Tag: same-sex marriage

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Did Nevada already legally recognize a same-sex marriage?

Click pic to enlarge view

A long-time friend of mine married his terminally ill boyfriend last year.

Since they lived in Las Vegas, they traveled to California for the legal ceremony and license.

Sadly, the husband lost his battle in March of this year.

Adding to the sadness of the loss, my friend had to battle with his deceased husband’s family who never approved of the same-sex marriage.  The family apparently fought to keep the body of the deceased from my friend.

Eventually, in order to have a respectful service and burial, my friend went to court to have a judge rule that he was the “surviving spouse,” and to indicate that on the death certificate issued by the state of Nevada.

As I saw my friend recently and were talking about the sad episode, I began to wonder: was this the first instance of the state of Nevada recognizing  a same-sex marriage?

We’ve seen legal wrangling in Ohio, Indiana and Arizona regarding recognition of same-sex marriages from other states due to terminal illness, etc.  I’m wondering if this has already quietly happened in Nevada?

Nevada does have domestic partnerships that grants “…the same rights, protections, benefits, responsibilities, obligations and duties as…parties to any other civil contract….” But, couples legally married in other states don’t automatically gain this status. Couples married elsewhere must complete and file a notarized Domestic Partnership Declaration form with the Secretary of State’s Office. I asked my friend if they had done this and he said they were in the process of getting that done when his husband suddenly died.

See the death certificate above that lists the deceased as “Male” and the Surviving Spouse as “Michael.”  (I’ve blurred the details for now for privacy’s sake).

Experts – chime in and let me know what you think.

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Marriage News Watch – September 22, 2014

From the American Foundation for Equal Rights: A surprising reveal this week from Supreme Court Justice Ruth Bader Ginsberg about the court’s plans for taking up a marriage case — or maybe not taking up any.

An Arkansas clerk breaks ranks with top state officials, declaring for the first time that the state’s marriage ban is unconstitutional.

Plus: numerous states freeze their marriage lawsuits while they wait for a Supreme Court ruling.

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Poem: “Until We Could”

Beautifully written by inaugural poet Richard Blanco, Freedom To Marry commissioned “Until We Could” to celebrate 10 years of marriage equality.

Shot in Austin, Texas, the short film features Blanco’s words are narrated by actors Robin Wright and Ben Foster.

From The Daily Beast:

The poem and video was the initial brainchild of Peter Spears an actor, director, and producer — and FTM volunteer — whose had the idea to approach Blanco. “We shot it in Austin’s film community, and Texas is on the precipice of marriage equality,” says Spears. “There are real couples in the film — like the male couples in their forties with kids — and also actors. Austin was off the charts, they put all their talent and time into making this happen.”

At this writing, 19 states and the District of Columbia allow same-sex marriage. Forty-four percent of Americans live in a state with marriage equality. Fifty-nine percent of Americans support the freedom to marry.

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News Round-up for September 20, 2014

Some news stories you may have missed, starting with the very hunky and handsome rugby playing Burgess brothers of Australia pictured above.  From left to right: George, Luke, Sam and Thomas.  Lots more Instagrams of the brothers at the link.

• Clay Aiken, running for office in North Carolina, says the folks whose naked pics got shared on the internet  “deserve exactly what they get”

• Over 50 Texans working in law enforcement file a brief in support of same-sex marriage in Texas

• The story of Vivian Boyack and Nonie Dubes’ getting married will move you. Grab a tissue and read this love story 72 years in the making.

• College football player Conner Mertens reflects on life a year after coming out

• Nick Jonas says he wants to embrace the gay community “with open arms.”  I don’t think that will be a problem for the community.

And don’t we need at least one more of the Brothers Burgess?

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Justice Ruth Bader Ginsberg Hints At SCOTUS Action On Marriage Equality Appeals

Speaking at the University of Minnesota on Tuesday, Justice Ruth Bader Ginsburg hinted on the Supreme Court’s plan of action on the issue of gay marriage, pointing to the 6th Circuit Court of Appeals cases.

The AP reports:

[Ginsburg] said ‘there will be some urgency’ if [the Sixth Circuit] allows same-sex marriage bans to stand.

Such a decision would run contrary to a legal trend favoring gay marriage and force the Supreme Court to step in sooner, she predicted.

She said if the appeals panel falls in line with other rulings there is ‘no need for us to rush.’

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West Virginia Court Extends Stay of 4th Circuit Court Ruling On Marriage Equality

The Fourth Circuit Court of Appeals issued a ruling on July 28th in the case of Bostic v. Schaefer which held that Virginia’s ban on same-sex marriage was unconstitutional based on the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

Now, a US District Court in West Virginia has extended the stay on that ruling until the US Supreme Court weighs in yay or nay on the issue due to overlap with another case before the West Virginia Court.

As we are all learning when it comes to the law and gay rights – “gay means stay.” Indefinitely.

See the ruling below.

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Lambda Legal sues for freedom to marry in Puerto Rico

Lambda Legal has filed a motion for summary judgment to overturn the ban on same-sex marriage in Puerto Rico:

Lambda Legal joined the lawsuit, Conde v. García Padilla, in June on behalf of five gay and lesbian couples and Puerto Rico Para Tod@s, an organization that represents lesbian, gay, bisexual, transsexual and transgender (LGBT) people and their families.

Lambda Legal Staff Attorney Omar Gonzalez-Pagan, said: “All families deserve to have their love and commitment recognized in Puerto Rico; they need the protections only marriage can provide as soon as possible, without discrimination. Every day that passes, our gay, lesbian, bisexual and transgender family members are told they are inferior to our other family members. They are living, working and caring for each other now and need the dignity and respect of marriage.”

The lawsuit began on March 25, 2014, when married in Massachusetts sued for legal recognition of their marriage. That was amended on June 25th when Lambda Legal joined the suit and added four more couples – two seeking recognition of their marriages from other jurisdictions and two seeking for the right to marry in Puerto Rico.

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Indiana: Seventh Circuit Court of Appeals Stays Marriage Equality Ruling

In response to a request by the state of Indiana, the 7th Circuit Court of Appeals has stayed it’s ruling overturning the state’s ban on same-sex marriage. This was expected.

The two page ruling states that the stay will remain in effect until either the US Supreme Court rules on the appeal or declines to hear the case. Should SCOTUS refuse to review the ruling, the stay will automatically terminate and marriage equality will become the law of the land in Indiana.

The Indiana case is already filed with SCOTUS and is awaiting the September 29th conference of the Justices.

14-2386 #217

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Marriage News Watch – September 15, 2014

From the American Foundation for Equal Rights: The number of marriage cases before the Supreme Court keeps climbing, with the Court scheduled to decide which ones to take in just a few weeks.

Plus, couples file new briefs in Texas, and appeal last week’s anti-gay ruling from a federal judge in Louisiana.

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Arizona man wins right to be listed as “surviving spouse” in narrow same-sex marriage case

Fred McQuire (L) and George Martinez (R) exchange marriage vows in California

Today, a judge in Phoenix, Arizona, ruled in favor of plaintiff Fred McQuire’s request to be listed on the death certificate of his recently deceased husband George Martinez.

Arizona state law does not recognize same-sex marriage and as such would not list McQuire as Martinez’s husband on the death certificate.

U.S. District Judge John Sedwick’s ruling will allow McQuire the right to apply for Social Security and veterans death benefits.

The state had argued against McQuire claim based on the state’s ban on same-sex marriage, but Judge Sedwick wrote that McQuire faced irreparable harm on the basis of the loss of his dignity and status while he was the midst of his grief.

From Lambda Legal via press release:

An accurate death certificate is necessary for a surviving spouse to settle their loved one’s affairs, as well as to collect veterans, social security and other benefits generally available to surviving spouses.

“I’m ecstatic and so grateful that my marriage to George is recognized. My birthday is next week and this is the best birthday present I could have ever hoped for. This is the highest honor that we could offer George and his memory—he would be so proud. Even though this ruling is for George and me, I hope this is going to help other families, too. No one else should have to deal with the pain and humiliation of not being able to take care of something as simple and sensitive as a death certificate for their spouse,” said Lambda Legal client Fred McQuire.

Read the ruling here.

UPDATE: via Twitter

(source)