Idaho becomes marriage equality state number … umm… lost count

When Idaho’s Atty. Gen. Lawrence Wasden withdrew his request for a stay on Monday, Oct. 13 and Gov. Butch Otter decided on Tuesday to stop challenging the Ninth Circuit’s ruling on marriage equality, that cleared the way for Idaho to become a marriage equality state.

While Texas and Mississippi continue to battle for last place, Idaho became marriage equality state No. 29. Or 32. We lost count.

Marriages started today in Idaho. Facebook friend Cindy Gross from Boise sent these pics and called the day very exciting. Gross works with the Add the Words campaign trying to get sexual orientation and gender identity added to Idaho’s Human Rights Act.

“Couples getting married today didn’t want their pictures taken because they were afraid they’d lose their jobs,” she said.

But Boise was celebrating with city officials performing weddings. She said lots of straight people were out celebrating along with everyone else.

 

—  David Taffet

UPDATED: SCOTUS’ Anthony Kennedy stays same-sex marriages in ID, NV

1215 flashU.S. Supreme Court Justice Anthony Kennedy has issued a stay on same-sex marriages in Idaho and Nevada pending any further order by Justice Kennedy or the entire court.

“Lawyers for same-sex couples were told to file a response by 5 p.m. Thursday to Idaho’s request,” according to SCOTUS blog. The full order can be found here.

An AP report confirmed BuzzFeed’s Chris Geidner’s earlier inquiry that the stay would affect same-sex marriages in Nevada, which were also impacted by the Ninth Circuit court’s decision

Having allowed those other rulings to take effect without a full review by the Supreme Court, it would be surprising if the justices were to put the 9th circuit ruling on hold for any length of time.

The high court’s action Monday suggested that only an appellate ruling upholding a gay marriage ban would prompt the court to step in.

It’s just another twist from a court full of surprises this week.

Check out the Voice for ongoing news about this week’s rulings on same-sex marriages.

—  James Russell

Another one bites the dust: 9th Circuit strikes down same-sex marriage bans in Nevada, Idaho

Nevada officials have already said they won’t appeal; no word yet from Idaho on appeal

Lisa Keen  |  Keen News Service

 

A unanimous three-judge panel of the Ninth Circuit U.S. Court of Appeals on Tuesday, Oct. 7, struck down state bans against marriage for same-sex couples in Nevada and Idaho.

But the ruling will also — if not appealed — affect bans in Ninth Circuit states with similar bans: Alaska, Arizona and Montana. That means the total count on marriage eq9th Circuituality states could well reach 35 this week.

The result of the Ninth Circuit decision, while widely expected, comes just one day after the surprise action of the U.S. Supreme Court to refuse review of appeals involving state bans in five other states across three other federal appeals circuits. That move alone meant the marriage equality state count would go from 19 to 24 and probably 30, assuming no state with a ban inside those three circuits attempts a long-shot effort to press its case to keep the ban.

The Ninth Circuit’s decision adds five more.

In the 34-page decision released Tuesday afternoon, Judge Stephen Reinhardt wrote that the state bans violate the constitutional rights to equal protection and due process “because they deny lesbians and gays who wish to marry persons of the same sex a right they afford to individuals who wish to marry persons of the opposite sex, and do not satisfy the heightened scrutiny standard we adopted in SmithKline.

“…The lessons of our constitutional history are clear: inclusion strengthens, rather than weakens, our most important institutions,” wrote Reinhardt. “When we integrated our schools, education improved. When we opened our juries to women, our democracy became more vital. When we allowed lesbian and gay soldiers to serve openly in uniform, it enhanced unit cohesion. When same-sex couples are married, just as when opposite-sex couples are married, they serve as models of loving commitment to all.”

Tara Borelli, the senior attorney for Lambda Legal that represented plaintiffs in the Nevada case, Sevcik v. Sandoval, said her group is “delighted” with the result.

Serving on the panel with Reinhardt — an appointee of President Jimmy Carter — were two other judges appointed by Democratic President Bill Clinton, Judge Ronald Gould and Judge Marsha Berzon.

Nevada state officials did not attempt to defend their law and are unlikely to seek an appeal from the full circuit.

Borelli said that while same-sex couples in Nevada can expect to marry soon, she noted that the court “remanded Lambda Legal’s Nevada marriage equality case to the district court for the prompt issuance of an injunction permanently enjoining the state, its political subdivisions and its officers, employees and agents, from preventing same-sex couples from marrying or denying recognition to marriages entered outside of the state.

“Same-sex couples will not be able to enforce their right to marry until that happens,” said Borelli, “but government officials in Nevada may allow same-sex couples to marry before then.”

There was no word at deadline as to whether Idaho officials, who did attempt to defend their ban in Otter v. Latta, would seek such an appeal.

“This also paves the way for victories in Arizona, Alaska and Montana,” noted Borelli, adding, however, that “further orders would need to be entered to bind the parties in those cases. But the law of the circuit is now clear.”

The opinion rejected “out of hand” an argument by defenders of the ban that allowing same-sex couples to marry would cause heterosexual couples with children to conclude that a father is unnecessary.

“This proposition reflects a crass and callous view of parental love and the parental bond that is not worthy of response,” wrote Reinhardt.

In another dramatic section, Reinhardt blasts defenders for claiming to care about protection of children.

“If defendants really wished to ensure that as many children as possible had married parents,” he wrote, “they would do well to rescind the right to no-fault divorce, or to divorce altogether.”

Neither state has done so, he noted.

“…In extending the benefits of marriage only to people who have the capacity to procreate, while denying those same benefits to people who already have children, Idaho and Nevada materially harm and demean same-sex couples and their children,” Reinhardt wrote. “…Classifying some families, and especially their children, as of lesser value should be repugnant to all those in this nation who profess to believe in ‘family values. In any event, Idaho and Nevada’s asserted preference for opposite-sex parents does not, under heightened scrutiny, come close to justifying unequal treatment on the basis of sexual orientation.”

A federal district court judge had upheld Nevada’s ban, but the district court in Idaho had struck that state’s ban down. Reinhardt noted that the Idaho court was influenced by the Ninth Circuit decision in SmithKline v. Abbott, which said that laws targeting gays require heightened scrutiny. That decision had not yet been issued when the Nevada court issued its decision.

© 2014 Keen News Service. All rights reserved.

—  Tammye Nash

Idaho and Nevada marriage bans ruled unconstitutional

Las Vegas

Same-sex couples may soon have the right to get married by Elvis impersonators.

The Ninth Circuit Court of Appeals struck down marriage bans in Idaho and Nevada. The three-judge court voted unanimously.

Fearing a tourism boycott from the LGBT community, officials in Nevada previously said they will not appeal a ruling on their marriage law. The state already had domestic partnerships.

Idaho is more likely to ask for a stay and appeal the decision.

If the 11 states affected by yesterday’s Supreme Court decision not to hear five appeals all begin issuing licenses as well as today’s two states, the count will be 32 state + the District of Columbia with marriage equality to 18 states without. Texas, a “without” state, is becoming part of a very exclusive club that includes only Mississippi, Alabama, Georgia, Florida, Arkansas, Louisiana, Alaska, North and South Dakota, Arizona, Tennessee, Kentucky, Ohio, Michigan, Missouri, Nebraska and Montana.

 

—  David Taffet

This week in marriage equality

marriage-scales-of-justiceIndiana:

A federal judge ruled that Indiana must recognize out-of-state marriages, the last of the five marriage equality cases in Indiana that had not received a ruling. All five cases struck down any ban on same-sex marriage. The ruling is stayed pending appeal. Read more here.

Idaho:

The Ninth Circuit Court of Appeals denied Idaho’s request to appeal en banc (or before all of the court’s judges) a recent ruling overturning the state’s same-sex marriage ban. The case Latta v. Otter (otter–heehee!) was brought before the district court Judge Candy Dale this year by the National Center for Lesbian Rights and private attorneys. Dale ruled in their favor. Of note: the case will be heard concurrently with cases from Nevada and Hawaii, which also follow under the ninth court’s jurisdiction.

Florida:

Florida’s ban on same-sex marriage was ruled unconstitutional today for a fifth time. The difference is that this time, a U.S. District Court made the ruling, so it applies to the entire state. The previous four rulings were in county courts and those rulings applied only to those counties. The ruling is stayed pending appeal.

Department of Veterans Affairs:

Curve ball! The VA isn’t a state, but it’s being sued over not recognizing the partners of veterans in states that don’t recognize same-sex marriage. The case AMPA v. McDonald was brought by Lambda Legal and others, was filed on behalf of the American Military Partner Association.

Australia:

Waaaaaaay down south, Australia’s senate is considering a bill that would permit the country to realize recognition of foreign same-sex marriages, including Aussie couples who marry abroad. A recent ruling in their high court ruled that only Parliament could enact same-sex marriage.

—  James Russell

NOM loses, Idaho governor loses and Ark. attorney general loses, so all appeal

Rosenblum.Ellen

Oregon Atty. Gen. Ellen Rosenblum

Judges in Idaho, Oregon and Arkansas just didn’t seem to be in the mood to listen to state officials today who didn’t care for their rulings. Virginia rolled out the same old, tired arguments that have been struck down across the country in its appeal to the 4th Circuit Court of Appeals.

Idaho Gov. Butch Otter seems desperate to prevent his state’s same-sex couples from marrying beginning Friday. The trial judge refused to put a stay on her decision that legalized same-sex marriage in the state.

Otter said he would ask the 9th Circuit Court of Appeals for a stay pointing to the “unmitigated disaster” that occurred in Utah after that state’s marriage ban was ruled unconstitutional.

Although he didn’t explain the disaster, he probably meant that about 1,300 couples married in Utah between Dec. 20 and Jan. 6, when the U.S. Supreme Court ordered a stay. Those couples’ marriages are recognized by the federal government for tax and benefit purposes. Utah announced that it would allow those couples to file joint state taxes as well.

So you can see what a disaster marriage has been in Utah, but with the Supreme Court stay, Otter is exaggerating by calling the disaster unmitigated. The court mitigated the horror of couples filing their taxes jointly and, in most cases, paying more.

The 9th Circuit is not expected to grant a stay to Idaho. That circuit includes marriage-equality states Washington, California and Hawaii and has ruled in favor of marriage equality in the past. However, the Supreme Court is likely to stay the decision until appeals are exhausted. That may take several weeks.

Speaking of 9th Circuit states, Oregon is the latest state whose marriage law challenge has begun. Last week, the National Organization for Marriage filed papers to defend the marriage laws because the state attorney general declined to defend it.

Today, a federal judge declined to allow NOM to participate in the case.

“This is an Oregon case. It will remain an Oregon case,” U.S. District Court Judge Michael McShane said.

NOM plans to appeal the judge’s decision to the 9th Circuit as well. The judge cited Hollingsworth v. Perry, better known as the Prop 8 case. That Supreme Court decision last year said interveners had to have standing. An organization can’t intervene just because they don’t like the interpretation of government officials.

Oregon Atty. Gen. Ellen Rosenblum is representing the state in the case, but she called the law indefensible.

In Arkansas, the attorney general continues to ask for a stay because of confusion over the ruling. The ruling said the state’s marriage law was unconstitutional. Some county clerks have begun issuing licenses while others have not.

The confusion seems to be among county clerks who don’t seem to want to comply with the ruling, not with the couples who read the ruling and went to the county clerks’ offices and asked for licenses. About 400 couples have married in Arkansas already.

Former Ark. Gov. Mike Huckabee called for the judge’s impeachment.

In Virginia, the state argued that 1.3 million voters passed an amendment. That argument was knocked down earlier this week in Idaho. Virginia also argued the plaintiffs do not have the right to redefine marriage, and they can’t give children a mother and a father.

—  David Taffet

UPDATE: Idaho becomes marriage equality state No. 19 on Friday

Gov Butch Otter

Gov. Butch Otter

UPDATE: On Wednesday, Judge Candy Dale denied Gov. Butch Otter’s request for a stay to delay marriage equality until after all appeals are exhausted. Marriage will begin on Friday.

ORIGINAL STORY: Expecting to lose in U.S. District Court, Idaho Gov. Butch Otter filed a motion for a stay of the court’s expected marriage-equality ruling before it was handed down, according to the Idaho Statesman.

The case was heard on May 5. On Tuesday, Judge Candy Dale handed down a 57-page ruling. If the court doesn’t stay its decision, Idaho becomes marriage-equality state No. 19. Last week, Arkansas became equality-state No. 18.

In court, Idaho Attorney General Lawrence Wasden couldn’t come up with any real reasons to deny same-sex couples to marry. The state’s main argument was that Idaho voters decided the issue in 2006, and the defendants misread the case if they thought that vote was driven by animus.

Judge Candy Dale wrote, “Because Idaho’s Marriage Laws impermissibly infringe on Plaintiffs’ fundamental right to marry, the Laws are subject to strict due process and equal protection scrutiny.”

Dale said the state’s marriage laws “unambiguously expresses a singular purpose — to exclude same-sex couples from civil marriage in Idaho” and found the laws unconstitutional under due process and equal protection under the Fourteenth Amendment.

The judge debunked the state’s argument voters weren’t motivated by animus.

“But ‘preserving the traditional institution of marriage’ is just a kinder way of describing the State’s moral disapproval of same-sex couples,” Dale wrote.

Just how many people does this affect? The U.S. Census Bureau reported 3,245 same-sex households in Idaho in the 2010 census.

In Arkansas, where the marriage laws were declared unconstitutional on Friday, 400 couples have married since the state began issuing licenses on Saturday.

—  David Taffet

Movie Monday: ‘Weekend’ at the Magnolia

Start week out with the ‘Weekend’

Weekend conjures moments of early Gus Van Sant, like My Own Private Idaho and Drugstore Cowboy: It’s full of textures and naturalistic moments that feel unforced. Haigh is a master of long takes that are voyeuristic without seeming prurient. When Glen and Russell meet up again, their banter is both meaningless and confessional, which creates a palpable tension. Their body language points to hormones racing, but they are determined not to make this relationship only about sex, even though the sexual energy is undeniable. This makes the scenes romantic and erotic, and when they explode with passion, you don’t feel like the director has inserted a de rigueur sex scene, but encapsulated the dynamics of the hookup-turned-real-relationship dance (including the slightly scary obsessiveness of “Is this the one?” angst).

Read the entire review here.

—  Rich Lopez

What’s Brewing: Texas Legislature may limit access to drugs for thousands with HIV/AIDS

Your weekday morning blend from Instant Tea:

1. Today is the International Day Against Homophobia & Transphobia, also known as IDAHO, which commemorates the World Health Organization’s removal of homosexuality from its list of mental disorders on May 17, 1990. Activists in Dallas will mark the event for the first time this year, with a march and candlelight vigil beginning at the JFK Memorial downtown. For more info, go here.

2. As a House-Senate conference committee works to finalize the state budget, funding for the Texas HIV Medication Program hangs in the balance. The program, which provides life-sustaining drugs to low-income people with HIV/AIDS, needs an additional $19.2 million over the next two years to serve 3,000 anticipated new clients. The House version of the budget leaves out the needed funds, while the Senate version includes them. Now it’s up to the conference committee to resolve the discrepancy. If the committee doesn’t include the $19.2 million in the final budget, the program likely will be forced to turn away clients or otherwise limit access. Contact members of the House-Senate conference committee and urge them to fully fund the Texas HIV Medication Program by going here.

3. Now that David Kunkle and Mike Rawlings have advanced to a runoff for Dallas mayor, we’re hosting an LGBT forum for the two candidates next week at the Cathedral of Hope. A large turnout for the forum will serve as a reminder to Kunkle and Rawlings that the LGBT community in Dallas is a force to be reckoned with. For details or to RSVP, go here.

—  John Wright

Ummm … so apparently today is the International Day Against Homophobia

And I only found out because of Twitter.

According to this, every May 17 is the International Day Against Homophobia or, and I kid you not, IDAHO for short. Thanks to the reappearing hashtags, #IDAHO, #homophobia and #homofobia, which Ricky Martin used in his tweet, I decided to give it a look-see. Now I’m kinda red-faced I didn’t even know this existed. The day is initiated by the Canadian organization, Fondation Émergence.

—  Rich Lopez