Policy and Legal Update - March 10-16, 2014
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
March 10 – 16, 2014NATIONAL MAP
NATIONAL POLLS
STATE POLLS
NATIONAL LEGISLATION PENDING
NATIONAL LEGISLATION ENACTED
LAWSUITS PENDING
VIRGINIA • On 10 March 2014, in Timothy Bostic, et al. vs. VA 4th Circuit Court Clerk George Schaefer, et al., a federal lawsuit challenging VA’s 2006 ban on same-gender marriage, the 4th U.S. Circuit Court of Appeals allowed plaintiffs for Joanne Harris, et al. v. VA State Registrar Janet Rainey, et al.to join the appeal, with an expedited hearing date of May 12-15. Briefs are due from defendants by 28 March 2014, from plaintiffs by 11 April, and the defendants’ reply is due by 30 April. • MEUSA Summary • News Source ALABAMA • On 12 March 2014, in Shrie Michelle Richmond & Kirsten Allysse Richmond v. Madison County Circuit Clerk, a judge denied a divorce for two women who married in IA in 2012, and their attorney said they will appeal. • MEUSA Summary • News Source WISCONSIN • On 11 March 2014, in Virginia Wolf & Carol Schumacher, et al., v. WI Governor Scott Walker, et al., a federal lawsuit for 4 couples challenging the 2006 WI ban on same-gender civil marriage or civil union, and WI's unique ban on marrying elsewhere, for which each spouse faces up to $10,000 in fines and 9 months in prison as soon as they return to WI, plaintiffs withdrew their request to suspend enforcement of the same-gender civil marriage ban while their lawsuit is pending, in exchange for (1) a quick ruling and (2) an agreement that two of the plaintiff couples will not be prosecuted for marrying in another state. • MEUSA Summary • News Source ARIZONA • On 13 March 2014, in Nelda Majors & Karen Bailey, et al. v. AZ Attorney General Tom Horne, et al., Lambda Legal filed a federal lawsuit for 7 couples, and the surviving spouses of 2 additional same-gender couples, challenging the AZ 1996 and 1999 laws and the AZ 2006 constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source FLORIDA • On 12 March 2014, in Sloan Grimsley & Joyce Albu, et al., v. FL Governor Rick Scott, et al., ACLU filed a federal lawsuit for 8 same-gender couples and SAVE, challenging the FL ban on recognizing marriage licenses from elsewhere. • MEUSA Summary • News Source TENNESSEE • On 14 March 2014, in Valeria Tanco, et al. v. TN Governor William Haslam, et al., a constitutional challenge to the TN law that bans recognition of same-gender civil marriage, a judge issued a preliminary injunction requiring TN to recognize the marriage licenses obtained by the (now) 3 plaintiff couples from other states, so long as their lawsuit remains in progress. The judge noted that “all signs indicate that, in the eyes of the United States Constitution ... that proscriptions against same-sex marriage will soon become a footnote in the annals of American history.” • MEUSA Summary • News Source WISCONSIN • On 14 March 2014, in Virginia Wolf & Carol Schumacher, et al., v. WI Governor Scott Walker, et al., a federal lawsuit for 4 couples challenging the 2006 WI ban on same-gender civil marriage or civil union, and WI’s unique ban on marrying elsewhere, for which each spouse faces up to $10,000 in fines and 9 months in prison as soon as they return to WI, WI Department of Justice asked that the case be put on hold until the WI Supreme Court decides whether the WI domestic partner registry violates the WI ban on same-gender civil marriage in Julaine Appling, et al., v. WI Governor Scott Walker, et al. • MEUSA Summary • News Source INDIANA • On 14 March 2014, in Midori Fujii, et al. v. IN Governor Michael Pence, ACLU of IN filed a federal suit for 13 plaintiffs (5 gay couples, 1 widow, and 2 children) challenging the IN ban on same-gender civil marriage in IN and elsewhere, funeral arrangements, and inheritance taxes. • MEUSA Summary • News Source INDIANA • On 14 March 2014, in Pamela Lee & Candace Batten-Lee, et al. v. IN Governor Michael Pence, et al., a federal suit was filed seeking marriage rights and benefits for public workers. • MEUSA Summary • News Source INDIANA • On 10 March 2014, in Rae Baskin & Esther Fuller, et al. v. Bogan, et al., Lambda Legal filed a federal suit for 3 couples challenging the IN same-gender civil marriage ban, and especially end-of-life health care. • MEUSA Summary • News Source INDIANA • On 14 March 2014, in Bowling, Bowling & Bruner v. IN Governor Michael Pence, 2 lesbian women filed a federal lawsuit to have their IA marriage recognized by IN, and an additional plaintiff sued because her IA marriage was never recognized by IN. • MEUSA Summary • News Source OHIO • On 26 February 2014, in Jim Obergefell & John Arthur v. OH Public Health Director Theodore Wymyslo, a federal marriage recognition lawsuit, the 6th Circuit U.S. Court of Appeals denied the plaintiffs’ motion for an expedited briefing schedule, and instead set a deadline of 30 May for all 3 briefs from both parties. • MEUSA Summary • News Source KENTUCKY • On 14 March 2014, in Timothy Love, et al. v. Kentucky Governor Steve Beshear (formerly Gregory Bourke & Michael De Leon, et al. v. Kentucky Governor Steve Beshear), a federal lawsuit challenging KY’s ban on recognizing same-gender couples married elsewhere, KY Governor Steve Beshear asked the court to delay the 20 March 2014 effective date when KY must start recognizing same-gender civil marriages from other states. • MEUSA Summary • News SourceLAWSUITS RESOLVED
STATE LEGISLATION PENDING
STATE LEGISLATION ENACTED
STATE BALLOT MEASURES
- Legalized Discrimination • On 14 March 2014, the OR attorney general titled ballot initiative IP-52, “Religious Belief Exceptions to the Anti-Discrimination Laws...” IP-52 is sponsored by two anti-LGBT organizations (Friends of Religious Freedom, Oregon Family Council). • MEUSA Summary • News Source
Send questions and comments to: [email protected].
Policy and Legal Update - January 20-26, 2014
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
January 20 – 26, 2014NATIONAL MAP
NATIONAL POLLS
- On 8 December 2013, Anzalone Liszt Grove Research surveyed 800 registered voters in states where same-gender couples could not marry about whether they should be able to marry, and reported that51% said yes, 41% said no, with 8% unaccounted for. Among non-equality states, support is strongest in central states (59% to 36%), then western states (53% to 34%), then southern states (46% to 46%). Among non-equality states nationwide, 56% of voters expect same-gender civil marriage to be legal within 2 years, and 78% expect minimal or a positive impact. • News Source
NATIONAL LEGISLATION
LAWSUITS
UTAH • On 16 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal lawsuit challenging UT’s constitutional amendment banning same-gender civil marriage, UT decided to pay $300,000 to the 3 attorneys who, with help from 2 UT attorney general staff attorneys, will argue to ban same-gender civil marriage before the 10th Circuit U.S. Court of Appeals. Their fee for the U.S. Supreme Court appeal would be similar. • MEUSA Summary • News Source FLORIDA • On 21 January 2014, in Catherina Pareto, et al., v. Miami-Dade County Court Clerk Harvey Ruvin, 6 same-gender couples, represented by National Center for Lesbian Rights (NCLR) and Equality Florida Institute, sued FL for marriage rights. • MEUSA Summary • News Source UTAH • On 21 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal challenge to UT’s constitutional amendment banning same-gender civil marriage, the Appeals Court allowed UT 7 extra days to prepare, so the opening brief is due 3 February, the response brief 25 February, and any reply brief 4 March, with oral arguments in March or April. • MEUSA Summary • News Source UTAH • On 21 January 2014, in Jonell Evans, et al. v. State of Utah, ACLU sued UT in state court (a) for ignoring the marriages of 2,600 people who were legally married as same-gender couples in UT, and (b) for harming their childen. • MEUSA Summary • News Source IDAHO • On 22 January 2014, in Sue Latta, et al. v. ID Governor C. L. Butch Otter, a federal lawsuit challenging the 2006 state constitutional amendment, and Idaho laws, banning same-gender civil marriage and civil union, the judge allowed the ID attorney general to intervene. • MEUSA Summary • News Source NEVADA • On 22 January 2014, in Beverly Sevcik, et al., v. Governor Brian Sandoval, et al., a lawsuit seeking full marriage equality, NV’s brief argued that same-gender civil marriage should be banned because mixed-gender marriage should be promoted. • MEUSA Summary • News Source OREGON #2 & #4 • On 23 January 2014, the federal court combined the cases of Deanna Geiger et al. v. OR Governor John Kitzhaber et al., two women challenging OR’s constitutional ban on same-gender civil marriage, and OR’s refusal to recognize legal marriages from other jurisdictions with the case of Paul Rummell, et al. v. OR Governor John Kitzhaber, et al., two Portland couples challenging OR’s ban on same-gender civil marriage. • MEUSA Summary • News Source MICHIGAN • On 3 January 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., a federal case challenging the constitutionality of the MI’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, lawyers from ACLU and G&LA&D joined the plaintiff legal team. • MEUSA Summary • News Source VIRGINIA • On 21 January 2014, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a federal case challenging VA’s 2006 ban on same-gender marriage, the plaintiffs’ attorneys asked the court to follow the 9th Circuit U.S. Court of Appeals recent ruling, and apply heightened scrutiny (the assumption that a law is probably discriminatory) when evaluating VA’s marriage ban. • MEUSA Summary • News Source OKLAHOMA • On 24 January 2014, 2 of the 4 plaintiffs appealed the district court’s ruling that they don’t have standing to challenge: (1) OK’s refusal to recognize their CA marriage, (2) part B of the Oklahoma constitutional amendment, and (3) Defense of Marriage Act, Section 2. • MEUSA Summary • News Source VIRGINIA • On 23 January 2014, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a federal lawsuit challenging VA’s 2006 ban on same-gender marriage in VA or elsewhere, VA’s new attorney general, Mark Herring, said that VA’s ban on same-gender civil marriage violates the U.S. Constitution’s 14th Amendment (equal protection, due process), and that instead of defending the ban, he will join plaintiffs in two lawsuits arguing that it be struck down. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
VIRGINIA • On 20 January 2014, VA lawmakers voted to table Bill 939, which would have repealed the statutory bans -- without legalizing -- same-gender civil marriage, civil union, and domestic partnership. The bills which would have repealed the constitutional ban are not being heard during this legislative session at all. The earliest that voters could vote to repeal the constitutional ban is in 2016, which may be unnecessary if either federal lawsuit prevails before then. • MEUSA Summary • News Source NEW HAMPSHIRE • On 15 January 2014, Public Policy Polling surveyed 1,354 NH voters on same-gender civil marriage, and reported that 60% support it, 29% oppose it, and 11% are unsure. Regarding the impact of equal marriage since 2010, 66% reported no impact, 20% positive impact, and 14% negative impact. • MEUSA Summary • News Source OKLAHOMA • On 20 January 2014, state Representative Mike Turner introduced House Joint Resolution 1076, to put same-gender civil marriage, civil union, and domestic partnerhsip on a statewide ballot so that all three can be re-banned via the state constitution in 2014, just the way they were in 2004. • MEUSA Summary • News Source OKLAHOMA • On 20 January 2014, state Representative Mike Turner introduced the Preservation of Marriage Act (H. 2466) to outlaw same-gender civil marriage. • MEUSA Summary • News Source ILLINOIS • On 21 January 2014, IL state Senator Kyle McCarter (R) proposed SB-2637, a law to repeal the equal marriage law enacted in November 2012. • MEUSA Summary • News Source COLORADO • On 21 January 2014, the CO state Senate preliminarily approved a bill letting same-gender couples married elsewhere file their CO state tax returns jointly. • MEUSA Summary • News Source SOUTH DAKOTA • On 21 January 2014, 28 lawmakers introduced SB-66 (which would exempt clergy, non-clergy, and organizations from performing same-gender civil marriages), and 26 lawmakers introduced SB-67 (which would legalize discrimination against commercial customers on the basis of religious beliefs). • MEUSA Summary • News Source OKLAHOMA • On 25 January 2014, OK state Representative Mike Turner proposed banning all marriage statewide as a way to prevent any same-gender civil marriages being mandated via the courts in the lawsuit over the 2004 voter-approved ban. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 21 January 2014, IN House Speaker Brian Bosma moved the proposed equal marriage ban constitutional amendment bill from the House Judiciary Committee, where 3 members were reluctant to pass it, to the Elections and Apportionment Committee, where it passed, 9-to-3 (two of the bill’s authors are members). A full House vote is next, then a Senate vote. • MEUSA Summary • News Source FLORIDA POLLS • On 22 January 2014, Public Policy Polling surveyed 591 FL voters on same-gender civil marriage, and reported that 47% approve, 44% disapprove, with 9% unsure. • MEUSA Summary • News Source OREGON • On 23 January 2014, Oregon United for Marriage launched a student campaign at 8 schools, targeted toward adults aged 18-29. • MEUSA Summary • News Source OREGON • On 22 January 2014, religious support for same-gender civil marriage reached 57 congregations and faith organizations, with the addition of the Oregon Board of Rabbis, Oregon Area Jewish Committee, and Jewish Federation of Greater Portland. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 16-22, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
December 16 – 22, 2013NATIONAL MAP
• On 19 & 20 December 2013, MEUSA’s National Marriage Map was updated to reflect the results of the rulings from both the NM Supreme Court and the U.S. District Court for UT: (1) Over 39% of Americans live in 19 states that have adopted full, state-level equality: CA, CT, DC, DE, HI, IA, IL, MA, MD, ME, MN, NH, NJ, NM, NY, RI, UT, VT, WA); (2) and more live cities, counties, or states with partial equality (mainly CO, NV, OR, WI), but 50% live in 33 jurisdictions that still ban all types of unions except one-man-one-woman couples. • MapNATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
COLORADO • On 6 December 2013, in Charlie Craig & David Mullins v. Masterpiece Cakeshop et al.,a CO judge ruled that: (1) a baker violated the CO Public Accommodation Law by refusing to sell a cake to a same-gender couple, and (2) having to sell all products to all couples does not violate any baker’s free speech rights, or anyone’s rights to free exercise of religion. Equality opponents cite this famous case frequently when they argue that marriage equality ends religious freedom and free speech. • MEUSA Summary • News Source ILLINOIS • On 16 December 2013, in Darby v. Orr, a federal judge agreed with Lambda Legal attorneys, and ordered that all IL couples in which a partner suffers a life-threatening illness can marry prior to the 1 June 2014 start of same-gender civil marriages. • MEUSA Summary • News Source ILLINOIS • On 6 December 2013, in Brenda Lee, et al. v. Cook County Clerk David Orr, four same-gender couples filed a federal suit seeking to marry immediately instead of waiting for the 1 June start date. • MEUSA Summary • News Source PENNSYLVANIA • On 17 December 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett et al., in which 23 people are challenging the 1996 PA law that bans same-gender marriage for residents, and that ignores out-of-state same-gender marriages, U.S. District Judge John Jones rejected the argument of PA lawyers (whose team charges at least $725 each hour) that this court lacks authority to decide the case, and then he blocked any higher court review at this time. The trial starts on 9 June 2014. • MEUSA Summary • News Source TEXAS • On 17 December 2013, in Jack Pidegon & Larry Hicks vs. Houston Mayor Annise Parker, et al., with plaintiffs represented by Harris County GOP Chairman Jared Woodfill, a TX district judge temporarily prohibited Houston, TX from offering partner benefits to same-gender couples. A hearing is set for 6 January 2014. • MEUSA Summary • News Source ILLINOIS • On 17 December 2013, in Darby v. Orr, the court dismissed the case since the relief that the plaintiffs were seeking occurred when IL enacted a same-gender civil marriage law on 5 November 2013. • MEUSA Summary • News Source NEW MEXICO • On 19 December 2013, in Rose Griego, et al., v. NM Bernalillo County Clerk Maggie Oliver, the NM Supreme Court unanimously ruled that same-gender and mixed-gender couples, and their civil marriages, are guaranteed equal rights, protection, and responsibilities under the law, effective immediately. The court rejected 3 arguments put forth by the opponents of equality: (1) mixed-gender marriages benefit when same-gender marriages are banned and mixed-gender marriages suffer when same-gender marriages are allowed; (2) marriage requires procreation and procreation requires marriage; and (3) same-gender couples don’t raise children from prior marriage, fertilization, surrogacy, foster care, and/or adoption. • MEUSA Summary • News Source WEST VIRGINIA • On 17 December 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., the WV attorney general asked a federal judge to dismiss the suit challenging WV’s law banning same-gender civil marriage, arguing that the plaintiffs, who are not now legally married anywhere, are suffering no harm. • MEUSA Summary • News Source ARKANSAS • On 19 December 2013, in Kendall Wright et al. v. AR Governor Michael Beebe, et al., in which 21 same-gender couples seek to overturn the 2004 AR constitutional ban on same-gender civil marriage, the statutory ban, and the federal law allowing states to ignore same-gender marriages from other states, the judge decided not to dismiss the suit, and also decided that couples may not marry while the case is pending. • MEUSA Summary • News Source UTAH • On 20 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., the court rejected UT’s arguments that: (1) marriage is not a right; (2) states can deny marriage to certain citizens; (3) “responsible procreation” is a reason to exclude same-gender couples, and (4) same-gender parents raising children is harmful, and then declared the UT same-gender civil marriage ban an irrational, unconstitutional denial of a fundamental right under the U.S. Constitution, and allowed marriages to begin the same day. Hours later, UT appealed the decision, and filed a motion seeking to halt marriages during the appeal case. • MEUSA Summary • News Source TEXAS • On 20 December 2013, in Jack Pidegon & Larry Hicks vs. Houston Mayor Annise Parker, et al., the city of Houston said it will appeal the 17 December court order barring domestic partner benefits for same-gender spouses of city employees. • MEUSA Summary • News Source UTAH • On 22 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples challenged UT’s 2004 constitutional amendment banning same-gender marriage, the 10th Circuit U.S. Court of Appeals denied UT’s request to suspend the district court ruling while the district court decides whether to suspend its own ruling during the time that the case is on appeal; consequently, marriages legalized by the 20 December ruling may continue throughout the appeal process, unless the district court reverses its earlier decision. On 23 December or later, Federal District Judge Robert Shelby will decide whether to halt marriages while UT appeals the case. His decision about halting marriages during the appeal could also be appealed to the Tenth Circuit Court, as well as to the U.S. Supreme Court, where Justice Sotomayor would grant the halt, deny the halt, or ask the full Court to decide. • MEUSA Summary • News Source NORTH CAROLINA • On 20 December 2012, in Marcie Fisher-Borne, et al. v. John Smith, et al., in which the American Civil Liberties Union (ACLU) sued several state judges in federal court on behalf of 6 same-gender couples and their children seeking adoption and marriage rights, Republican lawmakers engaged free legal help from Alliance Defending Freedom, an anti-LGBT law firm, to defend the state’s constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source OREGON • On 19 December 2013, in Paul Rummell, et al. v. OR Governor John Kitzhaber, et al.,two Portland couples filed a federal lawsuit challenging OR’s ban on same-gender civil marriage. They hope to combine their suit into Deanna Geiger, et al. v. OR Governor John Kitzhaber, et al., which was filed on 15 October. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
NEW JERSEY • On 9 December 2013, the NJ Senate Judiciary Committee began considering S-3109, Marriage Equality Act, a new version which reduces some of the freedom of the current law, which was imposed after a NJ Supreme Court ruling on 21 October 2013, and which is the strongest in the nation. On 16 December 2013, state Senator Loretta Weinberg withdrew S-3109 from discussion. • MEUSA Summary • News Source FLORIDA • On 16 December, FL state Representative Linda Stewart re-submitted a domestic partner bill. • MEUSA Summary • News Source ARIZONA • On 17 December 2013, Cottonwood, AZ legalized same-gender unions, joining Bisbee, Jerome, Sedona, and Tucson, AZ. • MEUSA Summary • News Source NEW MEXICO • On 19 December 2013, NM state Senator Bill Sharer (R) proposed to amend the NM constitution to ban same-gender civil marriage based on his assumption that same-gender couples have no children. The change would have to pass both chambers of the NM legislature, before appearing on a statewide voter ballot. Similar proposals in 2005, 2009, 2010, 2011, and 2013 all failed in the legislature. • MEUSA Summary • News Source FLORIDA • On 18 December 2013, FL state Representative Linda Stewart (D) filed HB-439, which would legalize domestic partners, but give them only a few of the rights and protections available to married people. A similar bill, SB-196, filed in the Senate on 9 January 2013, died in the Judiciary Committee in May 2013. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
OHIO • On 8 December 2013, FreedomOhio surveyed 1,011 reigstered voters on same-gender civil marriage with protection for religions, and reported that 56% support it, 34% oppose it, and 10% are unsure. Separately, 44% believe it is inevitable, 37% do not, and 19% are unsure. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 9-15, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
December 9 – 15, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
- On 12 December 2013, U.S. Senator Mike Lee introduced the Marriage and Religious Freedom Act(House #3133, Senate #1808), which would legalize discrimination against LGBT individuals, couples, and their children by governments, businesses, hospitals, and individuals. Lawmakers favoring it include 12 Senators (11 Republicans, 1 Democrat). Based on history, the chance of enactment is 1%. • MEUSA Summary • News Source
LAWSUITS
GEORGIA & TEXAS • On 9 December 2013, GA Army National Guard began to process spouse benefit applications for military personnel with same-gender spouses, leaving MS as the only state still unlawfully denying benefits. • MEUSA Summary • News Source PENNSYLVANIA • On 9 December 2013, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., a couple suing to get PA to recognize their 2005 MA marriage, PA Attorney General Kathleen Kane sought to be dismissed as a defendant because her office was not involved in violating the plaintiffs’ rights. • MEUSA Summary • News Source TEXAS • On 11 December 2013, in Cleopatra De Leon, et al., v. TX Governor Rick Perry et al.,a federal class action lawsuit for all TX couples challenging the 2005 TX constitutional ban on marriage inside and outside TX, the judge agreed to hear the case starting 12 February 2014. • MEUSA Summary • News Source ARKANSAS • On 12 December 2013, in Kendall Wright et al. v. AR Governor Michael Beebe, et al.,11 same-gender couples challenging the 2004 AR constitutional ban on same-gender civil marriage, the state law banning same-gender civil marriage, and the federal law allowing states to ignore same-gender marriages from other states, and also seeking parental rights, birth certificate names, insurance, and other benefits, asked that oher couples be allowed to marry during the suit, and defendants for Faulkner County and AR asked that the suit be dismissed, after which the judge gave no indication of when or how he might rule. • MEUSA Summary • News Source TEXAS & MISSISSIPPI • On 13 December 2013, Defense Secretary Chuck Hagel confirmed that MS had stopped discriminating, and that all 50 states deliver all benefits to same-gender spouses of Army National Guard personnel (active duty, dependents, retired). IN and WV accept applications from and issue cards to everyone, but GA, LA, MS, and TX use only federal workers to enroll applicants and issue ID cards, and FL, OK, and SC moved the equipment to federal property, forcing all couples to travel longer distances. • MEUSA Summary • News Source NEW MEXICO • By 13 December 2013, 60% of NM residents were living in 8 of the 33 counties (Bernalillo, Doña Ana, Grant, Los Alamos, Santa Fe, San Miguel, Taos, Valencia) that were issuing marriage licenses, and over 1,700 same-gender couples had married. Out of 7 NM lawsuits in 2013, 0 were defeats for marriage equality, 3 were victories for equality, and 4 remain pending, 1 of which is about to be decided by the NM Supreme Court. • MEUSA Summary • News Source MICHIGAN • On 13 December 2013, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., in a challenge to the constitutionality of the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the defendants asked that the trial not be split into 2 parts: (1) constitutionality of marriage/adoption laws; and (2) deciding what scrutiny level is required when judging laws that discriminate based on sexual orientation, and asked the court to ignore which level of judicial scrutiny applies to laws that discriminate against same-gender couples. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
NEW JERSEY • On 9 December 2013, the NJ Senate Judiciary Committee began considering S-3109, Marriage Equality Act, a new version which reduces some of the freedom of the current law, which was imposed after a NJ Supreme Court ruling on 21 October 2013, and which is the strongest in the nation. • MEUSA Summary • News Source FLORIDA • On 12 December 2013, the Pensacola City Council approved several important domestic partner rights, joining at least 14 FL cities and counties representing 50% of FL residents. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 9 December 2013, Evansville City Council voted to oppose the proposed state constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source PENNSYLVANIA • On 11 December 2013, the Why Marriage Matters Pennsylvania campaign was launched by Freedom to Marry and ACLU of Pennsylvania. • MEUSA Summary • News Source COLORADO • On 9 December 2013, Public Policy Polling surveyed 928 CO voters (including 355 usual Republican primary voters) about same-gender civil marriage, and reported that 53% favor it, 39% oppose it, with 8% unaccounted for. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - November 18-24, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
November 18 – 24, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
NEBRASKA • On 22 April 2013, in Harold Wilson & Gracy Sedlak v. State of Nebraska Correctional Services Department, et al., prison inmate Harold Wilson and his transgender partner and ex-prisoner Gracy Sedlak sued for visitation and marriage rights despite the 2000 NE constitutional ban on same-gender marriage. On 7 November, a federal district court dismissed the suit. • MEUSA Summary • News Source TENNESSEE • On 19 November 2013, in Valeria Tanco, et al. v. TN Governor William Haslam et al.,National Center for Lesbian Rights attorneys representing 4 legally married, same-gender couples asked a federal court for immediate protection of their families while their lawsuit challenging the TN marriage ban proceeds. • MEUSA Summary • News Source HAWAII • On 15 November 2013, in McDermott v. Abercrombie, a state judge denied Republican state Representative Bob McDermott's request for a Temporary Restraining Order, allowed same-gender civil marriages to start on 2 December 2013, and did not rule on the underlying case about the meaning of a 15-year old, marriage-related constitutional amendment, which is proceeding. • MEUSA Summary • News Source ARKANSAS • On 7 November 2013, in John Moix v. Libby Moix, the AR Supreme Court considered reversing a county judge’s restriction barring John Moix, represented by ACLU Arkansas, from letting his gay partner stay overnight when John’s son is visiting. On 21 November 2013, the AR Supreme Court ruled in favor of John Moix, and halted the statewide policy of always banning child visitation with any parent who lives with an unmarried partner, regardless of individual circumstances. • MEUSA Summary • News Source TEXAS • On 22 November 2013, Army National Guard Bureau General Frank Grass, under orders from Secretary of Defene Chuck Hagel, met with state generals and notified them that all service members and spouses must receive 100% of the federally funded ID cards and federally funded benefits that they have earned, regardless of any state-level bans on same-gender civil marriage. • MEUSA Summary • News Source PENNSYLVANIA • On 22 November 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett et al., a federal lawsuit by 23 people challenging the 1996 PA law that bans same-gender marriage for residents, and that ignores out-of-state same-gender marriages, the judge rejected a request to delay the case, and set a trial date of 9 June 2014, but the former state Supreme Court justice defending the state said he is appealing the district court’s refusal to dismiss the case to the 3rd U.S. Circuit Court of Appeals. • MEUSA Summary • News Source WEST VIRGINIA • On 22 November 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., a federal lawsuit for three couples challenging the state law that bans marriage equality, the WV Attorney General announced that he will defend the WV ban on same-gender civil marriage. • MEUSA Summary • News Source FLORIDA • On 22 November 2013, in John Becker v. University of Central Florida, FL hired former state Supreme Court Chief Justice Charles Wells to fight the release of over 50,000 public records related to the publication of a widely discredited, anti-LGBT parenting study. Also, Judge Donald Grincewicz who had handled the case since its start in spring 2013, inexplicably recused himself from further involvement, and an appellate court granted a stay in the case until a replacement judge is appointed. The study is cited more often than any other by anti-LGBT groups worldwide, and the author is scheduled to testify in February that children of same-gender parents are less successful than children of mixed-gender parents inApril DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
MINNESOTA • On 15 November 2013, the eighth federally recognized Native American tribe began marrying same-gender couples, as the Leech Lake Band of Ojibwe, of the Minnesota Chippewa Tribe, witnessed its first such marriage, between native American Arnold Dahl and his new husband Matthew Wooley. • MEUSA Summary • News Source ILLINOIS • On 20 November 2013, in Chicago, IL, at a desk once used by President Abraham Lincoln, Governor Quinn signed a bill that upgrades the civil union law to a full marriage equality law, while at a cathedral in Springfield, IL, Bishop Thomas Paprocki condemned equality, called same-gender marriage a grave, demonic, evil sin, and publicly performed an official Roman Catholic Exorcism (2004 Latin Edition) to cast Satan out of Illinois. • MEUSA Summary • News Source TEXAS • On 20 November 2013, Houston, TX began issuing life/health insurance to legally married same-gender spouses of municipal employees, per the city attorney’s legal opinion that it is unconstitutional to deny equal protection under the law. • MEUSA Summary • News Source GEORGIA • On 4 August 2013, Public Policy Polling surveyed 520 Georgia voters on same-gender civil marriage, and reported that 32% support it, 60% oppose it, and 9% are unsure. Separately, 28% of voters support full marriage, 29% support civil unions only, 39% oppose all legal recognition, and 3% are unsure. • MEUSA Summary • News Source GEORGIA • On 23 September 2013, Atlanta Journal-Constitution newspaper surveyed 801 Georgia adults about same-gender civil marriage, and reported that 48% favor it, 43% oppose it, and 9% don’t know or do not answer. • MEUSA Summary • News Source KENTUCKY • On 21 November 2013, Lexington, KY joined Berea, Louisville, and Covington when the Urban County Council voted unanimously to offer domestic partner benefits to city employees. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
VIRGINIA • On 18 November 2013, VA state Senator Adam Ebbin and VA state Delegate Joseph Morrissey introduced bills to repeal the 2006 constitutional ban on same-gender civil marriage. If lawmakers approve both bills during the 2014 and the 2016 sessions, a voter referendum would occur in November 2016. • MEUSA Summary • News Source OREGON • On 19 November 2013, Nike created the Nike Equality Political Action Committee, a foundation that raises funds to help Oregon United For Marriage upgrade civil unions to full equality at the ballot box in November 2014. The company and its executives already donated $280,000. • MEUSA Summary • News Source OREGON • On 21 November 2013, two anti-LGBT organizations (Friends of Religious Freedom, Oregon Family Council) filed a ballot measure to legalize discrimination against same-gender couples seeking commercial wedding services whenever the discriminators use religion as their excuse. If the wording is approved by state officials, the sponsors would have to gather 87,213 valid signatures to get the measure on the November 2014 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - November 11-17, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
November 11 – 17, 2013NATIONAL MAP
- On 12 November 2013, MEUSA’s National Marriage Map was updated to show: (1) Over 37% of Americans live in 17 states that have adopted full, state-level equality (CA, CT, DC, DE, HI, IA, IL, MA, MD, ME, MN, NH, NJ, NY, RI, VT, WA); (2) another 12% live in cities, counties, or states with partial equality (mainly CO, NM, NV, OR, WI), but 51% live in 39 jurisdictions that still ban all types of unions except one-man-one-woman couples. • Map
NATIONAL POLLS
-
On 13 November 2013, Public Policy Polling reported that in most states which adopt same-gender civil marriage, most voters later report that it has little or no effect on their lives, and also reported that after legalization, opposition declines. • Survey Details
NATIONAL LEGISLATION
LAWSUITS
HAWAII • On 14 November 2013, in McDermott v. Abercrombie, the court: (1) ruled that the HI same-gender civil marriage law is legal (thereby rejecting the new claim of some voters who now say that they misunderstood the constitutional amendment passed by voters 15 years ago), and (2) dismissed the complaint. • MEUSA Summary • News Source ILLINOIS • On 14 November 2013, in Darby v. Orr, a county judge postponed action in the case of 25 same-gender couples seeking marriage until 2 June 2014 (one day after same-gender civil marriages are slated to begin), at which point the case is expected to be dismissed. • MEUSA Summary • News Source SOUTH CAROLINA • On 14 November 2013, in Katherine Bradacs & Tracie Goodwin v. SC Governor Nimrata Haley, et al., Judge Joe Anderson of Columbia, SC recused himself from this same-gender civil marriage case because as an executive board member of a Boy Scouts of America council, he (1) voted to ban LGBT Scout leaders, and (2) voted to fire a Scoutmaster who (a) brought her partner to a BSA event, and (b) is one of the plaintiffs in the case. • MEUSA Summary • News Source PENNSYLVANIA • On 15 November 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett et al., a lawsuit in which 23 people challenged the 1996 PA law that bans same-gender marriage for residents and that ignores out-of-state same-gender marriages, a federal judge rejected two separate efforts to dismiss the suit, and scheduled a conference for 22 November to discuss starting the trial. • MEUSA Summary • News Source MICHIGAN • On 15 November 2013, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., (a same-gender civil marriage case), the state identified sociology Associate Professor Mark Regnerus and three other “expert” witnesses, whose testimony has been: (1) that children of same-gender parents are less successful than children of mixed-gender parents, (2) that lesbian parents produce violent boys, (3) that children raised by same-gender couples are 35% less likely to progress normally in school, and that (4) there is no scientific evidence showing that children of same-gender parents do as well as children of mixed-gender parents. • MEUSA Summary • News Source FLORIDA • On 7 November 2013, in John Becker v. University of Central Florida, a state judge ruled that FL must disclose records showing who approved Associate Professor Mark Regnerus’ anti-LGBT parenting study, how it got published immediately, and why no qualified peers reviewed it. The Regnerus study is cited more often than any other by anti-LGBT groups worldwide, and Regnerus is scheduled to testify in February that children of same-gender parents are less successful than children of mixed-gender parents in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
HAWAII • On 12 November, the Senate gave final approval to the same-gender civil marriage bill. On 13 November, the governor enacted it, ensuring the start of same-gender civil marriages on 2 December 2013. • MEUSA Summary • News Source MAINE • On 13 November 2013, Public Policy Polling surveyed 964 ME voters on the same-gender civil marriage law passed in 2012, and reported that 72% felt no impact, 15% felt positive impact, and 13% felt negative impact. Separately, same-gender civil marriage is now supported by 54%, and opposed by 37%, with 9% unaccounted for. Even among the 37% who oppose it, 70% of those admit that it has had no negative impact. • MEUSA Summary • News Source MISSOURI • On 14 November 2013, Governor Jay Nixon announced that he supports same-gender civil marriage for MO, and that same-gender couples who pay MO income taxes may file combined returns if they wish. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
OHIO • On 12 November 2013, Freedom to Marry Ohio said it had gathered the minimum 385,245 signatures needed to put equal marriage on the November 2014 ballot, but would continue trying to collect a total of 1 million signatures from OH’s 12 million residents. • MEUSA Summary • News Source INDIANA • On 14 November 2013, WISH-TV surveyed IN residents regarding a constitutional ban on same-gender civil marriage, and reported that 58% oppose it, and 38% support it. Separately, regarding marriage equality itself, 48% support it, 46% oppose it, and 6% have no opinion. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - November 4-10, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
November 4 – 10, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
WEST VIRGINIA & TEXAS • On 1 November 2013, the WV Army National Guard confirmed that it is now processing ID cards at state facilities for same-gender couples. • MEUSA Summary • News Source FLORIDA & TEXAS • On 5 November 2013, the FL Army National Guard began issuing full benefits to same-gender couples by using only federal facilities to process benefit applications. • MEUSA Summary • News Source CALIFORNIA • On 4 November 2013, in Michael Dragovich v. U.S. Treasury, U.S. IRS and CalPERS,the Ninth U.S. Circuit Court of Appeals vacated part of an earlier decision, and sent the case back to U.S. district court to reconsider recent legal changes affecting same-gender domestic couples who: live out of CA, can’t marry because of impairment, can’t marry because one partner died, delay marriage, don’t marry, or who want remedies because they were denied marriage in the past. • MEUSA Summary • News Source HAWAII • On 7 November 2013, in McDermott v. Abercrombie, an Oahu, HI circuit judge refused to stop the HI legislature from passing a same-gender civil marriage bill, and told Republican state Representative Bob McDermott that he could return to court once the legislation is passed to pursue his case. • MEUSA Summary • News Source ARKANSAS • On 7 November 2013, in John Moix v. Libby Moix, the AR Supreme Court considered reversing a county judge’s restriction barring John Moix from letting his gay partner stay overnight when John’s son is visiting. • MEUSA Summary • News Source FLORIDA • On 7 November 2013, in D.M.T. v. T.M.H., the FL Supreme Court ruled that a woman who donated an egg to her lesbian partner now has parental rights regarding the 8-year old child, including custody and visitation. • MEUSA Summary • News Source IDAHO • On 7 November 2013, in Sue Latta, et al. v. ID Governor Butch Otter, four lesbian couples, represented by National Center for Lesbian Rights and Boise, ID attorneys Deborah Ferguson and Craig Durham, filed a federal lawsuit challenging the 2006 state constitutional amendment and multiple Idaho laws which ban same-gender civil marriage and civil union. • MEUSA Summary • News Source NEW MEXICO • On 8 November 2013, in Elane Photography v. Vanessa Willock, a photographer asked the U.S. Supreme Court: (1) to reverse prior decisions (NM Civil Rights Commission, NM district court, NM appeals court, NM Supreme Court) that fined her for violating the NM Human Rights Act and refusing to photograph a lesbian wedding, and (2) to approve commercial discrimination against same-gender couples as a religious practice. Equality opponents cite this case more than any other case when arguing that marriage equality reduces religious freedom. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
MONTANA • On 24 October 2013, Montana State University surveyed 410 adult residents regarding same-gender civil marriage, and reported that 46% support, 42% oppose, and 11% are undecided. • MEUSA Summary • News Source ILLINOIS • On 4 November 2013, 300 clergy members and faith leaders wrote to IL House members and urged passage of the same-gender civil marriage bill. • MEUSA Summary • News Source SOUTH CAROLINA • On 3 November 2013, Winthrop University surveyed 887 SC adults on same-gender civil marriage, and reported that 52% oppose it, 39% support it, 6% are unsure, and 3 refuse to answer. • MEUSA Summary • News Source ILLINOIS • On 5 November 2013, the IL House approved the equal marriage bill, the Senate concurred, the Governor said he will sign it on 20 November 2013, which would allow marriages to start on 1 June 2014. • MEUSA Summary • News Source HAWAII • On 5 November 2013, a HI state House committee finished hearing testimonty from over 5,184 citizens, and voted to advance the equal marriage bill for a full House vote. On 8 November 2013, the HI House of Representatives passed the equal marriage bill, 30-to-19. The Senate’s approval of changes made in the House is expected in a 21-to-4 vote on 12 November, followed by the governor’s promised signature, and the start of same-gender civil marriages on 2 December 2013. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
WISCONSIN • On 30 October 2013, Marquette Law School surveyed 400 WI voters, and reported that53% support same-gender civil marriage, 24% favor civil union, 19% oppose any legal recognition at all, and 4% are unaccounted for. • MEUSA Summary • News Source ARKANSAS • On 7 November 2013, the AR attorney general approved the Arkansas Initiative for Marriage Equaliy ballot measure to repeal the existing 2004 ban on same-gender civil marriage, and also to legalize such unions, via the 2016 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].