Tag: same-sex marriage

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Supreme Court Justice Ruth Bader Ginsburg: “No Crying Need To Step In” On Same-Sex Marriage

In an interview with NPR’s Nina Totenburg in New York City, Supreme Court Justice Ruth Bader Ginsburg said the court decided against review of seven appeals challenging the marriage bans in five states across the U.S. because all of the federal appeals courts that have so far ruled on the issue are in agreement that the bans are unconstitutional:

“When there’s no disagreement among the Courts of Appeals, we don’t step in.”

“The major job that the court has is to keep the law of the United States more or less uniform. So when the courts of appeals disagree about what the law of the United States is, then we are obligated to grant review.

“If there had been a Court of Appeals on the other side, we probably would have taken that case. But up to now, all the Courts of Appeals agree, so there is no crying need for us to step in.”

That being said, a ruling could come at any time from the 6th Circuit Court of Appeals. The oral arguments have led many to believe the 6th may uphold the same-sex marriage bans in Ohio, Michigan, Kentucky and Tennessee. That would lead to an appeal to SCOTUS, and at that time the court would most surely take the case for review.

And so, we wait…

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Marriage News Watch – October 20, 2014

The latest news on marriage equality recapping last week’s advances.

From the American Foundation For Equal Rights:

We just picked up more states with the freedom to marry, and the number could continue increasing over the course of this week.

But in several states, officials are blocking the start of marriage despite courts ruling against their bans. We’ll have the details on how couples are fighting back.

Plus, more bad news for the National Organization for Marriage. This time it’s a ruling in Virginia that means they’ll lose out on over half a million dollars.

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Wyoming Governor Will Not Appeal Same-Sex Marriage Ruling

Wyoming Gov. Matt Mead has issued a statement saying he will not appeal Friday’s same-sex marriage ruling. Same-sex couples will be able to marry in the state no later than Thursday, October 23, 2014, at 5:00 p.m.

“This result is contrary to my personal beliefs and those of many others. As in all matters, I respect the role of the courts and the ruling of the Court.

“While this is not the result I and others would have hoped, I recognize people have different points of view and I hope all citizens agree, we are bound by the law.”

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Marriage Equality Comes To Wyoming

A federal judge has declared that Wyoming cannot deny marriage licenses to same-sex couples.

Via the National Center for Lesbian Rights:

Today, U.S. District Court Judge Scott W. Skavdahl of the District of Wyoming ruled in favor of the freedom to marry in the challenge to the State of Wyoming’s ban on marriage equality. The court’s order granted a request by four same-sex couples and Wyoming Equality, who had filed a federal lawsuit challenging Wyoming’s marriage ban, for an order requiring the state to allow couples to begin marrying immediately.

Citing two decisions of the U.S. Court of Appeals for the Tenth Circuit striking down Utah’s and Oklahoma’s bans on marriage for same-sex couples, Judge Skavdahl ruled that Wyoming’s refusal to permit same-sex couples to marry is unconstitutional. Judge Skavdahl ordered the state to begin issuing marriage licenses, but placed that order temporarily on hold to permit Wyoming state officials to appeal his ruling. Marriages will begin in Wyoming at 5:00 pm on Thursday, October 23, or as soon as the state officials defending the challenge inform the court that they do not intend to appeal, whichever is sooner.

The ruling is on hold until Oct. 23 or until government officials say they are not appealing the decision.

Read the ruling below:

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North Carolina Magistrate Resigns Over Same-Sex Marriage

A North Carolina magistrate has decided to resign rather than perform same-sex marriages.

From WITN:

Rockingham County Magistrate John Kallam Jr. sent a letter to Chief District Court Judge Fred Wilkins on Thursday saying when he took his oath of office, he didn’t take it with the understanding that he would be required to marry same-sex couples.

Kallam wrote that marrying gay couples “would desecrate a holy Institution established by God Himself.”

Kallam declined further comment when reached at his home Thursday afternoon.

Kallam’s resignation, effective Oct. 31, comes a day after North Carolina magistrates were ordered to perform civil marriages for same-sex couples or face suspension or dismissal. The directive was issued after a magistrate in Pasquotank County refused to marry two men, citing religious objections.

If you can’t follow the law as a public official, it’s best to resign.

And stay out!

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Arizona Will Not Appeal Same-Sex Marriage Ruling

In a letter to all county clerks, Arizona Attorney General Tom Horne issued instructions to immediately grant marriage licenses to all same-sex couples who apply.

Happy dance time!!!
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Arizona Same-Sex Marriage Ban Ruled Unconstitutional

Based on the 9th Circuit Court’s decision which struck down same-sex marriage bans in Nevada and Idaho, U.S. District Court Judge John Sedwick has ruled Arizona’s similar ban is unconstitutional.

In his ruling, Sedwick refused to grant a stay of his opinion, meaning the decision goes into effect immediately.

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Wyoming Judge Says He Will Rule On Same-Sex Marriage Ban By Monday

After hearing oral arguments today in a lawsuit filed by NCLR and Wyoming Equality, U.S. District Judge Scott Skavdahl stated he will issue a ruling on same-sex marriage by 5 pm Monday, the Casper Star-Tribune reports.

The plaintiff’s lawsuit requests that the state comply with the 10th Circuit ruling handed out earlier this year following the Supreme Court’s refusal to hear its appeal.

From the NCLR, via press release:

The case was brought by Wyoming Equality and four same-sex couples who requested an immediate order directing state officials to comply with two decisions of the U.S. Court of Appeals for the Tenth Circuit establishing that a state’s refusal to allow same-sex couples to marry violates the U.S. Constitution.

The U.S. Supreme Court on October 6th let those appeals court decisions stand, meaning that all states within the Tenth Circuit, including Wyoming, must comply with those decisions.

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Montana Judge Asked To Rule On Same-Sex Marriage Ban

Montana’s same-sex marriage ban has been challenged by four couples with the request that the judge rule without going to court:

ACLU Montana legal director Jim Taylor says the 9th Circuit’s recent decision to strike down similar bans elsewhere in the West should convince U.S. District Judge Brian Morris to rule in their favor.

Montana is part of the 9th Circuit and district judges use decisions from the appellate court as precedents for their rulings.

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North Carolina Magistrates Directed To Perform Same-Sex Marriages

The state of North Carolina has informed magistrates — agents of the state whose responsibilities include performing civil marriages — that there are no special anti-gay discrimination rights.

The state has issued a memo saying the magistrates must comply with the law and perform marriages for same-sex couples, or they will be disciplined.

From the Washington Post:

North Carolina magistrates have been directed to perform civil marriages for same-sex couples or face suspension or dismissal from their state jobs.

A memo to state magistrates Wednesday said they would be violating their oaths of office if they refuse to marry gay or lesbian couples.

The directive came after a magistrate in Pasquotank County on Monday refused to marry two men, citing religious objections.

Some magistrates in Alamance County also said they wouldn’t marry gay couples.

A federal judge last week struck down North Carolina’s same-sex marriage ban as unconstitutional.

Public officials in states which have legal same-sex marriage cannot treat gay or lesbian couples differently.

Under state law, a magistrate who fails to perform his or her legal duties can face removal or suspension.