Policy and Legal Update - February 3-9, 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.
Policy & Legal Updates
February 3 – 9, 2014NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
MICHIGAN • On 6 February 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., a suit challenging the MI laws that deny adoption to certified foster parents when they are not married, the plaintiffs sought to ban the testimony of sociology professor Mark Regnerus because his flawed methods, rejection by peers, lack of qualifications, unreliability, irrelevance don’t meet the minimum requirements for federal evidence. Trial is scheduled for 25 February 2014. • MEUSA Summary • News Source UTAH • On 6 February 2014, in Jonell Evans, et al. v. State of Utah, a case seeking immediate recognition of all marriages between same-gender couples who were married from 20 December 2013 through 6 January 2014, the plaintiffs asked for an expedited hearing. • MEUSA Summary • News Source LOUISIANA • On 27 January 2014, in Jonathan Robicheaux and Derek Pinton, et al. v. LA Attorney General James Caldwell, a federal case challenging the LA constitutional amendment and state law banning same-gender civil marriage, and banning LA recognition of same-gender couples married elsewhere, Judge Martin Feldman denied a request to un-consolidate this case (#2013-cv-05090) from another case (#2014-cv-00097). • MEUSA Summary • News Source ARKANSAS • On 31 January 2014, in Rita & Pam Jernigan et al. v. Crane et al., a federal lawsuit seeking same-gender civil marriages, AR asked a federal judge to dismiss the lawsuit challening the 2004 AR constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source WISCONSIN • On 3 February 2014, in Virginia Wolf & Carol Schumacher, et al., v. WI Governor Scott Walker, et al., ACLU filed 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. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
ARIZONA • On 5 February 2014, the Camp Verde, AZ council voted against recognizing civil unions for same-gender couples. • MEUSA Summary • News Source UTAH • On 29 January 2014, UT state Representative Merrill Nelson proposed a law so that citizens can donate funds via their UT tax return for legalizing discrimination against same-gender couples. • MEUSA Summary • News Source KANSAS • On 6 February 2014, HB-2453, which would legalize discrimination by individuals, businesses, and government against same-gender couples whenever the excuse is religious beliefs, passed from committee to the full House for a vote. • MEUSA Summary • News Source INDIANA • IN Republicans criminalized the performance of any religious ceremony that religiously marries two people of the same gender, starting 1 July 2014. • MEUSA Summary • News Source UTAH • On 27 January 2014, state Rep. Jacob Anderegg (R) introduced 2 bills (HB-231, HJR-1) that would prevent clergy from being forced to solemnize marriages against their beliefs. • MEUSA Summary • News Source VIRGINIA • On 3 Febuary 2014, the Republican-led VA House of Representatives passed HB-706, a bill that would let any state lawmaker defend the VA ban on same-gender civil marriage in place of the governor and attorney general. The bill also needs approval of the VA Senate, then the VA governor. • MEUSA Summary • News Source WEST VIRGINIA • On 4 February 2014, the Morgantown, WV City Council unanimously approved a resolution supporting marriage equality in the WV legislature. • MEUSA Summary • News Source ARIZONA • On 4 February 2014, an AZ House Government Committee passed HB-2153, which legalizes discrimination against LGBT people whenever the perpetrator claims religious beliefs as the excuse for the discrimination. SB-1062 also passed its respective committee in the AZ Senate. • MEUSA Summary • News Source TEXAS • On 4 February 2014, Bexar County, TX extended health benefits to county workers' same-gender spouses. • MEUSA Summary • News Source ARIZONA • On 5 February 2014, an AZ House committee approved a bill to legalize discrimination against LGBT people whenever religious belief is the excuse. • MEUSA Summary • News Source TENNESSEE • On 6 February 2014, TN state Senator Brian Kelsey (R) and Representative Bill Dunn (R) proposed SB-2566 and HB-2467, to legalize discrimination against same-gender couples in domestic partnerships, civil unions, and marriages, whenever the discrimination is excused by claims of religious belief. • MEUSA Summary • News Source KENTUCKY POLLS • On WKYT-TV, WHAS-TV, and 2 newspapers surveyed 1,082 registered voters on same-gender civil marriage, and reported that 55% oppose it, 35% support it, and 10% aren’t sure. • MEUSA Summary • News Source WISCONSIN POLLS • On 29 October 2013, Marquette University surveyed 800 WI registered voters on same-gender civil marriage, and reported that 53% support it, 24% support only civil union, 19% oppose all legal recognition of same-gender couples, with 4% unaccounted for. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
OHIO • On 9 February 2014, FreedomOhio announced it has gathered 650,000 petition signatures, hopes to reach 1,000,000 by summer, and will decide later whether the statewide vote occurs in 2014 or 2016. • MEUSA Summary • News Source Send questions and comments to: [email protected].Policy and Legal Update - January 27-February 2, 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
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 30, 2013 - January 5, 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
30 December 2013 – 5 January 2014NATIONAL MAP
On 25 December 2013, a National Public Radio broadcast on marriage equality reviewed 2013 and previewed 2014 with MEUSA’s Ned Flaherty. • MEUSA Summary • News SourceNATIONAL POLLS
On 7 October 2013, Associated Press-GfK Public Affairs surveyed 1,227 American adults (demographically balanced by age, sex, education, race, phone type) on same-gender civil marriage, and reported that 36%support it, 33% do not, and 29% are undecided, and 3% did not answer. • News SourceNATIONAL LEGISLATION
LAWSUITS
ARIZONA • On 23 December 2010, in Joseph Diaz, et al., v. Janice Brewer, et al., a federal judge certified the worker benefits case as a class action lawsuit representing all state workers with same-gender partners. • MEUSA Summary • News Source UTAH • On 30 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., a federal case challenging Utah’s constitutional amendment banning same-gender civil marriage, the Appeals Court set an expedited 2014 schedule: state’s appeal brief by 27 January, couples’ response brief by 18 February, state’s reply brief by 25 February, oral arguments in March. • MEUSA Summary • News Source UTAH • UTAH - On 31 December 2013, in Kitchen, et al. v. Utah Attorney Governor Gary Herbert, et al., UT asked the U.S. Supreme Court to stay the original ruling and suspend same-gender civil marriages while appeals go through the U.S. Tenth Court of Appeals and the U.S. Supreme Court. A reply from the same-gender couples is expected on 3 January, with a decision on the stay request the following week. • MEUSA Summary • News Source TEXAS • On 31 December 2013, in Jack Pidegon & Larry Hicks vs. Houston Mayor Annise Parker, et al., a case about worker same-gender spouse benefits, Houston’s attorney got the case moved from state district family court into federal court, where the next court date is 6 January 2014. • MEUSA Summary • News Source WEST VIRGINIA • On 31 December 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., in this suit challenging the WV law that bans marriage equality, the plaintiffs asked for a summary judgment. • MEUSA Summary • News Source KANSAS • On 31 December 2013, in Michael Nelson, et al. v. KS Department of Revenue, two legally married same-gender couples sued for the right to file joint state income tax returns. • MEUSA Summary • News Source TEXAS • On 2 January 2014, in Jack Pidegon & Larry Hicks vs. Houston Mayor Annise Parker, et al.,the federal judge denied the Houston Republican Party’s request for a stay against the city policy, and reversed the district court approval of that stay, thereby restoring equal worker benefits for same-gender spouses. Republican plaintiffs said they will try to move the case back to state court on 21 January 2014. • MEUSA Summary • News Source UTAH • On 3 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., the same-gender couples filed a reply arguing why marriages should continue during the state's appeal of the district court ruling. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
STATE BALLOTS & POLLS
TEXAS • On 1 January 2014, Equality Texas and Freedom to Marry launched Why Marriage Matters Texas, a campaign to increase TX support for marriage equality. • MEUSA Summary • News Source UTAH • On 19 December 2013, UT state Representative Jacob Anderegg introduced H.J.R.-1, Joint Resolution on Religious Liberty, which would amend the UT constitution to excuse religious organizations from having to recognize any marriage in violation of conscience of faith. • MEUSA Summary • News Source UTAH POLLS • On 3 January 2014, Salt Lake City’s Fox-13 TV surveyed readers on same-gender civil marriages, and reported that 73% support, 21% don’t, 5% want government not involved, and 1% don’t know/don’t care. • MEUSA Summary • News SourceSend questions and comments to: [email protected].