Texas won’t issue driver’s license to gay man because he’s married

Screen shot 2014-12-08 at 1.11.38 PMAccording to a report in the Des Moines Register, an Iowa gay couple who moved to an Austin suburb can’t get Texas drivers license because of their marriage.

Michael Miller Gribble changed his name on all legal documents after he and his husband married. When they moved to Texas, he brought his marriage license and birth certificate to apply for his new driver’s license. He was turned away because Texas won’t recognize a marriage license from a same-sex couple as proof of a name change.

He was told he could either get a divorce or a legal name change. Opposite-sex couples do not need a court-order to change last names. A marriage license is proof of the change.

The newspaper reports that couples from Iowa have had similar problems in Nebraska, Florida and South Dakota. Iowa has been a marriage-equality state since 2009.

Gribble applied for a passport that will reflect his new name. He can use that as proof of who he is rather than a marriage license and birth certificate.

He pointed out the extra cost and inconvenience involved and pointed out the unfair financial penalties of being gay or lesbian that goes against the constitutional guarantee of equal protection.

This isn’t the first time that the state of Texas has refused to issue a driver’s license because of a same-sex-marriage-related name change. It happened earlier this year to a lesbian who legally married her female partner in California and then moved with her wife to Texas. And in October, Houston Mayor Annise Parker announced on Twitter that the state refused to give her 16-year-old daughter a driver’s license because the girl’s birth certificate listed two moms.

—  David Taffet

UPDATE: Defined benefit retirement plans must also recognize same-sex marriages

David-Henderson

David Mack Henderson

In the Dec. 5 issue of Dallas Voice, we reported on the discovery by Resource Center Communications and Advocacy Manager Rafael McDonnell and Fairness Fort Worth President David Mack Henderson that the Internal Revenue Service requires that defined contribution retirement plans — such as 401(a), 401(k) and 125 cafeteria plans —  recognize same-sex spouses of plan members if the couple were married in a jurisdiction that legally recognizes such marriages — even if the couple lives in a state that bans marriage equality.

Henderson has since discovered that defined benefit plans must also recognize same-sex spouses:

“From Answers to Frequently Asked Questions for Individuals of the Same Sex Who Are Married Under State Law:
Q17. What are some examples of the consequences of these rules for qualified retirement plans?
A17. The following are some examples of the consequences of these rules:
Plan A, a qualified defined benefit plan, is maintained by Employer X, which operates only in a state that does not recognize same-sex marriages. Nonetheless, Plan A must treat a participant who is married to a spouse of the same sex under the laws of a different jurisdiction as married for purposes of applying the qualification requirements that relate to spouses.”

A defined benefit pension plan is a type of pension plan in which an employer/sponsor promises a specified monthly benefit on retirement that is predetermined by a formula based on the employee’s earnings history, tenure of service and age, rather than depending directly on individual investment returns. A defined contribution plan, on the other hand, does not promise a specific amount of benefits at retirement. In these plans, the employee or the employer (or both) contribute to the employee’s individual account under the plan, sometimes at a set rate.

You can also find information on the Equality Texas website.

—  Tammye Nash

BREAKING: 11th Circuit refuses to extend stay on marriage equality in Florida

Screen shot 2014-12-03 at 3.02.46 PMEquality Florida has just announced that the 11th Circuit Court of Appeals has denied the state of Florida’s request to extend the stay placed on a lower court’s ruling overturning the Sunshine State’s ban on marriage equality.

This clears the way for same-sex couples to begin applying for marriage licenses late on Jan. 5 when the current stay expires.

Nadine Smith, Equality Florida CEO, said, “We are thrilled … . Every day of delay is another day of harm experienced by thousands of loving and committed same-sex couples in Florida. Now it’s time to break out the wedding bells. Florida is ready for the freedom to marry.”

U.S. District Court Judge Robert Hinkle issued his ruling declaring Florida’s same-sex marriage ban unconstitutional on Aug. 21 in two federal marriage cases that had been consolidated — Brenner v. Scott  and Grimsley and Albu v. Scott. The state, represented by Gov. Rick Scott and Attorney General Pam Bondi, had asked the 11th Circuit Court to extend the stay until the appeals process is complete. Today, the 11th Circuit said no to that request.

—  Tammye Nash

Montana becomes No. 35

Marriage_Equality_Map11-17

By the end of November, the orange and purple should be blue on this map.

U.S. District Judge Brian Morris has ruled in favor of the freedom to marry and respect for same-sex couples’ marriages in Montana.

Today’s (Wednesday, Nov. 19) ruling follows a favorable marriage ruling by the 9th Circuit Court of Appeals in cases out of Idaho and Nevada. The circuit court holds jurisdiction over Montana, as well as Alaska and Arizona, which also have the freedom to marry.

Although Montana can appeal to the 9th Circuit, that court has refused to stay marriage rulings for other states. The U.S. Supreme Court hasn’t stayed rulings in circuits where it rejected appeals. So marriage in Montana is likely to begin over the next few days.

Evan Wolfson, president of Freedom to Marry, released the following statement:

“Montana’s same-sex couples and their loved ones want what all families want: joy, protections, security, and respect — and that’s what the freedom to marry is all about. This ruling, in keeping with nearly every other court that has ruled in more than a year, brings us to 35 states with the freedom to marry — but we are not done until we end marriage discrimination in all 50 states. It’s time for the Supreme Court to affirm the freedom to marry nationwide and bring our country to national resolution for all loving and committed couples in every state.”

More than 50 federal and state courts in the past year have ruled in favor of the freedom to marry for same-sex couples.

—  David Taffet

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

Oklahoma grants first same-sex divorce

oklahoma-marriageAs marriage equality spreads across the country, there’s a major lesson the gay and lesbian community needs to learn: Just because you CAN get married, doesn’t mean you SHOULD get married.

Although Oklahoma has had marriage equality for almost two months, it’s already had its first same-sex divorce. It’s not as bad as it sound, however.

Deanne and Julie Baker of Oklahoma City married in Iowa in 2012. They tried to divorce over the summer, but the Oklahoma court rejected their petition, because it didn’t recognize the marriage. Once marriage equality hit the state, the petition was accepted on Oct. 15 and the couple is divorced.

So remember, if you visit a marriage equality state to marry and you then consider divorce, Texas is neither a marriage equality state nor a divorce equality state. And a couple can only divorce in their home state, unless at least one of them establishes residency elsewhere.

—  David Taffet

Guns, God and gays: first day of prefiling for upcoming Lege session

abaa8de7236b4022851ea2557e2d68b0dc212ddb6ea8b427616006bb297bd2cdToday is the first day for Texas legislators and members-elect to pre-file legislation for the 84th legislative session. This means you get to see just how crazy some of your newly and returning elected officials really are. Don’t worry everyone, the first day of pre-filing didn’t bring out the worst of your electeds just yet. Rep. Bill Zedler, R-Arlington, only filed a handful actually, so the worst is yet to come.

As of mid-afternoon, legislators have pre-filed 336 bills.

Rep. Walter “Four” Price, R-Amarillo, filed four bills commemorating the National Day of Prayer, Christmas, Easter and Thanksgiving. Rep. Jonathan Stickland, R-Bedford, filed HB 195, loosening restrictions on gun toting. Rep. Jeff Leach, R-Plano, is gonna keep abortionists out of the classroom with HB 205.

But wait! LGBT people were recognized by our allies!

Out Rep. Mary Gonzalez, D-El Paso, filed HB 70, an anti-bullying bill preventing discrimination against and harassment of students in public schools based on their sexual orientation and gender identity.

Rep. Garnet Coleman, D-Houston, filed HJR34, one of many bills targeting the repeal of Texas’ same-sex marriage ban. As the Voice reported, Rep. Rafael Anchia, D-Dallas, filed HB 130, repealing Texas’ same sex marriage ban. The identical SB 98, was filed by Sens. Juan Hinojosa, D-McAllen, and José Rodríguez, D-El Paso. Sen. Rodríguez also filed SB 148, repealing language condemning homosexuality in the state’s health and penal codes.

 

 

—  James Russell

This Week in Marriage Equality: Kansas poised to become No. 33

PrintKansas

Kansas officials asked the 10th Circuit Court of Appeals to place a stay on marriage equality while its case works its way through the courts. Either Kansas officials are just dumb or they’re looking for ways to delay equality.

The 10th Circuit already ruled that marriage bans in Oklahoma and Utah violate due process and were created out of animus toward gays and lesbians. Why Kansas officials think that same court would rule the Kansas law doesn’t violate due process and there’s no animus there because, well, Dorothy is from Kansas, is anyone’s guess.

The court gave the state a one-week stay. That stay ends on Tuesday, Nov. 11, unless Justice Sonia Sotomayor grants a stay. However, even though the U.S. Supreme Court stayed the 8th Circuit’s Utah and Oklahoma rulings, they’ve already said they didn’t want to hear those cases. There’s no reason to stay the Oklahoma and Utah rulings for Kansas.

Mississippi

U.S. District Judge Carlton Reeves will hear a challenge to Mississippi’s marriage ban on Wednesday, Nov. 12. Reeves was nominated to the court by President Barack Obama. Bye bye Mississippi marriage ban.

A decision would be appealed to the 5th Circuit, which also includes Texas and Louisiana and which has not yet weighed in on marriage equality. That court is considered among the most conservative and could come down on the side of discrimination. The 5th Circuit will hear the Louisiana and Texas appeals in January.

Michigan, Ohio, Tennessee, Kentucky

Plaintiffs in the cases in the four states in the 6th Circuit — Michigan, Ohio, Tennessee and Kentucky — whose marriage bans were upheld last week will all appeal directly to the U.S. Supreme Court.

In any of the cases, plaintiffs could have asked for an en banc hearing in which all of the 6th Circuit judges would have heard the case. Instead, rather than delaying the case and hoping for a nationwide resolution of the issue by the end of June 2015, they each decided for a direct appeal.

Because of the split among circuits, the U.S. Supreme Court is compelled to take a marriage case, but could delay hearing a case until next session. Since the 6th Circuit issued just one decision for all four states, the court could decide to hear from all states or could choose just one appeal.

—  David Taffet

BREAKING: Restraining order bars Houston from offering equal benefits

Houston-Mayor-Annise-Parker

Houston Mayor Annise Parker

A district judge has ordered Houston to stop offering same-sex benefits to its employees. The order, found here, states that the city cannot issue benefits under the city’s charter and Family Penal Code because same-sex couples are not formally recognized by Texas.

“The city is preparing an immediate appeal.  Once that appeal is filed, today’s ruling will be stayed and a previous order issued at the federal court level allowing the city to implement same sex spousal benefits will continue in effect.  As a result, today’s action will have no impact on the status quo,” city spokeswoman Janice Evans said in a statement.

Follow the Voice for more information.

—  James Russell

BREAKING: Judge rules Missouri gay marriage ban unconstitutional

rainbow-flagThe AP reports Missouri’s ban on same-sex marriage ban has been ruled unconstitutional.

St. Louis Circuit Judge Rex Burlison issued the ruling today, Wednesday, Nov. 5, after hearing arguments on Sept. 29.

After the city of St. Louis issued marriage licenses in June to four same-sex couples, Assistant Attorney General Jeremiah Morgan defended the state’s ban on same-sex marriage.

St. Louis City Counselor Winston Calvert countered that the existing law treats same-sex couples as “second-class citizens.”

“Today’s ruling adds to the powerful momentum of victories from a bipartisan array of federal and state judges as we work to secure the freedom to marry nationwide,” Marc Solomon, national campaign director of Freedom to Marry, said in a statement.

One month ago a state ruling required Missouri must recognize same-sex marriages performed out of state.

32 states currently issuing recognize same-sex couples.

—  James Russell