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

This week in marriage equality

KarenMueller

Crazy of the week: Wisc. Republican Congressional candidate Karen Mueller

Louisiana

U.S. District Judge Martin Feldman set July 16 as a deadline to file briefs involving Louisiana’s same-sex marriage ban. The same judge heard arguments last week about recognizing out-of-state marriages and said he was not comfortable ruling on such a narrow issue. He hasn’t set a date to hear the full challenge to the marriage ban or said if he will even hear additional arguments.

Colorado

Three counties in Colorado continue to issue marriage licenses after the 10th Circuit Court of Appeals struck down Utah’s marriage ban. Although the court put a stay on its ruling, the stay specified Utah. County clerks in Colorado, which is also in the 10th Circuit, said the ruling applies to them and the stay does not.

Colorado State Senator Jesse Ulibarri and his partner Louis Trujillo were among the couples who got married last week in Boulder county.

State Attorney General John Suthers said the licenses are invalid and that the Utah decision does not apply to Colorado.

Florida

Former Florida Gov. Charlie Crist, who is running for the office again this fall, filed an amicus brief supporting marriage equality in a challenge to his state’s marriage ban. Crist is running as a Democrat.

In his last term in office, he served as a Republican and did little to advance LGBT rights. He supported the Federal Marriage Amendment to put the ban on same-sex marriage in the U.S. Constitution. As rumors spread that Crist was gay, he got married at age 50.

Indiana

The 7th Circuit Court of Appeals put a stay on a lower court’s ruling that allowed same-sex marriages to begin in the state.

Hundreds of couples married between Tuesday’s ruling and Friday’s stay. While the attorney general said those couples are in legal limbo, their marriages will be recognized by the federal government.

Lambda Legal filed papers with the 7th Circuit to go ahead and recognize the marriage of Niki Quasney and Amy Sandler. Quasney is battling Stage IV ovarian cancer. The trial court granted relief to the couple but the attorney general appealed. The emergency relief granted by the court is no longer in effect since the appeals court’s stay went into effect.

Crazy of the week

Wisconsin Republican Congressional candidate Karen Mueller said on the campaign trail same-sex marriage will lead to “the legalization of marriage between siblings.”

Mueller said that if a same-sex couple can marry, any two people would eventually be able to tie the knot and that the state ban does not actually discriminate against LGBT couples.

Where do they come up with this crap? Must be something going on in her own head and Dallas Voice warns her brothers and sisters to beware.

—  David Taffet

Couples begin marrying in Indiana

IN_IS“Governor Pence supports the Attorney General’s efforts to appeal the federal court’s ruling and defend Indiana’s right to define the institution of marriage for the residents of our state,” said the governor’s press secretary. “Because the Governor believes in the rule of law, the State of Indiana will comply with the federal court’s order as this case moves through the appeals process.”

No stay was issued with the ruling declaring Indiana’s marriage law unconstitutional, so county clerks began issuing licenses. The state has requested a stay and one couple who filed the original lawsuit filed opposition to the stay.

In Indianapolis, 186 couples married on the first day of marriage equality, according to the Indianapolis Star.

—  David Taffet

Dallas Voice contributor gets hitched in Indiana

CWCasey Williams, Dallas Voice’s automotive reviewer (including one of our favorite features, his witty Butch v. Femme headlamp-to-headlamp pairings) is officially married. Casey, who now lives in Indiana, took advantage of the state’s recent entrance into the marriage equality fraternity and wed his longtime partner Jarrod yesterday. (Casey is on the right.)

“[The federal judge's ruling] will probably get [stayed], but there’s nothing they can do about our marriage … finally!” he said.

It’s been a momentous few days for Casey in other ways. He and Jarrod are back at the courthouse today to finalize the adoption of their child. Still, he insists he will not review only cars with Baby On Board window stickers.

Congrats, Casey and Jarrod!

—  Arnold Wayne Jones

WATCH: Edie Windsor talks about her case on the one-year anniversary of the DOMA decision

Edie Windsor, plaintiff in the landmark case decided one year ago today that found parts of the Defense of Marriage Act unconstitutional, talks about her case on this video released by Marriage Equality USA.

—  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

Breaking: Indiana judge strikes down marriage ban

The wedding march continues.

A spokeswoman for Lambda Legal has just announced that U.S. District Court Judge Richard L. Young has ruled Indiana’s ban on marriage for same-sex couples is unconstitutional. Lambda Legal challenged the law on behalf of five couples seeking the freedom to marry in Indiana or recognition of a marriage from another state.

Rae Baskin, left, and Esther Fuller

Rae Baskin, left, and Esther Fuller

“It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love,” Young wrote in his ruling, after noting that every federal district court that has ruled regarding same-sex marriage has ruled against discriminatory bans.

Young continued, “In time, Americans will look at the marriage of couples such as plaintiffs, and refer to it simply as a marriage — not a same-sex marriage. These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such.”

Lambda Legal Staff Attorney Paul D. Castillo said his organization is thrilled with the ruling. “Indiana now joins the momentum for nationwide marriage equality and Hoosiers can now proclaim they are on the right side of history,” he said.

Amy Sandler, one of the plaintiffs, called Young’s ruling “an awesome day for Indiana. … We are especially happy for our children because they’ll be growing up in state that values all families equally.”

Lead plaintiff Rae Baskin said she and her partner have “waited for this moment since we decided to share our lives with each other.”

Read the decision here.

Read more about the families and the entire case here.

—  Tammye Nash

This Week in Marriage Equality

Archbishop Salvatore Cordileone

Archbishop Salvatore Cordileone

Dozens of people showed up for National Organization for Marriage’s annual March for Marriage — heterosexual-only marriage, that is.

Among the high-profile participants was Archbishop Salvatore Cordileone of San Francisco, who apparently participated mostly to piss off the majority of his own city’s population as well as his congresswoman, Rep. Nancy Pelosi and and Lt. Gov. Gavin Newsom who pleaded with him not to attend.

Presbyterians

The Presbyterian Church voted on Wednesday to allow pastors to marry same-sex couples in states where it’s legal. That must now be passed by a majority of the 172 local U.S. presbyteries.

Michigan

In a brief filed in Michigan’s marriage-equality case, 14 Republicans, including former state legislators, said conservative “values are advanced by recognizing civil marriage rights for same-sex couples,” not harmed.

“Providing access to civil marriage for same-sex couples poses no credible threat to religious freedom or to the institution of religious marriage,” they wrote in their brief.

Arizona

What the hell is going on with Republican Gov. Jan Brewer of Arizona. First, she vetoed anti-gay legislation and now she says it’s time for legal protection.

HRC reported that on Tuesday, Arizona Gov. Jan Brewer acknowledged that Arizona laws do not prevent discrimination based on sexual orientation and suggested that it might be time to change that.

“I do not believe in discrimination,” Brewer said. “We are in the United States of America and we have great privilege that is afforded to everyone.

Sixth Circuit

The Sixth Circuit Court of Appeals announced Monday they will heard all five cases pending before the court on August 6.

The court will hear cases from all four states in the circuit: DeBoer v. Snyder from Michigan; Bourke v. Beshear in Kentucky; Tanco v. Haslam in Tennessee; and both Henry v. Himes and Obergefell v. Himes in Ohio.

Both sides in the Michigan and Ohio cases will get 30 minutes to argue their case, while both sides in Kentucky and Tennessee will get 15 minutes.

—  David Taffet

Wisconsin marriage battle getting nasty

J.B. Van Hollen

Attorney General J.B. Van Hollen

Marriages continue in Wisconsin despite Attorney General J.B. Van Hollen’s best attempts to stop them.

“Constitutions don’t defend themselves,” Van Hollen said. “They’re not worth the paper they’re written on if someone does not defend what’s in there.”

Last Friday, a U.S. District Court judge threw out the state’s marriage ban. More than half the state’s county clerks began issuing marriage licenses.

Van Hollen has been trying to get a stay of the court order but had been unsuccessful so far. So now he’s threatening the county clerks, telling them they could be charged.

Under state law, a county clerk could be jailed for nine months and receive a $10,000 fine for issuing licenses that are not allowed.

He’s also told newly married couples their marriages are invalid and not recognized by the state.

The issue is that when the district court judge issued her ruling, she did not issue an order to county clerks to begin issuing licenses.

Meanwhile, more couples are getting married in Wisconsin and more clerks are issuing licenses. Currently, marriage licenses are being issued by 63 or the 72 county clerks.

 

—  David Taffet

Wisconsin couples continue to marry after judge denies stay

U.S. District Judge Barbara Crabb

U.S. District Judge Barbara Crabb

Same-sex couples continue to marry in Wisconsin after a judge refused to stay her decision declaring the state’s marriage ban unconstitutional.

Clerks in 41 of Wisconsin’s 72 counties have begun issuing marriage licenses. Many have waived the state’s five-day waiting period to marry.

Attorney General J.B. Van Hollen filed an appeal with the Seventh Circuit Court of Appeals in Chicago and the district court that issued the ruling to put a stay on its decision.

“A stay is necessary in this case to avoid confusion and to maintain the status quo,” he argued.

He didn’t say what was confusing about same-sex couples getting married in his state as they can in 19 other states.

Judge Barbara Crabb, who issued the ruling on Friday, refused to stay her decision today. Marriages will continue in Wisconsin at least until the attorney general asks the Seventh Circuit to stay the decision through its appeal process.

Despite Crabb’s announcement today that she would not stay her decision, Hollen said marriages licenses should not be issued because Crabb did not enjoin enforcement of the marriage law. Crabb said how clerks interpret marriage law is outside the realm of the lawsuit in her court and she would not issue instructions to them.

—  David Taffet