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:

News Round-Up – Week of September 7, 2014

The UK’s Stuart Hatton named Mr. Gay World 2014

• 28 year old Stuart Hatton, Mr. Gay U.K. 2014, ascended to the global throne when he was recently crowned Mr. Gay World 2014

• Anti-gay former Virginia Gov. Bob McDonnell and wife found guilty of taking over $165,000 in “gifts”

• The 30 day stay on Broward County ruling for marriage equality has passed. Will marriage licenses be issued soon?

• Tennessee pastor doubles down on homophobia; says gays “must be put to death”

• Duck Dynasty’s Phil Robertson has a foreign policy plan to deal with ISIS: “Convert them or kill them”

• This is the worst AirBNB rental in the universe

• Something special about Robin Williams you probably didn’t know

One more pic of Stuart Hatton, Mr. Gay World 2014

Tennessee state judge rules against marriage equality

A state judge has upheld the ban on recognizing same-sex marriage in Tennessee.

From Talking Points Memo:

Circuit Court Judge Russell E. Simmons ruled that Tennessee need not recognize the union of Frederick Michael Borman and Larry Kevin Pyles-Borman, who married in August 2010 in Iowa. The judge invoked Tennessee’s state laws defining marriage as between one man and one woman.

“Tennessee’s laws further provide that if another state allows persons to marriage who are prohibited from marriage in Tennessee, then that marriage is void and unenforceable in Tennessee,” he wrote in a ruling last Tuesday, which has now been published online by Lyle Denniston of SCOTUSblog.

In that this ruling was very narrow and only pertains to recognition for the purpose of divorce, most legal experts do not expect this decision to make an impact on current appeals to the US Supreme Court regarding marriage equality.

News Round-up: August 8, 2014

Wentworth Miller on the set of “The Flash” 

• Wentworth Miller looking like a fine, silver fox as supervillian “Captain Cold” on the set of CW’s The Flash

• Good news from Tennessee: “Don’t Say Gay” lawmaker Stacey Campfield lost in his bid for re-election

• More good news from Tennessee: Wild and weird anti-gay Tea Party SNL alumni Victoria Jackson lost her bid for a seat on a county commission in Tennessee.

• Bad news from Tennessee: Chattanooga citizens vote to repeal the city’s domestic partnership benefits

• New CBS poll shows Hispanics in America support marriage equality 50%-44%

• Brazilian couple will stay together after finding found out they are brother and sister – because “God wanted it to happen”

• Missouri Baptist Church leader arrested for trolling for dog sex on Craigslist – seriously.

• HBO’s True Blood may be ending, but Ryan Kwanten in a swimsuit is forever

Ryan Kwanten gives you body at the beach in Malibu

Marriage equality arguments end in 6th Circuit Court of Appeals

The big day for marriage equality in the 6th Circuit Court of Appeals has ended.

Six cases from four states looking for marriage equality – Michigan, Tennessee, Kentucky, and Ohio.

Freedom To Marry has posted the oral arguments from all of the cases. If you’ve never listened to lawyers present their cases and answer questions by the judges, it can be pretty fascinating. Plus, you might get a sense of which side the rulings will come down on. Although, law experts always make a point of saying you can’t really tell what the ruling will be based on the questions the judges ask. Sometimes, they are just playing “devil’s advocate” to see where it takes them.

Chris Geidner, legal editor for Buzzfeed, seemed to think Judge Daughtrey seemed most sympathetic to the good guys; Judge Cook, who apparently spoke the least seemed to favor the bad guys; and so it will most probably fall on Judge Sutton, who was not an easy read.

Chris Johnson of the Washington Blade wrote:

Based on their line of questioning, two judges — U.S. Circuit Judge Martha Craig Daughtry and U.S. Circuit Judge Jeffrey Sutton — seemed prepared to rule against bans on same-sex marriage. U.S. Circuit Judge Deborah Cook was relatively quiet, but appeared poised to rule in favor of the laws. Similar to other federal appeals court rulings, the panel seemed headed to make a 2-1 decision in favor of marriage equality.

Listen to the oral arguments below and see what you think:

Michigan: DeBoer v. Snyder

Tennessee:Tanco v. Haslam

Kentucky: Bourke v. Beshear and Love v. Beshear

Ohio: Obergefell v. Wymyslo and Henry v. Himes

And now, we wait. Experts say it could take several weeks to get the rulings.

Sixth Circuit Court to hear six marriage equality cases from four states today

The 6th Circuit Court of Appeals will hear 6 gay marriage cases whose outcome could affect the laws in Ohio, Kentucky, Tennessee, and Michigan.

The Kentucky and Michigan cases involve the right to marry, while the Ohio and Tennessee cases focus on the recognition of same-sex marriages from other states.

Check back here throughout the day for updates as the cases are presented.

Tennessee wedding venue changes policy to be truly inclusive

I recently reported about a couple of US veterans who were told they could not have their commitment ceremony at Tennessee’s Mint Springs Farm. After originally booking the ceremony, Mint Springs Farm told the couple that it was against state law to host a same-sex ceremony.

Apparently the venue has rethought their policy. Via press release:

As the owners of Mint Springs Farm, we have had time to regroup and reflect. We have reached out to the community and started a dialogue with Tennessee Equality Project. The Executive Director, Chris Sanders, was able to meet with us.

In order to move forward, we have decided to change our policy. We will offer commitment ceremonies for any future couples that have a legal license from other states or countries. We also want to broaden this offer to include couples who simply want a commitment ceremony with no intention of obtaining a legal marriage license. This will be our policy moving forward, and it will remain true to all future prospective clients.

Tennessee: Two Iraq war veterans told to take commitment ceremony elsewhere

US veterans Anthony Wilfert and Brian Blas of Nolensville, Tenn., say Mint Springs Farm, which makes a point on it’s website to say it is “an all-inclusive venue,” agreed to host their commitment ceremony.

Unfortunately, days later the owner rescinded the agreement, reports WSMV-TV.

“I made it clear from the get-go that it was a same-sex ceremony,” said Wilfert. “He explicitly made it clear that it was not an issue, that they would host that type of ceremony.”

Wilfert and Blas said days after two employees told them it’d be fine to hold their ceremony at the venue, they got an e-mail from an owner at Mint Springs Farm reading, “Unfortunately, until same sex marriage is legal in the state of Tennessee, we cannot participate in this ceremony at our venue. I wish we could help, I truly do, but our hands are tied in this situation.”

“It is a private venue,” said Wilfert. “We purposefully chose a place that is not tied to a religious organization for that reason, so to mention something about state law is baffling.”

Wilfert also added, “To have fought in the military for freedoms and liberties of all Americans, it can be quite deflating to come back to fight a whole new set of obstacles.”

What is of interest to me is that the ceremony was NOT being described as a “marriage.” The couple was very clear it was a “commitment ceremony” which carries no legal weight. Commitment ceremonies are not illegal in Tennessee. So, what is really the issue here?

(via LGBTQ Nation)

WSMV Channel 4

Tennessee: Christian school bans eight year old “tom boy” for not looking like her “God-ordained” identity

Sunnie Kahle is what we used to call a “tom boy.” She likes to play with boys, roughhouse a bit, and isn’t too interested in more traditionally “little girl” things.

And because of that, the Christian grade school she was attending has banned her for not following her “God-ordained identity.”

Sunnie Kahle likes teddy bears and colorful bracelets, but for the most part she’s interested in things that might be considered “boy hobbies.”

“Sunnie realizes she’s a female, but she wants to do boy things,” said Doris Thompson, Kahle’s great-grandmother and legal guardian. “She wants to play rough and tough.”

The issue caught the attention of administrators at Timberlake Christian School, where Kahle was a student. Elementary principal Becky Bowman sent home a letter last month, reminding Thompson of the school’s religious affiliation and it’s right to refuse students who contradict a “biblical lifestyle.”

“We believe that unless Sunnie and her family clearly understand that God has made her female and her dress and behavior need to follow suit with her God-ordained identity, that TCS is not the best place for her future education,” Bowman wrote in the letter, which was given to WDBJ7 by Thompson.

Thompson said she was offended by the letter’s language and its references to biblical passages about sexual immorality.

Apparently, the school says Sunnie was “confusing” other children. The school also cited a “sexual immorality” clause as reason to dismiss Sunnie.

Seriously? The little girl doesn’t even know what gender identity is yet.

Federal judge orders Tennessee to recognize 3 couples same-sex marriages

A federal judge has ordered the state of Tennessee to recognize the legal marriages of three same-sex couples while their lawsuit is under consideration based on the judge’s opinion that the couples will ultimately win their case.

From Buzzfeed:

In considering the request for a preliminary injunction, U.S. District Court Judge Aleta Trauger wrote that “all relevant federal authority indicates that the plaintiffs in this case are indeed likely to prevail on their claims that the Anti-Recognition Laws are unconstitutional.”

The plaintiffs, she noted, filed the case only on their own behalf, so the temporary ruling affects only the state’s treatment of the three couples.

In granting her injunction, Judge Trauger wrote that “all signs indicate that, in the eyes of the United States Constitution, the plaintiffs’ marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history.”

You can read the judge’s opinion at Buzzfeed.