage Ruling

Florida Attorney General Pam Bondi

As expected, Attorney General for Florida – Pam Bondi – has filed a brief in opposition of lifting a stay on a ruling which would allow same-sex marriage to begin.

The stay in question was set to expire today. Bondi filed at pretty much the last minute.

From Equality Florida:

Earlier this month the US Supreme Court paved the way for marriages for same-sex couples to commence in 13 states by refusing to hear appeals of five circuit court rulings that found state bans unconstitutional. The ACLU and lawyers for plaintiffs in a concurrent case immediately asked Judge Hinkle to lift the stay he put in place in January when he declared the ban a violation of equal protection and due process.

On two occasions in the past month, the United States Courts for the 9th Circuit lifted a stay while decisions on marriage equality in Idaho and Alaska are appealed. The U.S. Supreme Court also refused to order the court to keep the stay in place while appeals continue, despite appeals from the defense. Both the Circuit Court and the U.S. Supreme Court stated that they will not make couples wait to marry while appeals are pending.

“Even if she continues to pursue an appeal, Attorney General Bondi should not hold our state and our families hostage by calling for the stay to remain in place. Should she choose to appeal, let her follow the lead of the 9th Circuit and the U.S. Supreme Court and allow marriages to commence. Every day that Floridians are denied access to the protections only marriage can provide, our families suffer,” added Smith.

See the full brief below:

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Arkansas Supreme Court To Hear Oral Arguments In Same-Sex Marriage Suit November 20th

The Arkansas Supreme Court has set November 20th as the date it will hear arguments concerning a challenge to the state’s gay marriage ban.

From Buzzfeed’s legal eagle Chris Geidner:

This is in addition to another case regarding marriage equality, which will also be heard on the same day in Arkansas by a federal judge.

AND – a hearing for summary judgement in Montana’s gay marriage battle is also scheduled for November 20th.

Looks like a busy day for folks come the 20th.

(via Towleroad)

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Nevada Gov. Sandoval Opposes Attempts To Re-Ban Same-Sex Marriage

Nevada Gov. Brian Sandoval (R)

Even before the 9th Circuit Court of Appeals struck down Nevada’s same-sex marriage ban, Republican Gov. Brian Sandoval had made clear that he would not appeal the ruling should the anti-gay law be found unconstitutional.

Sandoval and the state’s Attorney General didn’t even defend the law in the 9th. Due to “heightened scrutiny” required in cases involving sexual orientation, he and AG Catherine Cortez Masto admitted the law could not be defended.

True to his word, when the unanimous ruling was handed down by the 3 judge panel of the 9th Circuit, Sandoval said “done,” allowing gays and lesbians to begin marrying.

However, the folks over at the Coalition for the Protection of Marriage – the same group that got the law on the ballot back in 2002 – jumped in and defended the law in the 9th Circuit. And, of course, lost.

Now the Coalition is requesting the 9th Circuit consider re-hearing the lawsuit en banc, which would mean a panel of 11 judges versus the normal 3 judge panel which has already heard the case.

En banc reviews are difficult to get as a majority of the Court’s 29 judges have to agree to consider the case.

University of California, Irvine, law professor Doug Nejaime told the Washington Blade, “Given the Supreme Court’s action a couple weeks ago, there may not be many judges that want to spend resources reviewing the panel decision. And then there is certainly reason, given that Perry [the case that struck down California’s Proposition 8] was also decided in the Ninth Circuit, to think a different result is unlikely.”

In a short statement on Wednesday, according to the Las Vegas Review Journal, Sandoval said Nevada opposes the attempt by the Coalition for the Protection of Marriage to appeal the ruling, and hopes such opposition will lead to closure on the issue.