Judge tosses Colorado same-sex marriage ban, but stays ruling pending appeal

U.S. District Judge Raymond Moore issued his ruling today overturning Colorado’s ban on same-sex marriage. His ruling comes less than a month after a state district judge ruled in a separate care that the ban is unconstitutional.

Moore rejected Attorney General John Suthers’ argument that failing to issue a stay would be harmful to the state and cause legal confusion. But the judge did temporarily stay his ruling to give Suthers’ office until 8 a.m. on Aug. 25 to appeal his ruling to the 10th U.S. Circuit Court of Appeals.

Read The Denver Post’s story on the ruling and the complicated background of state court rulings vs. federal court vs. a 10th U.S. Circuit Court of Appeals ruling in a similar case in Utah and the more than 3oo marriage licenses issued to same-sex couples in Colorado since June 25.

—  Tammye Nash

Marriage equality updates: While we wait on Colorado …..

U.S. District Judge Raymond P. Moore, who heard arguments yesterday in a suit seeking to overturn Colorado’s ban on same-sex marriage, has indicated he is likely to rule in favor of the gay couples who say the ban is unconstitutional. The real question is whether Judge Moore will put his ruling on hold until the inevitable appeals are heard and decided, according to this report by The Washington Post.

Colorado Attorney General  John Suthers isn’t opposing the plaintiffs’ request for an injunction overturning the marriage ban, but he does want Judge Moore to stay his ruling. On the flip side, though, plaintiffs’ attorney Mari Newman argued against the stay, reminding the judge that “justice delayed is justice denied.”

Judge Moore is expected to announce his ruling and his decision on whether or not to issue the stay sometime today. But while we are waiting to hear from Colorado, here are a few more marriage-related tidbits to ponder. (And yes, David Taffet usually does the marriage news roundup here on Instant Tea, but he’s on vacation this week.)

 

Rubio still opposes marriage equality

Official Portrait

Sen. Marco Rubio

File this one under the “Color Us NOT Surprised” heading: Sen. Marco Rubio, a Florida Republican, is expected to reiterate his opposition to marriage equality in a speech at a Catholic university later today. OK, so he’s not gonna actually say he opposes same-sex marriage. What he’s going to say is that he believes states’ should be allowed to define marriage as they see fit, whether he agrees with them or not, and without interference from the federal courts.

Rubio, a possible Republican presidential candidate, has also said he is not in favor of a federal constitutional ban. By saying that he personally opposes same-sex marriage but believes states should be able to define marriage as they see fit, Rubio is likely looking for a little bit of semi-neutral middle ground in preparation for that possible run for the White House.

This report in the Tampa Bay Times gives more detail on his words and his voting record.

 

Equality Florida to deliver petitions to Bondi

The four same-sex couples challenging Florida’s ban on same-sex marriage along with representatives of Equality Florida Institute are set to deliver 7.000 petitions signed by Floridians to Attorney General Pam Bondi, urging her to “stop wasting taxpayer resources” defending the ban.

Monroe County Chief Circuit Judge Luis M. Garcia issued a ruling on July 17 declaring the ban unconstitutional, although on Monday, July 21, he issued a stay of the ruling as the case moves through the appeals process.

Equality Florida says that recent surveys show that at least 57 percent of Florida residents support marriage equality.

The petitions will be delivered Thursday morning.

On Wednesday, the Miami Herald’s Fred Grimm posted this column criticizing the twice-divorced Bondi for appealing Garcia’s ruling.

“With five divorces between the two of us, Pam Bondi and I aren’t exactly paragons of marriage stability,” Grimm writes. “Nothing in Florida law, however, would keep either one of us from denigrating that hallowed institution once again.”

—  Tammye Nash

New report calls marriage equality in Texas a “gold mine”

domareact_0627met001A report released by the LGBT think tank Williams Institute at the University of California Los Angeles School of Law estimates that legalized same-sex marriage in Texas would give new meaning to the phrase “Texas Miracle.”

According to the report, if same-sex marriage was legalized today, wedding planning would bring jobs, tourists and lots of cash.

Of the state’s 46,000 same-sex couples, 23,200 would marry over the next three years, the report estimates. That means:

• Total spending on wedding arrangements and tourism by resident same-sex couples and their guests would add an estimated $181.6 million to the state and local economy of Texas over the course of three years, with a $116.2 million boost in the first year alone.”

• This economic boost would add $14.8 million in sales tax revenue to state and local coffers.

• Spending related to same-sex couples’ wedding ceremonies and celebrations would generate 523 to 1,570 full- and part-time jobs in the state

The study follows a federal ruling in February striking down Texas’ ban on same-sex marriage.

You can read the full report here.

—  James Russell

Susan Sarandon: An American for marriage equality

Award-winning actress and progressive activist Susan Sarandon has made this video (below) for the Human Rights Campaign’s marriage equality campaign. She says: “While marriage might not be my thing, if it’s your thing you damn well ought to be able to have it equally and unequivocally.”

—  Tammye Nash

BREAKING: 10th Circuit says OK marriage ban is unconstitutional

Bs1h9tfCAAAgOOnA U.S. appeals court ruled today that Oklahoma’s ban on same-sex marriage is unconstitutional. The 2-1 vote by the U.S. Tenth Circuit of Appeals affirmed U.S. Judge Terence Kern’s earlier decision in Bishop v. Smith.

The same three-judge panel also ruled earlier Utah’s ban on same-sex marriage is unconstitutional.

The court stayed its ruling however, pending an appeal by the state of Oklahoma.

The case is the oldest challenge to a same-sex marriage ban in the country.

Since the Supreme Court’s major gay rights decisions last year, 17 federal courts have ruled that state same-sex marriage bans are unconstitutional. More than 70 cases are pending in federal court including one in Texas, DeLeon v. Perry according to a press release from the Human Rights Campaign.

 

—  James Russell

Holder: DOJ will file brief in favor of same-sex marriage

eric holder.small

U.S. Attorney General Eric Holder

U.S. Attorney General Eric Holder told ABC News’ Pierre Thomas on Monday that the Justice Department will be filing a brief in the Utah same-sex marriage case urging the U.S. Supreme Court to uphold a lower-court ruling and block states from banning same-sex marriage.

District Judge Robert J. Shelby ruled last December that Utah’s same-sex marriage ban is unconstitutional. A three-judge panel of the 10th Circuit Court of Appeals upheld the ruling last month, and Utah Attorney General Sean Reyes announced that instead of asking the full 10th Circuit Court to review the case, he would appeal directly to the U.S. Supreme Court.

Holder said that filing the brief would be “consistent with the actions we have taken over the past couple of years,” in which the Justice Department has refused to defend the federal Defense of Marriage Act. Holder said that decision was “vindicated by the Supreme Court,” which ruled last year in Windsor vs. United States that the sections of DOMA allowing the federal government not to recognize same-sex marriages performed in jurisdictions that recognize such marriages are unconstitutional.

Holder told Thomas that he believes banning same-sex marriage is unconstitutional and that such bans cannot survive the standard of heightened scrutiny. He called the fight for LGBT rights “a defining civil rights challenge of our time,” and that LGBT people are waiting for an “unequivocal declaration that separate is inherently unequal.”

 

—  Tammye Nash

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

BREAKING NEWS: Appeals court grants stay for Sandler and Quasney

Amy Sandler and Niki Quasney

Amy Sandler and Niki Quasney

The 7th Circuit Court of Appeals issued an order today compelling the state of Indiana to recognize the marriage of Amy Sandler and Niki Quasney, even though the federal district judge that struck down the state’s same-sex marriage ban last week stayed his ruling, leaving the ban in effect while the case makes its way through the appeals process. The 7th Circuit Court issued its ruling after Lambda Legal filed an emergency motion asking that the stay be lifted for Sandler and Quasney because Quasney is battling stage 4 ovarian cancer and “the family needs the dignity, comfort and protections of marriage as they fight to be together,” according to a statement just released by Lambda Legal.

The 7th Circuit Court also set an expedited briefing schedule in the base, Baskin v. Bogan, with all briefs in the case due by Aug. 5. Arguments in the case could come as early as the end of the summer, Lambda Legal officials said.

Paul D. Castillo, staff attorney with Lambda Legal, said: “It is time for the state of Indiana to leave Niki and Amy in peace and not subject them and their marriage to any more stress and uncertainty as this case proceeds. We are thrilled that the court ruled in favor of this family … . We will continue to fight until no family in Indiana needs to worry about their marriage being stripped away from them and all Hoosiers have the freedom to marry.”

The couple filed suit challenging Indiana’s same-sex marriage ban in March in the U.S. District Court in the Southern District of Indiana, and Lambda Legal later filed a motion seeking immediate relief for the two women and their two children, ages 3 and 1.

Quasney was diagnosed with stage 4 ovarian cancer nearly five years ago in 2009, when she had more than 100 tumors surgically removed. Since then she has gone through years of chemotherapy to battle the disease. Quasney and Baskin have a civil union in Illinois and were married in Massachusetts last year. But they need to have their marriage recognized in Indiana, where they live, to “receive the full protections that every other married family in Indiana receives,” according to Lambda Legal representatives.

Click here to read the 7th Circuit Court’s order lifting the stay for Baskin and Quasney. Click here to see Lambda Legal’s request for an emergency order. Click here to sign the petition urging the Indiana attorney general to abandon the appeals, and click here to read more about the families and the entire case.

—  Tammye Nash

BREAKING NEWS: Kentucky judge rules in favor of marriage equality

U.S. District Judge John G. Heyburn II has just ruled that Kentucky’s constitutional amendment banning same-sex marriage violates the U.S. Constitution, according to reports by The Courier-Times. This ruling comes four months after Heyburn’s decision in February ordering the state to recognize same-sex marriages performed in jurisdictions where such marriages are legal.

Judge John G. Heyburn IIDon’t expect immediate wedding bells in The Bluegrass State. Heyburn put his ruling on hold pending a decision by a higher court.

Lawyers for Kentucky Gov. Steve Beshear’s only argument in support of the ban was that traditional marriages contribute to a stable birth rate and the state’s long-term economic stability. Heyburn rejected that reasoning, saying “These arguments are not those of serious people.”

Heyburn said in his ruling, “In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.” He also said that there is “no conceivable legitimate purpose” for the ban and that it violates the constitutional guarantee of equal protection under the law.

Since the U.S. Supreme Court in June 2013 overturned a significant portion of the federal Defense of Marriage Act, there have been at least 15 court rulings at various levels of the federal court system overturning same-sex marriage bans or bans on recognizing same-sex marriages legally performed elsewhere. That number could go up again soon since a state trial court in Miami is slated to hear oral arguments Wednesday on a motion filed in May by six same-sex couples and Equality Florida Institute challenging Florida’s same-sex marriage ban.

—  Tammye Nash