MEUSA Teams with Freedom Indiana
This year has ushered in several marriage equality victories, including seven additional marriage equality states and a Supreme Court ruling affording federal benefits to married couples across the country. Building on this momentum, and to prevent marriage equality opponents from regaining their footing, MEUSA is proud to announce an alliance with its National Equality Action Team (NEAT) and Freedom Indiana to stop the Indiana legislature from putting a marriage equality referendum on the ballot that has the potential to add a marriage equality prohibition to the state constitution.
MEUSA is seeking volunteers from across the country to sign up immediately to help stop this harmful initiative! Volunteers will connect Indiana residents who support same-sex couples and their families with their local legislators. Hoosiers will be encouraged to tell their legislators how this far-reaching amendment would limit freedoms and be unfair to gay families. MEUSA will provide volunteers with training, support and resources. Contacting legislators works, as NEAT recently witnessed with victories in Rhode Island, Delaware, Minnesota, and Illinois. Anyone with internet access, a phone, and a desire to help CAN make a difference. Those interested in volunteering can go to www.theneat.org to sign up to make calls from home or from one of several locations to support love and freedom for all Hoosiers.
Policy and Legal Update - December 2-8, 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 2 – 8, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
PENNSYLVANIA • On 2 December 2013, in Pennsylvania Health Department v. Montgomery County Court Clerk Bruce Hanes, lawyers for Hanes urged the PA Supreme Court to overturn the order that stopped Hanes from issuing any more same-gender civil marriage licenses. • MEUSA Summary • News Source WASHINGTON • On 3 December 2014, in Michael Hall, et al. v. BNSF Railway Company, two legally married same-gender couples filed a federal suit to obtain spouse health insurance coverage for themselves and all other workers because although same-gender civil marriage is legal in WA, the employer refuses to comply. • MEUSA Summary • News Source MISSISSIPPI • On 2 December 2013, in Lauren Beth Czekala-Chatham v. Dana Ann Melcon, a state judge refused to grant Ms. Czekala-Chatham a divorce involving property, alimony, children, and inheritance (because MS doesn’t recognize legal same-gender civil marriages from any jurisdiction), and Czekala-Chatham said she is appealing the ruling. • MEUSA Summary • News Source LOUISIANA • On 3 December 2014, LA Army National Guard Lt. Col. Michael Mazmierzak confirmed that LA now issues same-gender spouse benefits by using federal personnel, funds, and systems for processing applications, leaving only GA and MS still unlawfully denying benefits. • MEUSA Summary • News Source WASHINGTON • On 3 December 2013, in Michael Hall, et al. v. BNSF Railway Company, two legally married same-gender couples filed a federal suit to obtain spouse health insurance coverage for themselves and all other workers because although same-gender civil marriage is legal in WA, employer BNSF refuses to comply. On 4 December 2013, America’s largest freight rail carriers (BNSF, Norfolk Southern, Union Pacific, CSX, and others) announced they will all provide health care benefits to same-gender spouses of their workers, starting 1 January 2014. • MEUSA Summary • News Source LOUISIANA • On 2 December 2013, in Jonathan Robicheaux and Derek Pinton, et al. v. LA Attorney General James Caldwell, two couples challenging the LA bans on same-gender civil marriage asked the court to reconsider its dismissal, and to allow the addition of another defendant.STATE LEGISLATION & POLLS
NEBRASKA • On 3 December 2013, Douglas County, NE extended all benefits, starting 1 January 2014, to same-gender spouses of workers who are legally married in other states. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 3 December 2013, 13 IN mayors (7 Democrats and 6 Republicans from Anderson, Angola, Bloomington, Carmel, Evansville, Fort Wayne, Hammond, Indianapolis, Kokomo, Lafayete, South Bend, Valparaiso, West Lafayette) opposed banning same-gender civil marriage via the state constitution. • MEUSA Summary • News Source OREGON • On 7 December 2013, Oregon United for Marriage annouced it had collected more than the 116,284 signatures needed to put marriage equality on the 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 - 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 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].