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 23-29, 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 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 - 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 - 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
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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
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].
Policy and Legal Update - October 28-November 3, 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
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
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
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].
Policy and Legal Update - October 7-13, 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
October 7 – 13, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
PENNSYLVANIA • On 7 October 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett et al., a federal lawsuit challenging the 1996 PA law that bans same-gender marriage for residents, and that ignores out-of-state same-gender marriages, the governor, chief legal officer, and health secretary asked to be released as defendants, and lawyers for PA Attorney General Kathleen Kane argued that she also should not be a defendant, which would leave only two county officials as defendants. • MEUSA Summary • News Source IOWA • On 7 October 2013, in Betty Ann & Richard Odgaard v. Iowa Civil Rights Commission et al., two bistro owners (the Odgaards) sued IA, claiming that: (1) their religious beliefs compel them to discriminate against same-gender couples, (2) the IA anti-discrimination law violates their religious beliefs by outlawing discrimination, and (3) their bistro business qualifies as a religious institution. • MEUSA Summary • News Source ILLINOIS • On 8 October 2013, in Darby v. Orr, opponents of marriage equality challenged the county judge’s decision (to allow the case to proceed) by appealing to a higher court, where arguments are scheduled to be heard on 14 November 2013. • MEUSA Summary • News Source NEW JERSEY • On 10 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., Justice Jacobson denied NJ’s request to delay same-gender civil marriages (scheduled to start on 21 October 2013) until Governor Christie’s appeal is concluded in 2014. • MEUSA Summary • News Source NEW JERSEY • On 11 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., the NJ Supreme Court announced it will rule on: (1) marriage equality, and (2) the 21 October start date for same-gender civil marriage licenses. Plaintiffs have until 15 October to file objections. • MEUSA Summary • News Source UTAH • On 11 October 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., UT Governor Herbert requested a summary judgment favoring the state, and argued that: (1) marriage is not a right; (2) states can exclude some citizens from marriage; (3) “responsible procreation” is a reason to exclude same-gender couples, and (4) raising children with mixed-gender parents is better. Plaintiffs also requested a summary judgment in their favor, and argued that UT’s constitutional ban restricts rights and liberties. The court will hear both of these motions on 4 December 2013. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
WASHINGTON • On 4 October 2013, the WA Judicial Conduct Commission firmly reprimanded Thurston County Superior Court Judge Gary Tabor for refusing to perform civil wedding ceremonies for same-gender couples for what he said were “philosophical and religious reasons.” WA law prohibits such discrimination, so Judge Tabor no longer performs weddings for anyone. • MEUSA Summary • News Source TEXAS • On 8 October 2013, the Dallas Area Rapid Transit Board voted 9-3 to adopt a domestic partner employee benefits plan. • MEUSA Summary • News Source NEW JERSEY • On 8 October 2013, Fairleigh Dickinson University surveyed 702 registered voters, and reported that 62% support the NJ court’s ruling in favor of same-gender civil marriage, 30% oppose it, and 8% don’t know or refused to answer. Also, 62% oppose NJ’s appeal of the court’s ruling, 29% support it, and 9% don’t know or refused to answer. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
ARKANSAS • On 7 October 2013, AR Attorney Genderal Dustin McDaniel rejected the wording of two ballot measures to legalize same-gender civil marriage, after approving a third ballot measure to repeal the 2004 constitutional ban on same-gender marriage. • MEUSA Summary • News Source INDIANA • On 9 October 2013, the anti-LGBT Indiana Family Institute surveyed 504 likely IN voters, and reported that 62% support a constitutional ban on same-gender civil marriage, 33% oppose a ban, and 6% are undecided. • MEUSA Summary • News SourceSend questions and comments to: [email protected].