Current Status
- Civil marriage equality in effect at the state level as of 9 June 2015. (Same-sex couples may legally marry.)
- 5 June 2015, Same-sex marriage will be allowed on Guam - Video from KUAM TV via YouTube
- 4 June 2015, openly gay Vice Speaker of the Guam Legislature, Senator B.J. Cruz, has announced his introduction of a bill that would extend critical workplace protections based on sexual orientation and gender identity or expression. The bill is expected to move in the coming weeks.
NOTE REGARDING DATES/TIME: When stateside and reading news stories coming from Guam, please keep in mind that Guam is in the Chamorro Time Zone, which is 14 hours ahead of Eastern Time.
HISTORICAL PERSPECTIVE
- In 2009, there were several attempts to pass legislation that would recognized same-sex relationships. In June 2009, Bill 138 was introduced, which would have created Civil Unions granting gay and lesbian couples all the rights and obligations of heterosexual married spouses. That was followed by the introduction of Bill 185, a gay-inclusive domestic partnership bill. Bill 185 would have granted domestic partners all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, that spouses receive. In August 2009, Bill 212 was introduced. Bill 212 was extremely diluted and would have created agreements between designated gay and lesbian couple beneficiaries,granting them 15 rights – centered mostly on hospital visitations. None of these bills passed.
- Following the 2013 SCOTUS ruling in United States v. Windsor, both the IRS and the Department of Labor (DOL) wrote that for their purposes the term "spouse" refers to any individual who is lawfully married under any state law, including individuals married to a person of the same sex who were legally married in a state that recognizes such marriages, but who are domiciled in a state that does not recognize such marriages. This applies to Guam.
- 4 June 2015, Chief Judge Frances M. Tyndingco-Gatewood, federal judge for Guam District Court, ruled in favor of marriage for same-sex couples! See Aguero v. Calvo under LAWSUITS-RESOLVED below.
Legislation - Enacted
None.
Lawsuits - Resolved
Aguero v. Calvo
Case #: 1:15-cv-00009
Date Filed: 13 April 2015
Court Level: Federal District Court of Guam
Date of Ruling: 4 June 2015
Description:
- 7 April 2015, Guam rejects lesbian couple's marriage license application - By Grace Garces Bordallo, Associated Press via the Denver Post
- 13 April 2015, Loretta Pangelinan and Kathleen Aguero were the first-same sex couple to apply for the document in the U.S. territory. The women responded to the refusal by filing a federal lawsuit in federal district court.
- 13 April 2015, Motion for Summary Judgement and Memo in Support of Judgement.
- 13 April 2015, plaintiffs' Statement of Undisputed Facts.
- 13 April 2015, plaintiff Kathleen M. Aguero's Declaration; plaintiff Loretta M. Pangelinan's Declaration.
- 13 April 2015, Motion for a Preliminary Injunction and Memo in Support of Motion.
- 13 April 2015, plaintiffs' Request for Expedited Ruling.
- 16 April 2015, the plaintiffs filed an amended request for an expedited ruling "...in order to address recent developments."
"There is no effective or meaningful remedy for the loss of Constitutional rights; the only remedy of any value is swift justice. Plaintiffs respectfully request that the Court grant an expedited ruling." - 17 April 2015, No decision by Public Health, Adelup, on gay marriage issue - By Maria Hernandez and Masako Watanabe, Pacific Daily News
- 24 April 2015, States issue marriage licenses despite appeals - By Cameron Miculka, Pacific Daily News
- 4 May 2015, the defendants filed a Motion asking the court to put this case on hold until the U.S. Supreme Court rules in the marriage cases or, in alternative, to grant an extension of at least 14 days to respond to the plaintiffs' complaint, etc. They also filed a Memo in Support of the Motion and a Declaration in support of the motion.
- 5 May 2015, Order filed setting briefing schedule on Guam's motion to put the case on hold.
- Plaintiffs' response due by May 7 at 3:00 p.m.
- Defendants' reply due May 8 at 5:00 p.m.
(Reminder: this is Guam local time.) - 7 May 2015, the plaintiffs filed their Opposition to the defendants Motion to Stay Proceedings pending a decision by the Supreme Court in the marriage cases.
- 8 May 2015, Chief Judge Tydingco-Gatewood will not hold this case pending a decision from SCOTUS in the marriage cases. A hearing is set on the motions for summary judgment and preliminary injunction for Friday, June 5, at 9:30 am Guam time (Thursday, June 4, 7:30 pm EDT/4:30 pm PDT). In the order, the judge did grant the request for an extension of time to May 18 for defendants to respond to the complaint and the motions.
- 18 May 2015, the defendants filed their Answer to the complaint.
- 18 May 2015, the defendants filed their Opposition to a Preliminary Injunction and Summary Judgment.
- 28 May 2015, in a docket-text-only entry, the Court announces that the hearing scheduled for June 5 will be video recorded and available for public viewing.
- 4 June 2015, District Court of Guam Chief Judge Frances Tydingco-Gatewood granted summary judgment for plaintiffs and banned enforcement of all laws in the U.S. Territory denying same-sex couples the freedom to marry. Video: After the ad, Chief Judge Frances M. Tyndingco-Gatewood reads from the bench her order granting summary judgment. The ruling is effective as of 8:00am local time on Tuesday, 9 June 2015 (Monday, June 8 at 6:00pm Eastern Time).
Ballot Initiatives - Passed
None.
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