Heading Toward the Supremes
All eyes will be on Washington later this month, as the United States Supreme Court has announced that on September 29, they will consider whether to hear one or more of the federal marriage equality cases in their current term. If they take one of the cases, we could have a nationwide marriage ruling as soon as June 2015.
We reflected on the road that has led us to this point as we sat in the courtroom here at the 9th Circuit in San Francisco, where we recently attended oral arguments in the federal marriage equality cases for Nevada, Idaho, and Hawaii. Inside the courtroom, the lack of credible anti-equality arguments was evident, as demonstrated by the dubious analogies to sticks and balls repeatedly used by Monte Stewart, the lawyer arguing in favor of anti-marriage equality laws in both the Idaho and Nevada cases. If you weren’t there, you might have been confused by news items such as this one from Boise State Public Radio: “Stewart mentioned crystal balls several times during the hour long hearing”—a surreal turn that felt to those in the courtroom like the other side had clearly run out of ideas.
Outside the courtroom, we were reminded of the true meaning of love and marriage when we learned there are newlyweds in our family. The announcement came, not from one of our younger siblings or cousins, but from my 93-year-old uncle who married the wonderful woman who has spent the last four decades by his side. At the same time as the anti-equality lawyers before the 9th Circuit were arguing that straight couples will no longer wed or stay married once same-sex couples are able to marry, my uncle and aunt proved the opposite to be true. They married for the exact same reasons that all couples marry: to love, comfort, honor, and keep each other in good times and in bad, in sickness and in health.
Upon hearing their wedding news, one of our cousins remarked on the common themes that unite us in matrimony, whether gay or straight, young or old: “So sweet that they have decided to get married at this late date! Also wise, since it will give them the rights they deserve…just the same rights that same-sex marriage advocates are rightly fighting for.”
As a family, we see many parallels to the current marriage equality debates taking place today in courtrooms and dining rooms all across America. As a child of interracial parents who grew up in the 1960s, I know exactly what Judge Posner meant when he wrote earlier this month in the 7th Circuit marriage cases that asking interracial couples in the 1960s to accept “same-race unions” instead of marriage would have been “considered deeply offensive, and, having no justification other than bigotry…”
We are very thankful that the United States Supreme Court ruled in 1967 that interracial couples have the freedom to marry all across our country. Today, as a gay American married in California, I know the time has come for the Supreme Court to rule that LGBTQ Americans in all 50 states have the basic human right to marry the person they love. We hope that as soon as next summer the justices do exactly that.
John Lewis and Stuart Gaffney, together for nearly three decades, were plaintiffs in the California case for equal marriage rights decided by the California Supreme Court in 2008.
Policy and Legal Update - March 17-24, 2014
Policy & Legal Updates
March 17 – 23, 2014NATIONAL MAP
NATIONAL POLLS
STATE POLLS
- PENNSYLVANIA • On 3 March 2014, Quinnipiac University surveyed 1,405 registered PA voters regarding same-gender civil marriage, and reported that 57% support it, 37% oppose it, and 6% don’t know or don’t answer. • MEUSA Summary • News Source
NATIONAL LEGISLATION PENDING
- On 26 April 2013, U.S. Representative Aaron Schock (R-IL) introduced the Equitable Access to Care and Health Act (HR-1814), which would excuse a citizen from the federal law requiring the purchase of health insurance whenever that citizen claims a religious belief, and on 6 May 2013, U.S. Senator Kelly Ayotte (R-NH) introduced the Senate version (S. 862). On 11 March 2014, the U.S. House of Representatives skipped Committee review, and passed HR-1814 on a voice-only vote. Lawmakers favoring it include 226 Representatives (145 Republican, 81 Democrat), and 32 Senators (16 Republican, 15 Democrat, 1 Independent). Based on history, the chance of enactment is 24%. • MEUSA Summary • News Source
NATIONAL LEGISLATION ENACTED
LAWSUITS PENDING
PENNSYLVANIA • 18 March 2014, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al.,a federal suit about marriage recognition, the court scheduled oral arguments for 28 May 2014. • MEUSA Summary • News Source TEXAS • On 7 March 2014, in Cleopatra De Leon, et al., v. TX Governor Rick Perry et al.,a federal class action lawsuit for all TX couples challenging the 2003 law and the 2005 TX constitutional ban on marriage inside and outside TX, the preliminary injunction against the TX same-gender civil marriage bans while the district court case is proceeding was appealed by TX to the 5th Circuit U.S. Court of Appeals, and the district court case proceedings were stayed pending the appeal ruling. • MEUSA Summary • News Source TEXAS • On 12 March 2014, in Shannon Zahrn, et al. v. TX Governor Rick Perry, et al., a federal class action suit seeking equal marriage rights for all TX couples, and challenging the TX statutory and constitutional bans on same-gender civil marriage, TX asked the court to stay proceedings in this case pending the outcome at the 5th Circuit of Cleopatra De Leon, et al., v. TX Governor Rick Perry et al. • MEUSA Summary • News Source TEXAS • On 12 March 2014, in Christopher McNosky, et al. v. TX Governor Rick Perry, et al., a federal class action suit seeking equal marriage rights for all TX couples, and challenging the TX statutory and constitutional bans on same-gender civil marriage, TX asked the court to stay proceedings in this case pending the outcome at the 5th Circuit of Cleopatra De Leon, et al., v. TX Governor Rick Perry et al. • MEUSA Summary • News Source TEXAS • On 18 February 2014, In the Matter of the Marriage of A.L.F.L. and K.L.L., Allison Leona Flood Lesh and Kristi Lyn Lesh filed for divorce and child custody. A hearing is scheduled for 20 March 2014. • MEUSA Summary • News Source TENNESSEE • On 18 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 marriages, the TN attorney general: (1) asked for a stay of the injunction requiring TN to recognize the civil marriages of 3 same-gender couples, and (2) notified the 6th Circuit U.S. Court of Appeals that TN is appealing the order requiring recognition of marriages made elsewhere. On 20 March 2014, the court denied the state’s request. • MEUSA Summary • News Source KENTUCKY • On 20 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, the court stayed enforcement of its final order (requiring KY to recognize marriages performed elsewhere) pending the outcome from the 6th Circuit U.S. Court of Appeals. Briefing on the intervening couples’ claims is slated to finish by 28 May 2014. • MEUSA Summary • News Source WISCONSIN • On 20 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 DoJ claimed that existing mixed-gender marriage rights don’t include same-gender marriage rights, and asked that the case be dismissed. • MEUSA Summary • News Source ARKANSAS • The case of Kendall Wright, et al. v. AR Governor Michael Beebe, et al., in which 21 same-gender couples challenge the 2004 AR constitutional ban on same-gender civil marriage, the state law banning same-gender civil marriage, the federal law allowing states to ignore same-gender marriages from other states, and recognition of parental rights, birth certificate names, insurance, and other benefits, is scheduled for oral argument on 17 April 2014. • MEUSA Summary • News Source VIRGINIA • On 20 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, and out-of-state marriage recognition, the 4th Circuit U.S. Court of Appeals confirmed the hearing of oral arguments on 13 May 2014 from attorneys for the original plaintiffs, assisted by attorneys from Lambda Legal and ACLU (in Joanne Harris, et al. vs. VA State Registrar Janet Rainey, et al., a certified class action case). • MEUSA Summary • News Source MICHIGAN • On 21 March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al.,a challenge to the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the court: (1) overturned the law and constitutional amendment that banned same-gender civil marriage in MI, (2) said that MI testimony calling same-gender parents inferior was "entirely unbelievable and not worthy of serious consideration," and (3) said that no available science contradicts the consensus that same-gender and mixed-gender couples are equally good at parenting. • MEUSA Summary • News Source MICHIGAN • On 22 March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al.,a challenge to the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, officials in at least 5 counties married over 300 county-resident, same-gender couples until 5:00 p.m., when the 6th Circuit U.S. Court of Appeals issued a temporary stay, effective through Tuesday, 26 March 2014. • MEUSA Summary • News Source HAWAI'I • On 19 March 2014, in Natasha Jackson, et al., v. Governor Neil Abercrombie, et al., a marriage rights case, the 9th Circuit U.S. Court of Appeals requested an opening brief by 25 April 2014, an answering brief by 27 May 2014, and an optional reply brief 14 days after delivery of the answering brief. Lawamkers legalized same-gender civil marriage in 2013, but the court still wants to ensure an orderly disposition of the appeal for future reference. • MEUSA Summary • News SourceLAWSUITS RESOLVED
STATE LEGISLATION PENDING
GEORGIA • On 3 March 2014, SB-377, which would allow religious belief to excuse violating federal health care laws, died in the GA legislature for 2014. • MEUSA Summary • News Source SOUTH DAKOTA • By 14 March 2014, SB-128 (which would legalize religion-based discrimination against LGBT people in 4 settings: (1) employment; (2) public accommodation; (3) commercial services; and (4) state courts) died in the 2014 SD legislature, after a 5-to-2 vote by the SD Senate Judiciary Committee defeated it. • MEUSA Summary • News Source CALIFORNIA • On 14 March 2014, CA initiative #13-0014 (which would exempt a citizen from any law that conflicts with that citizen’s religious bible-based beliefs, and would modify the CA constitution to protect religious expression even when it violates peace and safety) failed to collect 807,615 valid signatures for the November 2014 ballot. • MEUSA Summary • News SourceSTATE LEGISLATION ENACTED
STATE BALLOT MEASURES
Send questions and comments to: [email protected].
Policy and Legal Update - January 27-February 2, 2014
Policy & Legal Updates
27 January – 2 February, 2014NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
VIRGINIA • On 31 January 2014, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al., a lawsuit for two couples seeking full marriage equality for all VA residents, including couples married elsewhere, the court granted class-action status, so the case now affects all same-gender couples. • MEUSA Summary • News Source NEVADA • On 27 January 2014, in Beverly Sevcik, et al., v. Governor Brian Sandoval, et al., a lawsuit seeking full marriage equality for 8 couples, the Carson City, NV Clerk-Record Alan Glover withdrew his Answering Brief in the appeal case, and no longer opposes the Plaintiffs. • MEUSA Summary • News Source VIRGINIA • On 27 Januar y2014, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al., a federal class action lawsuit for two couples seeking full marriage equality for all VA residents, including couples married elsewhere, VA Attorney General Mark Herring notified the court that VA’s state laws banning same-gender civil marriage are unconstitutional, that VA is reversing its position in the case, that he will not defend them, and that he will argue that they are unconstitutional. • MEUSA Summary • News Source OKLAHOMA • On 28 January 2014, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., a case challenging the state constitution for denying the right to marry the person of one’s own choice, and for refusing to recognize same-gender marriages performed in other states, the Tenth Cicuit U.S. Court of Appeals decided to review the OK and UT appeals (a) on a fast-track schedule, and (b) by the same panel of judges. The appeals will be briefed separately and argued separately. The OK appeal schedule is: cross-appeal 1st brief by 24 February, 2nd/supplemental briefs by 17 March, 3rd brief by 1 April, optional reply brief by 7 April, and oral arguments after 7 April. • MEUSA Summary • News Source UTAH • On 28 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, the Tenth Cicuit U.S. Court of Appeals decided to review both the UT and OK cases (a) on a fast-track schedule, and (b) by the same panel of judges. The UT and OK appeals will be briefed separately and argued separately. The UT appeal schedule is: last filings 4 March; oral arguments 10 April. • MEUSA Summary • News Source UTAH • On 28 January 2014, in Jonell Evans, et al. v. Utah, an ACLU suit to force UT to recognize about 1360 marriages performed from 20 December 2013 through 2 January 2014, the case was moved from state court to a federal court. • MEUSA Summary • News Source VIRGINIA • On 28 January 2014, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a federal lawsuit challenging VA’s 2006 ban on in-stateand out-of-state same-gender marriage, VA Governor Terry McAuliffe (D) told dozens of Republican lawmakers he would not appoint any special prosecutor to defend the VA same-gender civil marriage ban. • MEUSA Summary • News Source VIRGINIA • On 28 January 2014, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al.,a federal class action lawsuit for two couples seeking full marriage equality for all VA residents, including couples married elsewhere, VA Governor Terry McAuliffe (D) told dozens of Republican lawmakers he would not appoint any special prosecutor to defend the VA same-gender civil marriage ban. • MEUSA Summary • News Source HAWAII • On 29 January 2014, in McDermott v. Abercrombie, a state judge ruled that the HI Marriage Equality Act of 2013 violates neither the state nor the federal constitutions. • MEUSA Summary • News Source WEST VIRGINIA • On 28 January 2014, 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 judge denied WV’s motion to dismiss the suit, but dismissed the complaint about recognizing out-of-state marriage licenses, unless additional plaintiffs are added. • MEUSA Summary • News Source UTAH • On 30 January 2014, in Kate Doe & Beth Roe v. Utah, a lesbian couple sued UT for refusing to recognize their 2010 marriage in another state. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
KANSAS • On 24 January 2014, KS state Representative Charles Macheers introduced a bill to legalize discrimination against same-gender couples whenever a person, group, or business claims that their discrimination is religiously based. The KS House Federal and State Affairs Committee scheduled a hearing for 28 January 2014. • MEUSA Summary • News Source SOUTH DAKOTA • On 21 January 2014, SD state Senator Ernie Otten proposed SB-67, which would legalize discrimination against same-gender couples whenever the perpetrator claims religions as the excuse. • MEUSA Summary • News Source SOUTH DAKOTA • On 21 January 2014, SD state Senator Ernie Otten proposed SB-66, which would prevent clergy and religions from being sued for not performing a same-gender civil weddings. • MEUSA Summary • News Source SOUTH DAKOTA • On 30 January 2014, SD SB-67 was withdrawn, and replaced by SB-128, which would legalize religion-based discrimination against LGBT people in 4 settings: (1) employment; (2) public accommodation; (3) commercial services; and (4) state courts. • MEUSA Summary • News Source IDAHO • On 28 January 2014, ID state Representative Lynn Luker proposed a bill to legalize discrimination by people in 28 licensed professions who use religion as their excuse for the discrimination. • MEUSA Summary • News Source NEBRASKA • On 28 January 2014, Sarpy County, NE commissioners extended health insurance benefits to spouses of county employees with same-gender spouses who got legally married in another state. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 27 January 2014, by 57 to 40, the IN House approved HJR-3, a proposal to revise the IN constitution to ban same-gender civil marriage, after revising it to delete a ban on civil union, domestic partnership, and worker spouse benefits, but whether same-gender civil marriage goes before voters, and in what year, remains undecided. • MEUSA Summary • News Source PENNSYLVANIA • On 29 January 2014, Franklin & Marshall College surveyed 580 PA voters about same-gener civil marriage, and reported 56% in favor, 39% opposed, and 6% don't know. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 23-29, 2013
Policy & Legal Updates
December 23 – 29, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
OHIO • On 23 December 2013, in Jim Obergefell & John Arthur v. OH Public Health Director Theodore Wymyslo, a judge ruled that OH’s ban on same-gender civil marriages (made in OH or anywhere else) is unconstitutional, and ordered OH to recognize such unions on all Death Certificates. • MEUSA Summary • News Source OKLAHOMA • On 22 December 2013, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., challenges the state constitution for denying the right to marry the person of one’s own choice, for refusing to recognize same-gender marriages performed in other states, and for other aspects of the federal Defense-of-Marriage Act, lawyers filed a brief pointing to the federal ruling two days earlier in which UT’s marriage ban was declared unconstitutional. • MEUSA Summary • News Source VIRGINIA • On 23 December 2013, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al.,a federal class action lawsuit for couples seeking full marriage equality for all VA residents, the court refused to dismiss the case, but removed the governor as a defendant. • MEUSA Summary • News Source INDIANA • On 20 December 2013, in re the marriage of Melanie Davis & Angela Summers, the IN Court of Appeals ruled that the IN ban on same-gender civil marriage cannot be used to invalidate a marriage when one spouse later changes his/her gender identity. • MEUSA Summary • News Source HAWAII • On 23 December 2013, in McDermott v. Abercrombie, HI state lawyers asked a state judge to dismiss the lawsuit seeking to overturn the 2003 Marriage Equality Act. • MEUSA Summary • News Source ILLINOIS • On 17 December 2013, in Darby v. Cook County Clerk David Orr, the state court dismissed the original 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 UTAH • On 22 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, the 10th Circuit U.S. Court of Appeals denied UT’s request to stay (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. On 23 December 2013, UT made the request again, and the Court of Appeals denied it again. • MEUSA Summary • News Source UTAH • On 23 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, U.S. district court judge denied UT’s request to stay his 20 December ruling declaring UT’s marriage ban unconstitutional. • MEUSA Summary • News Source UTAH • On 24 December, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, UT made a 4th request for a stay, and the Court of Appeals denied it, mainly because: (a) the appeal does not appear likely to succeed; (b) the lack of a stay is unlikely to cause irreparable harm to the state; and (c) the presence of a stay is likely to harm the plaintiff couples who now can marry legally. UT then announced that it will make a 5th request to the U.S. Supreme Court, where Justice Sonia Sotomayor will grant the stay, or deny the stay, or ask the full Court to decide. • MEUSA Summary • News Source UTAH • On 27 December 2013, Republican lawmakers committed about $2 million for opposing marriage equality in the U.S. Appeals Court and the U.S. Supreme Court. In the first week since the 20 December ruling, about 1,000 same-gender couples married. • MEUSA Summary • News Source TEXAS • On 26 December 2013, in Noel Freeman, et al. v. Houston, TX Mayor Anise Parker, et al., Lambda Legal file a federal lawsuit seeking to restore employee spouse benefits for same-gender spouses. • MEUSA Summary • News Source IDAHO • On 24 December 2013, in Sue Latta, et al. v. ID Governor C. L. Butch Otter, a marriage rights case, the plaintiffs asked the judge to block the state from intervening in their lawsuit. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
STATE BALLOTS & POLLS
Send questions and comments to: [email protected].
Policy and Legal Update - November 18-24, 2013
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
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
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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
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].
Policy and Legal Update - October 28-November 3, 2013
Policy & Legal Updates
28 October – 3 November, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
PENNSYLVANIA • On 25 October 2013, in Barbara Baus v. Pennsylvania, Ms. Baus objected to paying a 15% tax of about $11,000 for inheriting the estate of her wife Catherine Burgi-Rios. • MEUSA Summary • News Source PENNSYLVANIA • On 30 October 2013, in Nancy Nixon v. PA Department of Revenue, Ms. Nixon sought to overturn a $21,000 inheritance tax bill on the estate of her partner Jeanne Schwartz. • MEUSA Summary • News Source VIRGINIA • On 29 October 2013, in Joanne Harris, et al. v. Virginia Governor Robert McDonnell et al., federal judge Michael Urbanski considered whether: (1) to certify the case of two couples as a class action representing all same-gender couples in VA; and (2) whether to dismiss the governor and a circuit court clerk as defendants, leaving only the state vital records registrar. Merits of the case are scheduled for argument on 3 January 2014. • MEUSA Summary • News Source TEXAS • On 28 October 2013, in Marc Pharris, et al., v. Texas, two same-gender couples filed a federal class action lawsuit for all TX couples, challenging the 2005 TX constitutional ban on marriage inside and outsdie TX. • MEUSA Summary • News Source VIRGINIA • On 29 October 2013, in Joanne Harris, et al. v. Virginia Governor Robert McDonnell et al., the original date for arguing the merits of this federal class action case (3 January 2014) was canceled, and it may be re-scheduled. • MEUSA Summary • News Source MISSOURI • On 29 October 2013, in Kelly Glossip v. MO Highway Patrol, in a 5-to-2 ruling, the MO Supreme Court decided that deceased Highway Patrolman Dennis Engelhard’s same-gender partner, Kelly Glossip, is ineligible for spouse survivor benefits because MO’s constitution and laws ban same-gender spouses. • MEUSA Summary • News Source COLORADO • On 30 October 2013, in Rebecca Brinkman and Margaret Burd v. Colorado, a same-gender couple represented by attorney Ralph Ogden, sued in state court to challenge CO’s 2006 constitutional ban on same-gender civil marriage and statutory ban offering only civil union. • MEUSA Summary • News Source TEXAS • On 31 October 2013, in Alicia Butler & Judith Chedville vs. Texas, Defense Secretary Chuck Hagel directed Army National Guard units nationwide to process benefit applications for all personnel with same-gender spouses, regardless of local marriage laws, especially at the 114 bases in FL, GA, IN, LA, MS, OK, SC, TX, and WV. • MEUSA Summary • News Source HAWAII • On 31 October 2013, Republican state Representative Bob McDermott filed a lawsuit in state circuit court to get a judge to: (1) declare that a 1998 constitutional amendment restricted marriage to mixed-gender couples only, and (2) halt the special legislative session ordered by the governor for the purpose of passing a marriage equality bill. But the governor, attorney general, and most lawmakers say that the amendment gave lawmakers control over all possible decisions on both mixed-gender and same-gender civil marriage. • MEUSA Summary • News Source PENNSYLVANIA • On 1 November 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett,Washington County, PA Attorney General Kathleen Kane, and PA Governor Tom Corbett all were dismissed as defendants, and Revenue Secretary Dan Meuser and Health Secreatary Michael Wolf were added. • MEUSA Summary • News Source OHIO • On 1 November 2013, in Jim Obergefell & John Arthur v. Ohio, a federal judge ruled that a suit seeking to recognize same-gender marriages on OH death certificates can proceed, and that OH funeral director Robert Grunn can remain one of the plaintiffs, which will ensure that the outcome (expected in December 2013) applies to every OH same-gender couple married outside of OH. • MEUSA Summary • News Source TEXAS • On 1 November 2013, in Alicia Butler & Judith Chedville vs. Texas, the Indiana Army National Guard confirmed that it has been processing benefits for same-gender couples since 1 October, and that even though some applications were temporarily delayed, no benefits were ever denied, and no federal law was broken. • MEUSA Summary • News Source INDIANA • On 31 October 2013, in A.C. vs. N.J., the IN Court of Appeals classified non-biological mothers the same as former stepparents/grandparents, and repeated a 2004 recommendation that new child custody laws are needed (over 75% of IN families are non-traditional, but the law does not recognize their existence, and it bans same-gender couples). • MEUSA Summary • News Source KENTUCKY • On 25 October 2013, in Romero v. Romero, Alysha Romero filed suit in KY Family Court to be divorced from Rebecca Sue Romero, whom she legally married in MA in 2009. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
VIRGINIA • On 28 October 2013, Richmond, VA City Council voted to extend benefits to the spouses of city employees in same-gender couples, as soon as same-gender civil marriage is legalized statewide. • MEUSA Summary • News Source HAWAII • On 29 October 2013, the HI Senate Judiciary & Labor Committee held hearings and voted, 5-to-2, to advance the same-gender civil marriage bill to the full Senate, which passed it on a 20-to-4 vote, after which it went to the House Judicicary and Finance Committee for hearings, committee votes, and a House vote the week of 3 November. If approved, the proposed law could allow nuptials to begin by 18 November 2013. • MEUSA Summary • News Source ILLINOIS • As of 29 October 2013, every major IL newspaper had endorsed the same-gender civil marriage bill, and 17 IL mayors had written to lawmakers urging passage. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
ARKANSAS • On 29 October 2013, the AR Attorney General rejected the fourth version of a proposed ballot measure which could repeal the 2004 ban on same-gender civil marriage and also legalize it. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - October 21-27, 2013
Policy & Legal Updates
October 21 – 27, 2013NATIONAL MAP
NATIONAL POLLS
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On 24 October 2013, Harris Interactive surveyed 2,577 adults (representatively chosen by age, sex, race, education, region, income) regarding public attitudes toward LGBT people, and regarding marriage equality 67% say it’s inevitable (34% strongly, 34% somewhat), 25% say it isn’t (11% somewhat, 14% strongly), and 8% declined to answer. • Survey Details
NATIONAL LEGISLATION
LAWSUITS
NEW JERSEY • On 21 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., Governor Christie withdrew his appeal of the Superior Court decision to start issuing same-gender civil marriage licenses, and in doing so he removed the last possible obstacle to marriage equality in NJ. • MEUSA Summary • News Source TENNESSEE • On 21 October 2013, in Valerica Tanco, et al. v. TN Governor William Haslam, et al.,four legally married same-gender couples filed suit in U.S. District Court in Nashville, in a constitutional challenge to the TN law that bans recognition of their marriages. • MEUSA Summary • News Source OHIO • On 22 October 2013, in Jim Obergefell & John Arthur v. Ohio, John Arthur passed away, after he and husband Jim Obergefell flew to Maryland, married, and then won a temporary order from a federal judge which forced OH to recognize their out-of-state marriage on Mr. Arthur’s death certificate. • MEUSA Summary • News Source WEST VIRGINIA • On 23 October 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., a challenge to the state law that bans marriage equality, the U.S. District court gave clerks from Kanawha and Cabell counties up to 60 extra days to respond to the suit, so that WV Attorney General Patrick Morrisey can decide whether to intervene. • MEUSA Summary • News Source WISCONSIN • On 23 September 2012, in Julaine Appling, et al., v. WI Governor Scott Walker, et al., 7 WI Supreme Court justices heard arguments, considered altering the existing domestic partner law, and adjourned without a decision, which is expected by summer 2014. • MEUSA Summary • News Source HAWAII • On 25 October 2013, 12 of the first 15 states with marriage equality (CA, CT, DC, DE, IA, MA, MD, ME, NH, NY, VT, WA) plus IL, NM, and OR filed a brief urging the U.S. Ninth Circuit Court of Appeals to strike down gay marriage bans in HI and NV. • MEUSA Summary • News Source NEVADA • On 25 October 2013, 12 of the first 15 states with marriage equality (CA, CT, DC, DE, IA, MA, MD, ME, NH, NY, VT, WA) plus IL, NM, and OR filed a brief urging the U.S. Ninth Circuit Court of Appeals to strike down gay marriage bans in HI and NV. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
ILLINOIS • On 21 October 2013, Fako & Associates surveyed registered likely IL voters on marriage equality, and reported that 52% support it, including 66% of Roman Catholics, 55% of African Americans, and 63% of Latinos. • MEUSA Summary • News Source HAWAII • On 21 October 2013, the Honolulu Civil Beat newspaper surveyed 819 registered HI voters on same-gender civil marriage, and reported that 44% support it, 44% oppose it, and 12% are undecided. • MEUSA Summary • News Source NEW JERSEY • Even after the NJ Supreme Court decided to authorize same-gender civil marriages, NJ lawmakers still might revise statutes regarding: (1) conversion of civil unions into marriages; (2) facility rentals from religious organizations; and (3) recognizing out-of-state marriages in NJ. • MEUSA Summary • News Source OKLAHOMA • On 10 October 2013, the combined Cheyenne and Arapaho Tribes of western Oklahoma issued their first same-gender civil marriage license to Jason Pickel and Darren Black Bear. In 2004, such marriages were banned by statute and by constitution in the rest of OK. • MEUSA Summary • News Source NEW JERSEY • On 21 October 2013, Rutgers-Eagleton surveyed 799 registered NJ voters regarding marriage equality, and reported that 61% support it, 27% oppose it, and 12% are unsure. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
IOWA • On 24 October 2013, the nonpartisan Brennan Center for Justice, National Institute on Money in Politics, and Justice at Stake reported that activists spent $833,000 ($466,000 anti-LGBT + $367,000 pro-LGBT) to persuade voters whether to retain an Iowa Supreme Court judge who in 2009 ruled in favor of same-gender civil marriage. On 6 November 2012, voters retained Justice Wiggins by a 55%-to-45% margin. • MEUSA Summary • News Source OREGON • On 6 November 2013, San Francico non-profit leader Mike Marshall takes over leadership of Oregon United for Marriage. • MEUSA Summary • News SourceSend questions and comments to: [email protected].