South Carolina marriage appeal turned down

Marriage_Equality_Map11-17The 4th Circuit Court of Appeals has turned down a request to stay marriage equality in South Carolina.

Although the 4th Circuit has not issued any rulings directly regarding South Carolina’s marriage equality ban, the court has ruled that Virginia’s marriage equality ban is unconstitutional. The U.S. Supreme Court’s refusal to review that ruling means that the 4th Circuit’s decision in the Virginia case extends to all the other others under the 4th Circuit’s jurisdiction.

North Carolina and West Virginia had already complied. South Carolina balked and has been using a variety of delaying tactics.

Unless the U.S. Supreme Court Chief Justice John Roberts steps in, South Carolina will become marriage equality state No. 34 on Thursday, Nov. 20.

 

—  David Taffet

Supreme Court rules on the side of LGBT rights in Washington state case

Clarence Thomas
Justice Clarence Thomas

As the Supreme Court session comes to a close, a number of decisions have been handed down this week. With little fanfare, the court ruled for LGBT rights groups in an 8-1 decision. Only Clarence Thomas voted against, according to the Washington Post.

The Supreme Court ruled that people who sign petitions calling for public votes do not have a right to have their names shielded.

The case involved a Washington state petition to repeal an LGBT domestic partnership law. The anti-marriage group Protect Marriage Washington sued to keep the names of people who signed their petitions secret fearing harassment.

What was surprising about the ruling against the right-wing organization is that the ruling and supporting opinions came from the Court’s own right wing.

Chief Justice John Roberts wrote the opinion. He said disclosure of names is necessary to ensure their authenticity.

The group argued that petitioners have a right to free speech without fear of harassment. Justice Antonin Scalia wrote that laws are in place to prevent reprisals.

The Supreme Court blocked the release of names until their decision. Names are unlikely to be released until the case goes back to lower courts for review.

In the election, Protect Marriage Washington lost by a vote of 53 percent to 46 percent. Same-sex domestic partnerships are the equivalent of marriage in Washington state law.

Fewer than half of states allow citizens to put initiatives on the ballot through petitions. Texas is not one of them.

—  David Taffet