UPDATE: Colorado’s pro-marriage equality decision stops marriage equality

MorkMindyHouse

Mork and Mindy’s house in Boulder, Colorado. About 100 same-sex couples have married in Boulder in the last few weeks. Could marriage equality lead to humans marrying aliens?

UPDATE:

A ruling by the district court in Boulder County that followed the state court’s ruling allows the county clerk to continue issuing marriage licenses.

ORIGINAL POST:

In the most ironic decision on marriage equality since the U.S. Supreme Court overturned the Defense of Marriage Act a year ago, a state judge ruled Colorado’s marriage law unconstitutional.

Normally that would be good news, but the ruling actually stopped same-sex marriages in the state.

After the Tenth Circuit Court of Appeals overturned the Utah marriage ban, several county clerks in Colorado began issuing marriage licenses. Because Colorado is in the same circuit as Utah, those Colorado county clerks reasoned the Utah ruling applied to them as well.And because the stay specified Utah, they reasoned the stay didn’t apply to them.

The county clerk in Boulder County continued issuing licenses despite threats from the state attorney general. So the AG took the matter to court where he lost yesterday.

Good news? Normally. But while the judge ruled that Colorado’s marriage law is unconstitutional, he placed a stay on his ruling pending further appeal.

Since the stay this time applies to Colorado, the county clerk in Boulder must stop issuing licenses.

About 100 licenses have been issued in Boulder and a separate hearing will be held to determine if those marriages are valid. In cases in other states where licenses were issued before a stay was placed on a legal decision, those marriages have been upheld and recognized.

—  David Taffet

BREAKING: Marriage equality win in Colorado

Colorado state District Court Judge C. Scott Crabtree ruled Wednesday that Colorado’s ban on same-sex marriage, approved by voters in 2006, is unconstitutional. But Crabtree immediately stayed his ruling as the case moves through the appeals process, Reuters has reported.

In his ruling, Crabtree wrote: “There is no rational relationship between any legitimate governmental purpose and the marriage bans.”

Also on Wednesday, Utah Attorney General Sean Reyes announced he will appeal a ruling by a three-judge panel of the 10th Circuit appeals court directly to the U.S. Supreme Court rather than asking for the full 10th Circuit court to rehear the case.

Same-sex marriage is now legal in 19 states and the District of Columbia, and lawsuits challenging same-sex marriage bans are headed to the U.S. Supreme Court while two other lawsuits challenging bans in Oklahoma and Virginia have already been heard by appellate courts.

—  Tammye Nash

Boulder won’t back down, Florida case in court and more

equalityfloridaToday in marriage equality news: A Florida attorney told a trial court the state’s marriage ban should end. Colorado’s attorney general told a county clerk to stop issuing licenses until he has a final ruling even though he favors an end to the ban. The ACLU wants to make sure licenses issued in Wisconsin are considered valid.

Florida

Florida’s marriage ban case went to court yesterday.

Attorney Jeffrey Cohen asked the judge to issue a ruling similar to those in more than 20 other cases across the nation striking down discriminatory marriage bans as unconstitutional. Cohen also pointed out that while Florida allows same-sex couples to adopt children, it still refuses to let them marry.

“It’s the right of a person to choose who they love and who they make their future with,” Cohen said. “We should not make anyone a second-class citizen.”

The judge didn’t indicate when she would rule on the case.

Colorado

Colorado Attorney General John Suthers demanded Boulder County Clerk Hillary Hall stop issuing marriages licenses.

But this isn’t an issue of liberal v. conservative. Suthers wants Hall to stop until he receives a clear ruling from the Tenth Circuit and joined Gov. John Hickenlooper in requesting the court overturn the state’s marriage ban. Hickenlooper is a Democrat and Suthers is a Republican.

Hall has refused and continues to issue licenses to same-sex couples. She began issuing the licenses immediately after the Tenth Circuit ruled Utah’s marriage law is unconstitutional. The appeals court stayed its decision, but the stay specified Utah, so Hall, along with two other county clerks in Colorado, began issuing licenses. With legal council, she said the ruling applies to Colorado, which is also in the Tenth Circuit, but the stay on the ruling did not apply to Colorado, since it specified Utah.

While Suthers would like Colorado’s marriage ban overturned, his motion to the court could stop Hall until the court issues a final ruling.

Wisconsin

In Wisconsin, the ACLU is filing a suit seeking legal recognition for the marriages of the same-sex couples who wed in the days after a federal judge overturned the state ban. Following Judge Barbara Crabb’s ruling, more than 500 same-sex couples were married. Days later, Crabb stayed her ruling, pending appeal by state Attorney General J.B. Van Hollen.

Ireland

Although a date hasn’t been set, the Irish will vote on marriage equality sometime early in 2015. Should people really be allowed to vote on other people’s civil rights? According to all courts who’ve weighed in on the issue in the last year, it was wrong when voters in the early 2000s stopped LGBT rights. Does even a yes vote make this election any better?

—  David Taffet

Colorado clerks begin issuing marriage licenses

boulder_1

Couples can marry in Boulder … for now.

As a result of the Tenth Circuit’s ruling yesterday that struck down the Utah marriage ban, Boulder County has begun issuing marriage licenses. Lafayette and Longmont counties will begin on Friday, according to the Denver Post.

Colorado is in the same circuit as Utah, so the Boulder County clerk said the ruling applies to her state. The attorney general disagrees and said the licenses won’t be valid.

By the end of the Wednesday, two couples were married. Boulder’s county clerk said she will continue issuing licenses today.

On Wednesday, the Tenth Circuit issued a split ruling declaring Utah’s marriage ban unconstitutional. The court put a stay on its ruling until it’s heard by the U.S. Supreme Court. The stay only mentions Utah, not Colorado, and Boulder’s county clerk acted after advice from the county’s legal staff. The circuit also encompassed Oklahoma, New Mexico, Kansas and Wyoming.

The attorney general’s actions indicate that Colorado will not accept the decision of the court in its marriage cases, as the Oregon attorney general did several weeks ago, and will appeal to the U.S. Supreme Court.

—  David Taffet

Marriages to begin Thursday in Minn., R.I.; Colorado grants 1st gay divorce

Frank_Ferri

Gay Rhode Island state Rep. Frank Ferri will marry Thursday.

In Minnesota and Rhode Island, same-sex couples can begin to marry at midnight tonight. Meanwhile, Colorado granted its first same-sex divorce.

Gov. Mark Dayton signed the Minnesota marriage equality bill into law on May 14. Courthouses in Minneapolis, St. Paul and other large cities will be open at midnight tonight to accommodate couples who want to be among the first to take advantage of the new law.

Minneapolis Mayor Ron Stein plans to marry about 40 couples on the first day of marriage equality.

Betty Crocker, based in Minnesota, is donating wedding cakes for the first day of wedding celebrations.

The Mall of America in Bloomington, Minn., the largest shopping mall in the U.S., will host a wedding on Aug. 1 in its Chapel of Love.

Rhode Island already had civil unions and recognized marriages performed elsewhere. When the civil union bill passed, it satisfied no one. Opponents of the bill wanted no relationship recognition and marriage-equality proponents saw no purpose in getting a civil union when all surrounding states offered marriage.

Now, couples may go to city or town clerks to turn their civil unions into marriages. Other couples are expected to marry beginning Thursday morning.

Rhode Island state Rep. Frank Ferri is planning to marry his partner Tony Caparco. They were married in Canada in 2006, but will remarry on Thursday. House Speaker Gordon Fox, who is also gay, will preside, according to the local NBC affiliate.

Also this week, Colorado granted its first same-sex divorce. Earlier this year, the state passed civil unions. Although same-sex couples can’t marry in Colorado, they can now dissolve marriages from other states.

—  David Taffet

LGBT activists plan rally tonight in Dallas in response to North Carolina marriage ban

Activists march down Cedar Springs Road in 2009 after voters in Maine overturned marriage equality. (JOHN WRIGHT/Dallas Voice)

In response to the passage of a constitutional amendment banning same-sex marriage in North Carolina, LGBT activists in Dallas plan a rally tonight on Cedar Springs Road.

Daniel Cates, North Texas regional coordinator for GetEQUAL, said the rally will call for the Democratic National Committee to move its 2012 Democratic National Convention out of Charlotte, and for the DNC to add support for same-sex marriage and full federal equality for LGBT people to the party platform. The rally will also call for leaders like Dallas Mayor Mike Rawlings and President Barack Obama to end their silence on marriage equality.

“The passage of Amendment 1 sends a clear message that a majority can, by a popular vote, restrict the rights of a minority. This is dangerous territory and undermines the principals our nation was founded upon. Fair minded people across this nation must speak up and condemn the passage of this amendment.” Cates said in a press release. “We are calling on all leaders, from Mayor Mike Rawlings to President Obama, who have claimed to be our friends and campaigned for our votes to end their silence on issues of civil rights for LGBT people and take a substantive stand for what they know is right.”

North Carolina, where first cousins and convicted murderers can still marry, becomes the 30th state to pass a constitutional amendment banning same-sex marriage — and the last of the Southern states to do so. Amendment One, which voters approved by a margin of 61 percent to 39 percent, also prohibits all other forms of relationship recognition for same-sex couples.

Meanwhile, as if to add insult to injury, Republicans in the Colorado House blocked a vote on a civil unions bill late Tuesday.

Tonight’s rally begins at 7 at the Legacy of Love Monument, at Oak Lawn Avenue and Cedar Springs Road. Participants are encouraged to bring signs, flags banners and candles. For more information, contact Cates at Daniel@getequaltx.org. The full press release is below.

—  John Wright

Girl Scout cookie boycott may backfire, if Twitter is any indication

The Huffington Post reports on an effort to boycott girl scout cookies in response to the organization’s trans affirming positions. Last fall, after a Colorado troop leader initially refused to allow Bobby Montoya to participate because she was identified as male at birth, Girl Scout leaders in that state with the support of the national organization quickly responded by re-enforcing their policy of allowing all girls to participate. “If a child identifies as a girl and the child’s family presents her as a girl,” said the GSC statement, “Girl Scouts of Colorado welcomes her as a Girl Scout.”

That act of common decency inspired this video:

If the initial response on Twitter is any indication, however, the burgeoning boycott may backfire, begetting a bumper year for Tag-a-longs, Thinmints and Trefoils (those yummy shortbread cookies).

—  admin

PHOTOS: Response to ‘The Response’ begins

Riki Miller, Zombie McZee and Britney Miranda.

The responses to “The Response” are under way in Houston. First out of the gate was Friday night’s LGBT Texans Against Hate Rally.  Despite temperatures that had barely come down from the triple digits, Houstonians thronged to Tranquility Park in downtown. Beyond commenting on the temperature, the common theme of most of the speakers was that the American Family Association and Gov. Perry’s rally is not representative of Houston and is not welcomed.

Robert Shipman, president of the Houston Stonewall Young Democrats, said: “I kinda think Rick Perry chose the wrong city!”

He continued “They are the bigots, we are not … we are Houston.”

“I guess we should take comfort in the fact that, except for some of his staffers, [Gov. Perry] couldn’t find enough homegrown bigotry in the state of Texas to put on the event himself,” said Mike Craig, co-chair of Out & Equal Houston. “He had to bus them in from Tupulo, Miss., and Colorado Springs, Colo.” Craig was referring to American Family Association (based in Tupulo) and Focus on the Family (based in Colorado Springs), both co-sponsors of “The Response.”

State Rep.  Garnet Coleman, D-Houston, provided the closing address. He criticized Gov. Perry for using divisive religious rhetoric for political gain. “Being here today I’m proud that we are fighting back against a narrow, theocratic view of the world that we live in and of our country that says that people are not welcomed — that says that people are bad because of who they are. That is not America,” said Coleman. “That is what is dividing our city, our state and our country.”

Stay tuned to Instant Tea for more coverage of the LGBT community’s response to “The Response.” More photos from the LGBT Texans Against Hate Rally below (click to enlarge):

—  admin

Is NY the Stonewall of marriage equality?

Activists in other states look to capitalize on momentum

DANA RUDOLPH | Keen News Service

Hundreds of same-sex couples married in New York on Sunday, the first day they could legally do so. And just as the Stonewall Riots in New York City in 1969 gave a lift to the nascent movement for equal rights for gays across the country, marriage equality in the Empire State appears to be giving a boost to marriage equality efforts outside its borders.

Activists in at least two states (Maine and Colorado) are pushing for 2012 ballot measures to seek marriage equality there, a lawsuit has been launched in New Jersey for full marriage rights, and in Maryland, a Democratic governor is prepared to follow the example of New York Gov. Andrew Cuomo, also a Democrat, in leading the state legislature to marriage equality.

With the addition of New York, the percentage of same-sex couples living in states that allow them to marry has now more than doubled—from 6.9 percent to 14.3 percent, according to an analysis of the U.S. Census Bureau’s 2009 American Community Survey by the Williams Institute of UCLA.

And the percentage of the U.S. population living in a state that allows same-sex couples to marry has more than doubled, from 5.1 to 11.4 percent, according to Census 2010 and the Williams Institute.

“Having New York end marriage discrimination is a turning point for the country,” said Evan Wolfson, executive director of the national Freedom to Marry group, in an essay on the group’s Web site June 27, three days after Cuomo signed a marriage equality bill into law. “The world watches New York, and, as New Yorkers say, if we can make it here, we’ll make it anywhere.”

Wolfson noted that passage of the bill in New York was the first time a legislative chamber with a Republican majority — the state Senate — had “voted to advance a bill to end marriage discrimination, and Republican senators provided the winning margin.” He called the bipartisan vote “a major shift in the national political calculus for both parties” that “points the way to more victories.”

The New York Legislature was also the first to pass a marriage bill without first passing civil unions or domestic partnerships, Wolfson said.

In New Jersey, which allows same-sex couples to enter civil unions, but not marriages, Steven Goldstein, the chair of the LGBT advocacy organization Garden State Equality, said in a statement June 24 that “the victory in New York, and its choice of marriage equality over civil union inequality, set the stage for our continuing fight for marriage for same-sex couples in New York’s sister state just a mile away.”

Four days after the New York bill became law, Garden State Equality and Lambda Legal, a national LGBT legal group, filed a lawsuit in a New Jersey Superior Court in Trenton on behalf of seven same-sex couples. They argue that the state’s existing civil union laws do not provide the couples with full equality—an equality the state Supreme Court said, in October 2006, is guaranteed by the state constitution.

Garden State Equality also held a rally on July 24, the first day of the New York marriages, at a New Jersey park closest to New York, with a view of the Manhattan skyline across the Hudson River.

In Maryland, where a marriage equality bill passed the state House but failed to pass the Senate in March, Gov. Martin O’Malley seems now to be following the example of Cuomo, saying he will take a more active role in pushing for marriage equality next session.

Cuomo, whom Freedom to Marry’s Wolfson called the “indispensable champion” of the New York bill, had worked closely with marriage equality advocates and sent the initial version of the marriage bill to the Legislature. He then met with legislative leaders to work out a final version of the bill that addressed some lawmakers’ concerns about additional protections for religious groups and the charities and educational institutions they operate.

Maryland’s O’Malley announced July 22 that he would sponsor marriage equality legislation in the 2012 legislative session. He tasked his director of legislative affairs, Joseph Bryce, with coordinating efforts among a broad coalition of LGBT, civil rights, and faith-based groups, as well as people across the state.

O’Malley said at a press conference that the law provides equal protection and the free exercise of religion to all, adding “Other states have found a way to protect both of these fundamental beliefs.”

And in Maine, the executive director of Equality Maine, Betsy Smith, said in a statement June 28 that the “victory in New York generates wind in the sails of the national movement to win marriage, and more specifically, of our efforts here in Maine.”

EqualityMaine and Gay and Lesbian Advocates and Defenders (GLAD) announced June 30 that they are taking steps to place a citizen’s initiative on the November 2012 ballot, asking Maine voters to approve a law giving same-sex couples the right to marry. The move comes after a referendum in November 2009 overturned a marriage equality law passed by the legislature and signed by Governor John Baldacci (D) in May 2009.

Colorado may also see a question on its 2012 ballot to approve marriage equality. The state Title Board on July 20 approved language for such a question. Supporters of marriage equality must now collect 86,105 signatures in order to place it on the ballot.

Similar measures could also appear in California and Oregon.

An exception to the trend comes in Minnesota, where the legislature has approved a ballot question that seeks to ban marriage of same-sex couples under the state constitution. It is already banned under state law. The same could happen in North Carolina, where the legislature is considering bills for such a ballot measure.

Cuomo, in a press conference after he signed the marriage equality bill, called New York “a beacon for social justice,” noting that the movements for equally for women, for protection of workers, for preservation of the environment, and for equality of gays each have roots in New York.

“New York,” he said, “made a powerful statement, not just for the people of New York, but the people all across this nation.”

© 2011 by Keen News Service. All rights reserved.

—  John Wright

ANNIVERSARIES: Louise Young and Vivienne Armstrong, George Amerson and Mike Grossman

ARMSTRONG-YOUNG  | Louise Young and Vivienne Armstrong celebrated their 40th anniversary Monday, April 18. The couple met on the campus of the University of Colorado at Boulder in 1971 through the Gay Liberation Front organization there. They had a civil union in Vermont in 2000 and were legally married in California in August 2008.

 

GROSSMAN-AMERSON  | George Amerson and Mike Grossman marked their 40th anniversary Wednesday, April 20, after celebrating the event with a gathering of family and friends the previous weekend. Grossman is a Minneapolis native who had lived in Dallas a year when he met Amerson, a native of west Texas who had already lived in Dallas several years when they met. The couple say they are most proud of their children, Laura and Devon Cloud and Barney and Stephanie Grossman, and their grandchildren, Miles and Rachel. The two work in residential real estate, Grossman for 50 years and Amerson for more than 35 years.

—  John Wright