Policy and Legal Update - March 24-30, 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
News reported March 24 – 30, 2014
NATIONAL MAP
NATIONAL POLLS
- On 27 March 2014, Greenberg Quinlan Rosner Research surveyed 1,000 likely 2016 voters, and reported that 55% favor it, 40% do not, with 5% unaccounted for. Separately, 62% believe same-gender civil marriage will be legalized by the U.S. Supreme Court, and 33% do not, with 5% unaccounted for. • MEUSA Summary • News Source
STATE POLLS
WISCONSIN • On 26 March 2014, Marquette Law School surveyed 801 registered WI voters on same-gender civil marriage, and reported that 48% support it, 24% support only civil union, and 24% support no legal recognition for same-gender couples, with 4% unaccounted for. Separately, regarding the 2006 constitutional ban on same-gender civil marriage, 59% would repeal it, and 36% would continue it, with 5% unaccounted for. • MEUSA Summary • News SourceNATIONAL LEGISLATION PENDING
NATIONAL LEGISLATION ENACTED
LAWSUITS PENDING
ALABAMA • On 20 March 2014, in Paul Hard v. AL Governor Robert Bentley, et al., a federal lawsuit to: (1) overturn the 1998 AL law and the 2005 AL constitutional amendment which ban same-gender civil marriage; (2) issue a revised Death Certificate for Charles Fancher showing Paul Hard as the surviving spouse, based on their 2011 MA marriage; and (3) disburse the proceeds of a wrongful death suit to Paul Hard, Ms. Pat Fancher, mother of Charles Fancher, asked to intervene because (a) she opposes same-gender civil marriage; and (b) she wants to remain her deceased son’s next of kin and receive all the wrongful death proceeds of his estate. • MEUSA Summary • News Source ARIZONA • On 24 March 2014, in Nelda Majors & Karen Bailey, et al. v. AZ Attorney General Tom Horne, et al., a federal lawsuit for 7 couples, and the surviving spouses of 2 additional same-gender couples, challenging the AZ 1996 and 1999 laws and the AZ 2006 constitutional ban on same-gender civil marriage, plaintiffs asked that their case be (1) merged with Joseph Connolly & Terrel Pochert, et. al., v. Pinal County Superior Court Clerk Chad Roche, and (2) decided by the same judge. • MEUSA Summary • News Source LOUISIANA • On 18 March 2014, in Forum for Equality Louisiana v. Louisiana Revenue Secretary Tim Barfield, et al., a federal case for 4 same-gender couples challenging the LA constitutional ban on same-gender civil marriages performed in LA or elsewhere, and challenging LA’s refusal to recognize both spouses as parents to children that are born to them or children that they adopt, the court consolidated this case into Jonathan Robicheaux & Derek Pinton, et al. v. LA Attorney General James Caldwell. The common issues (equal protection; due process for recognizing out-of-state same-gender civil marriages) will be decided first; the non-common issues (1st Amendment; LA marriage rights; Full Faith and Credit between states) will be decided later. The consolidation caused a revised 2014 schedule: cross motions for summary judgment (due 17 April), amicus briefs (12 May), cross responses to motions (19 May), replies (2 June), oral arguments (25 June), ruling (1 July), appeal to 5th Circuit U.S. Court of Appeals (1 August). • MEUSA Summary • News Source LOUISIANA • On 18 March 2014, in Jonathan Robicheaux & Derek Pinton, et al. v. LA Attorney General James Caldwell, a federal lawsuit for 2 couples challenging the LA constitutional amendment and state law banning same-gender civil marriage, and seeking LA recognition for same-gender couples married elsewhere, the court consolidated into this case Forum for Equality Louisiana v. Louisiana Revenue Secretary Tim Barfield, et al., a federal suit for 4 same-gender couples challenging the LA constitutional ban on same-gender civil marriages performed in LA or elsewhere, and challenging LA’s refusal to recognize both spouses as parents to children that are born to them or children that they adopt. The common issues (equal protection; due process for recognizing out-of-state same-gender civil marriages) will be decided first; the non-common issues (1st Amendment; LA marriage rights; Full Faith and Credit between states) will be decided later. The consolidation caused a revised 2014 schedule: cross motions for summary judgment (due 17 April), amicus briefs (12 May), cross responses to motions (19 May), replies (2 June), oral arguments (25 June), ruling (1 July), appeal to 5th Circuit U.S. Court of Appeals (1 August). • MEUSA Summary • News Source WISCONSIN • On 24 March 2014, in Virginia Wolf & Carol Schumacher, et al., v. WI Governor Scott Walker, et al., a federal lawsuit for 4 couples challenging the 2006 WI ban on same-gender civil marriage or civil union, and WI's unique ban on marrying elsewhere, for which each spouse faces up to $10,000 in fines and 9 months in prison as soon as they return to WI, the judge denied the WI motion to stay this case until the WI Supreme Court rules on the WI domestic partner registry case (Julaine Appling, et al., v. WI Governor Scott Walker, et al.), saying that a such stay would be pointless, and scheduled the 2014 trial for August 25-29. • MEUSA Summary • News Source MICHIGAN • On 25 March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al.,a challenge to the MI laws that deny adoption to certified foster parents when they are not married, the 6th Circuit U.S. Court of Appeals stayed the district court ruling pending the outcome of the MI appeal. • MEUSA Summary • News Source PUERTO RICO • On 26 March 2014, in Ada Conde v. PR Health Secretary & Vital Records Registrar,an attorney filed a federal lawsuit to have her 2004 same-gender civil marriage from MA recognized in PR. • MEUSA Summary • News Source MICHIGAN • In late March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al.,a federal challenge to MI laws that deny adoption to certified foster parents when they are not married, and the constitutionality of the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the court set the appeal deadlines: 7 May (MI brief), 9 June (plaintiff brief), and 26 June (MI response brief). • MEUSA Summary • News Source MISSOURI • On 26 March 2014, in Kerry Messer, et al. v. MO Governor Jeremiah Nixon, et al., the MO Family Baptist Convention Christian Life Commission and the MO Family Policy Council sued to stop MO from accepting tax returns from same-gender couples with legal civil marriages who file joint federal and MO returns, because the plaintiffs claim that they are already suffering “immediate and irreparable damage.” • MEUSA Summary • News Source NEVADA • On 27 March 2014, in SmithKline Beecham Corporation v. Abbott Laboratories, one or more judges at the 9th Circuit U.S. Court of Appeals requested re-review of this previously decided appeal (which both parties already decided not to pursue any further), so the court asked both parties to state by 17 April 2014 whether their case should be re-heard by all 11 judges of the 9th Circuit, after which the 11 judges will vote whether to re-review the case. On 21 January 2014, the appeals court ruled that “heightened scrutiny” is the new standard by which all future sexual orientation discrimination cases will get decided, so that could change if all the court decides to re-hear the case by all 11 judges. • MEUSA Summary • News Source MICHIGAN • On 28 March 2014, In late March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., a federal challenge to MI laws that deny adoption to certified foster parents when they are not married, and the constitutionality of the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, U.S. Attorney General Eric Holder confirmed that the federal government is recognizing the 322 same-gender civil marriages performed in MI between the time that the MI marriage ban was ruled unconstitutional and the time that MI appealed that ruling, even though MI is ignoring those marriages. • MEUSA Summary • News Source TENNESSEE • On 25 March 2014, in Valeria Tanco, et al. v. TN Governor William Haslam, et al., a federal constitutional challenge to the TN law that bans recognition of same-gender civil marriages, TN asked the U.S. 6th Circuit Court of Appeals for a stay on the district court’s order banning TN from enforcing the TN ban on same-gender marriage against the 6 plaintiffs. • MEUSA Summary • News Source OHIO • On 28 march 2014, in Alfred Cowger & Anthony Wesley, Jr. v. Ohio & U.S. Government, et al., a federal lawsuit because the Affordable Care Act doesn’t recognize out-of-Ohio marriages, the plaintiffs dropped their case, after finally obtaining a family health insurance policy. • MEUSA Summary • News Source NEBRASKA • On 28 March 2014, in Bonnie Nichols v. Nebraska, Ms. Nichols petitioned the NE Supreme Court for permission to divorce Margie Nichols, whom she married in IA in 2009. In August 2013, a district court dismissed the case because the NE 2000 constitutional ban on same-gender marriage bars recognition of same-gender marriage and same-gender divorce. The NE Attorney General is arguing before the state court of appeals that: the NE marriage ban is irrelevant, and no one has any federal right to divorce. • MEUSA Summary • News Source VIRGINIA • On 28 March 2014, in Timothy Bostic, et al. vs. VA 4th Circuit Court Clerk George Schaefer, et al., a federal lawsuit challenging VA’s 2006 ban on same-gender marriage and the ban on out-of-state marriages, VA court clerks argued that marriage is solely for the purpose of procreation between mixed-gender spouses, and that same-gender civil marriage would lead to legalization of incest. • MEUSA Summary • News Source KENTUCKY • On 28 March 2014, in Timothy Love, et al. v. Kentucky Governor Steve Beshear (formerly Gregory Bourke & Michael De Leon, et al. v. Kentucky Governor Steve Beshear), a federal lawsuit challenging KY’s ban on recognizing same-gender couples married elsewhere, the 6th Circuit U.S. Court of Appeals set the briefing schedule: KY principal brief (7 May 2014), plaintiffs’ principal brief appendix (9 June 2014), KY reply brief (26 June 2014). • MEUSA Summary • News Source TENNESSEE • On 28 Martch 2014, in Valeria Tanco, et al. v. TN Governor William Haslam, et al., a federal constitutional challenge to the TN law that bans recognition of same-gender civil marriage, the 6th Circuit U.S. Court of Appeals set the briefing schedule: TN principal brief (7 May 2014), plaintiffs’ principal brief appendix (9 June 2014), TN reply brief (26 June 2014). • MEUSA Summary • News SourceLAWSUITS RESOLVED
STATE LEGISLATION PENDING
MISSOURI • On 27 March 2014, MO state Representative Mike Colona (D) introduced HJR-85, which would repeal the 2004 constitutional ban on same-gender civil marriage and legalize it. • MEUSA Summary • News Source MISSISSIPPI • On 27 March 2014, the MS Senate sent SB-2681, MS Religious Freedom Restoration Act (which would legalize discrimination whenever the discriminator claims religious belief as the excuse) to conference with the House, because the bill dies if a final version is not filed by 31 March 2014. • MEUSA Summary • News SourceSTATE LEGISLATION ENACTED
STATE BALLOT MEASURES
Send questions and comments to: [email protected].
Policy and Legal Update - March 17-24, 2014
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
March 17 – 23, 2014NATIONAL MAP
NATIONAL POLLS
STATE POLLS
- PENNSYLVANIA • On 3 March 2014, Quinnipiac University surveyed 1,405 registered PA voters regarding same-gender civil marriage, and reported that 57% support it, 37% oppose it, and 6% don’t know or don’t answer. • MEUSA Summary • News Source
NATIONAL LEGISLATION PENDING
- On 26 April 2013, U.S. Representative Aaron Schock (R-IL) introduced the Equitable Access to Care and Health Act (HR-1814), which would excuse a citizen from the federal law requiring the purchase of health insurance whenever that citizen claims a religious belief, and on 6 May 2013, U.S. Senator Kelly Ayotte (R-NH) introduced the Senate version (S. 862). On 11 March 2014, the U.S. House of Representatives skipped Committee review, and passed HR-1814 on a voice-only vote. Lawmakers favoring it include 226 Representatives (145 Republican, 81 Democrat), and 32 Senators (16 Republican, 15 Democrat, 1 Independent). Based on history, the chance of enactment is 24%. • MEUSA Summary • News Source
NATIONAL LEGISLATION ENACTED
LAWSUITS PENDING
PENNSYLVANIA • 18 March 2014, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al.,a federal suit about marriage recognition, the court scheduled oral arguments for 28 May 2014. • MEUSA Summary • News Source TEXAS • On 7 March 2014, in Cleopatra De Leon, et al., v. TX Governor Rick Perry et al.,a federal class action lawsuit for all TX couples challenging the 2003 law and the 2005 TX constitutional ban on marriage inside and outside TX, the preliminary injunction against the TX same-gender civil marriage bans while the district court case is proceeding was appealed by TX to the 5th Circuit U.S. Court of Appeals, and the district court case proceedings were stayed pending the appeal ruling. • MEUSA Summary • News Source TEXAS • On 12 March 2014, in Shannon Zahrn, et al. v. TX Governor Rick Perry, et al., a federal class action suit seeking equal marriage rights for all TX couples, and challenging the TX statutory and constitutional bans on same-gender civil marriage, TX asked the court to stay proceedings in this case pending the outcome at the 5th Circuit of Cleopatra De Leon, et al., v. TX Governor Rick Perry et al. • MEUSA Summary • News Source TEXAS • On 12 March 2014, in Christopher McNosky, et al. v. TX Governor Rick Perry, et al., a federal class action suit seeking equal marriage rights for all TX couples, and challenging the TX statutory and constitutional bans on same-gender civil marriage, TX asked the court to stay proceedings in this case pending the outcome at the 5th Circuit of Cleopatra De Leon, et al., v. TX Governor Rick Perry et al. • MEUSA Summary • News Source TEXAS • On 18 February 2014, In the Matter of the Marriage of A.L.F.L. and K.L.L., Allison Leona Flood Lesh and Kristi Lyn Lesh filed for divorce and child custody. A hearing is scheduled for 20 March 2014. • MEUSA Summary • News Source TENNESSEE • On 18 March 2014, in Valeria Tanco, et al. v. TN Governor William Haslam, et al., a constitutional challenge to the TN law that bans recognition of same-gender civil marriages, the TN attorney general: (1) asked for a stay of the injunction requiring TN to recognize the civil marriages of 3 same-gender couples, and (2) notified the 6th Circuit U.S. Court of Appeals that TN is appealing the order requiring recognition of marriages made elsewhere. On 20 March 2014, the court denied the state’s request. • MEUSA Summary • News Source KENTUCKY • On 20 March 2014, in Timothy Love, et al. v. Kentucky Governor Steve Beshear (formerly Gregory Bourke & Michael De Leon, et al. v. Kentucky Governor Steve Beshear), a federal lawsuit challenging KY’s ban on recognizing same-gender couples married elsewhere, the court stayed enforcement of its final order (requiring KY to recognize marriages performed elsewhere) pending the outcome from the 6th Circuit U.S. Court of Appeals. Briefing on the intervening couples’ claims is slated to finish by 28 May 2014. • MEUSA Summary • News Source WISCONSIN • On 20 March 2014, in Virginia Wolf & Carol Schumacher, et al., v. WI Governor Scott Walker, et al., a federal lawsuit for 4 couples challenging the 2006 WI ban on same-gender civil marriage or civil union, and WI’s unique ban on marrying elsewhere, for which each spouse faces up to $10,000 in fines and 9 months in prison as soon as they return to WI, WI DoJ claimed that existing mixed-gender marriage rights don’t include same-gender marriage rights, and asked that the case be dismissed. • MEUSA Summary • News Source ARKANSAS • The case of Kendall Wright, et al. v. AR Governor Michael Beebe, et al., in which 21 same-gender couples challenge the 2004 AR constitutional ban on same-gender civil marriage, the state law banning same-gender civil marriage, the federal law allowing states to ignore same-gender marriages from other states, and recognition of parental rights, birth certificate names, insurance, and other benefits, is scheduled for oral argument on 17 April 2014. • MEUSA Summary • News Source VIRGINIA • On 20 March 2014, in Timothy Bostic, et al. vs. VA 4th Circuit Court Clerk George Schaefer, et al., a federal lawsuit challenging VA’s 2006 ban on same-gender marriage, and out-of-state marriage recognition, the 4th Circuit U.S. Court of Appeals confirmed the hearing of oral arguments on 13 May 2014 from attorneys for the original plaintiffs, assisted by attorneys from Lambda Legal and ACLU (in Joanne Harris, et al. vs. VA State Registrar Janet Rainey, et al., a certified class action case). • MEUSA Summary • News Source MICHIGAN • On 21 March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al.,a challenge to the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the court: (1) overturned the law and constitutional amendment that banned same-gender civil marriage in MI, (2) said that MI testimony calling same-gender parents inferior was "entirely unbelievable and not worthy of serious consideration," and (3) said that no available science contradicts the consensus that same-gender and mixed-gender couples are equally good at parenting. • MEUSA Summary • News Source MICHIGAN • On 22 March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al.,a challenge to the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, officials in at least 5 counties married over 300 county-resident, same-gender couples until 5:00 p.m., when the 6th Circuit U.S. Court of Appeals issued a temporary stay, effective through Tuesday, 26 March 2014. • MEUSA Summary • News Source HAWAI'I • On 19 March 2014, in Natasha Jackson, et al., v. Governor Neil Abercrombie, et al., a marriage rights case, the 9th Circuit U.S. Court of Appeals requested an opening brief by 25 April 2014, an answering brief by 27 May 2014, and an optional reply brief 14 days after delivery of the answering brief. Lawamkers legalized same-gender civil marriage in 2013, but the court still wants to ensure an orderly disposition of the appeal for future reference. • MEUSA Summary • News SourceLAWSUITS RESOLVED
STATE LEGISLATION PENDING
GEORGIA • On 3 March 2014, SB-377, which would allow religious belief to excuse violating federal health care laws, died in the GA legislature for 2014. • MEUSA Summary • News Source SOUTH DAKOTA • By 14 March 2014, SB-128 (which would legalize religion-based discrimination against LGBT people in 4 settings: (1) employment; (2) public accommodation; (3) commercial services; and (4) state courts) died in the 2014 SD legislature, after a 5-to-2 vote by the SD Senate Judiciary Committee defeated it. • MEUSA Summary • News Source CALIFORNIA • On 14 March 2014, CA initiative #13-0014 (which would exempt a citizen from any law that conflicts with that citizen’s religious bible-based beliefs, and would modify the CA constitution to protect religious expression even when it violates peace and safety) failed to collect 807,615 valid signatures for the November 2014 ballot. • MEUSA Summary • News SourceSTATE LEGISLATION ENACTED
STATE BALLOT MEASURES
Send questions and comments to: [email protected].
Policy and Legal Update - March 10-16, 2014
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
March 10 – 16, 2014NATIONAL MAP
NATIONAL POLLS
STATE POLLS
NATIONAL LEGISLATION PENDING
NATIONAL LEGISLATION ENACTED
LAWSUITS PENDING
VIRGINIA • On 10 March 2014, in Timothy Bostic, et al. vs. VA 4th Circuit Court Clerk George Schaefer, et al., a federal lawsuit challenging VA’s 2006 ban on same-gender marriage, the 4th U.S. Circuit Court of Appeals allowed plaintiffs for Joanne Harris, et al. v. VA State Registrar Janet Rainey, et al.to join the appeal, with an expedited hearing date of May 12-15. Briefs are due from defendants by 28 March 2014, from plaintiffs by 11 April, and the defendants’ reply is due by 30 April. • MEUSA Summary • News Source ALABAMA • On 12 March 2014, in Shrie Michelle Richmond & Kirsten Allysse Richmond v. Madison County Circuit Clerk, a judge denied a divorce for two women who married in IA in 2012, and their attorney said they will appeal. • MEUSA Summary • News Source WISCONSIN • On 11 March 2014, in Virginia Wolf & Carol Schumacher, et al., v. WI Governor Scott Walker, et al., a federal lawsuit for 4 couples challenging the 2006 WI ban on same-gender civil marriage or civil union, and WI's unique ban on marrying elsewhere, for which each spouse faces up to $10,000 in fines and 9 months in prison as soon as they return to WI, plaintiffs withdrew their request to suspend enforcement of the same-gender civil marriage ban while their lawsuit is pending, in exchange for (1) a quick ruling and (2) an agreement that two of the plaintiff couples will not be prosecuted for marrying in another state. • MEUSA Summary • News Source ARIZONA • On 13 March 2014, in Nelda Majors & Karen Bailey, et al. v. AZ Attorney General Tom Horne, et al., Lambda Legal filed a federal lawsuit for 7 couples, and the surviving spouses of 2 additional same-gender couples, challenging the AZ 1996 and 1999 laws and the AZ 2006 constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source FLORIDA • On 12 March 2014, in Sloan Grimsley & Joyce Albu, et al., v. FL Governor Rick Scott, et al., ACLU filed a federal lawsuit for 8 same-gender couples and SAVE, challenging the FL ban on recognizing marriage licenses from elsewhere. • MEUSA Summary • News Source TENNESSEE • On 14 March 2014, in Valeria Tanco, et al. v. TN Governor William Haslam, et al., a constitutional challenge to the TN law that bans recognition of same-gender civil marriage, a judge issued a preliminary injunction requiring TN to recognize the marriage licenses obtained by the (now) 3 plaintiff couples from other states, so long as their lawsuit remains in progress. The judge noted that “all signs indicate that, in the eyes of the United States Constitution ... that proscriptions against same-sex marriage will soon become a footnote in the annals of American history.” • MEUSA Summary • News Source WISCONSIN • On 14 March 2014, in Virginia Wolf & Carol Schumacher, et al., v. WI Governor Scott Walker, et al., a federal lawsuit for 4 couples challenging the 2006 WI ban on same-gender civil marriage or civil union, and WI’s unique ban on marrying elsewhere, for which each spouse faces up to $10,000 in fines and 9 months in prison as soon as they return to WI, WI Department of Justice asked that the case be put on hold until the WI Supreme Court decides whether the WI domestic partner registry violates the WI ban on same-gender civil marriage in Julaine Appling, et al., v. WI Governor Scott Walker, et al. • MEUSA Summary • News Source INDIANA • On 14 March 2014, in Midori Fujii, et al. v. IN Governor Michael Pence, ACLU of IN filed a federal suit for 13 plaintiffs (5 gay couples, 1 widow, and 2 children) challenging the IN ban on same-gender civil marriage in IN and elsewhere, funeral arrangements, and inheritance taxes. • MEUSA Summary • News Source INDIANA • On 14 March 2014, in Pamela Lee & Candace Batten-Lee, et al. v. IN Governor Michael Pence, et al., a federal suit was filed seeking marriage rights and benefits for public workers. • MEUSA Summary • News Source INDIANA • On 10 March 2014, in Rae Baskin & Esther Fuller, et al. v. Bogan, et al., Lambda Legal filed a federal suit for 3 couples challenging the IN same-gender civil marriage ban, and especially end-of-life health care. • MEUSA Summary • News Source INDIANA • On 14 March 2014, in Bowling, Bowling & Bruner v. IN Governor Michael Pence, 2 lesbian women filed a federal lawsuit to have their IA marriage recognized by IN, and an additional plaintiff sued because her IA marriage was never recognized by IN. • MEUSA Summary • News Source OHIO • On 26 February 2014, in Jim Obergefell & John Arthur v. OH Public Health Director Theodore Wymyslo, a federal marriage recognition lawsuit, the 6th Circuit U.S. Court of Appeals denied the plaintiffs’ motion for an expedited briefing schedule, and instead set a deadline of 30 May for all 3 briefs from both parties. • MEUSA Summary • News Source KENTUCKY • On 14 March 2014, in Timothy Love, et al. v. Kentucky Governor Steve Beshear (formerly Gregory Bourke & Michael De Leon, et al. v. Kentucky Governor Steve Beshear), a federal lawsuit challenging KY’s ban on recognizing same-gender couples married elsewhere, KY Governor Steve Beshear asked the court to delay the 20 March 2014 effective date when KY must start recognizing same-gender civil marriages from other states. • MEUSA Summary • News SourceLAWSUITS RESOLVED
STATE LEGISLATION PENDING
STATE LEGISLATION ENACTED
STATE BALLOT MEASURES
- Legalized Discrimination • On 14 March 2014, the OR attorney general titled ballot initiative IP-52, “Religious Belief Exceptions to the Anti-Discrimination Laws...” IP-52 is sponsored by two anti-LGBT organizations (Friends of Religious Freedom, Oregon Family Council). • MEUSA Summary • News Source
Send questions and comments to: [email protected].
Policy and Legal Update - 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 13-19, 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 13 – 19, 2014NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
PENNSYLVANIA • On 13 January 2014, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., a federal suit to force PA to recognize all out-of-state marriages equally, the plaintiffs asked the court for a summary judgment (without a full trial). • MEUSA Summary • News Source OKLAHOMA • On 14 January 2014, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., a federal suit challenging the OK constitution for denying same-gender civil marriage rights and for refusing to recognize same-gender marriages performed elsewhere, the district court ruled that the marriage ban is unconstitutional. That ruling is stayed pending appeal(s). Of all the same-gender civil marriage cases nationwide, this one is the oldest unresolved case. • MEUSA Summary • News Source KENTUCKY • On 14 January 2014, in Gregory Bourke v. KY Governor Steve Beshear, et al., a challenge to the 2004 constitutional amendment banning same-gender civil marriage, the plaintiffs filed their final brief, and the court is about to decide whether to issue a final ruling without a trial. • MEUSA Summary • News Source OHIO • On 16 January 2014, in Jim Obergefell & John Arthur v. OH Public Health Director Theodore Wymyslo, about OH recognition of legal marriages from other states when issuing death certificates, OH attorney general Mike DeWine appealed the district court ruling to the 6th Circuit U.S. Court of Appeals. • MEUSA Summary • News Source PENNSYLVANIA • On 13 January 2014, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., rearding recognition by PA of legal marriages performed elsewhere, the plaintiffs asked the court to skip the trial and issue a final ruling. • MEUSA Summary • News Source OKLAHOMA • On 16 January 2014, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., 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, Tulsa County Clerk Sally Howe Smith, represented by the notorious anti-LGBT group Alliance Defending Freedom, appealed to the U.S. 10th Circuit Court of Appeals. • MEUSA Summary • News Source UTAH • On 17 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 asked the 10th Circuit U.S. Court of Appeals for 10 extra days to write its arguments opposing same-gender civil marriage, and the plaintiffs opposed that request. • MEUSA Summary • News Source OKLAHOMA • On 17 January 2014, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., a challenge to 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, OK requested the 10th Circuit U.S. Court of Appeals to: (1) set a fast briefing schedule; (2) assign this appeal to the same judges hearing the UT appeal; and (3) allow amicus briefs to be filed jointly covering both cases. • MEUSA Summary • News Source OREGON • On 17 January 2014, in Rachel Cryer & Laurel Bowman vs. Sweet Cakes by Melissa Bakery, the OR Bureau of Labor and Industries decided that a bakery violated the civil rights of a same-gender couple by refusing to bake a cake for the women’s wedding. If the state is unsuccessful helping the parties reach a settlement, the Bureau may pursue court charges. The bakers insist that their religion compels them to unlawfully discriminate against same-gender couples. Equality opponents often cite this case when arguing that marriage equality laws eliminate religious freedom. • MEUSA Summary • News Source 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 state employees, will argue to ban same-gender civil marriage before the 10th Circuit U.S. Court of Appeals in March. Their fee for the U.S. Supreme Court appeal would be similar. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
VIRGINIA • On 9 January 2014, VA House Privileges and Elections Committee Chair Mark Cole (R) postponed all constitutional amendment hearings from 2014 to 2015. • MEUSA Summary • News Source UTAH • On 14 January 2014, the Salt Lake City Tribune surveyed 600 UT adults on same-gender civil marriage, and reported that 48% said yes, 48% said no, and 4% were unsure. • MEUSA Summary • News Source COLORADO • On 14 January 2014, CO Senate Bill 19 passed the Senate Finance Committee, which would allow same-gender couples who file federal tax returns as legally married to also file state tax returns using the same marital status. The bill now proceeds to a vote of the entire Senate. • MEUSA Summary • News Source IDAHO • On 14 January 2014, the ID House Revenue and Taxation Committee approved a rule denying legally married same-gender couples the right to file ID state tax returns jointly. If no lawmaker objects before the end of this legislative session, the tax rule becomes final. • MEUSA Summary • News Source ARIZONA • On 15 January 2014, AZ state Senator Steve Yarbrough (R) proposed SB-1062, a law that would legalize discrimination by any person, business, agency, or organization against anyone, whenever the perpetrator says the discrimination is related to religious beliefs. On 16 January 2014, the AZ Senate Government and Environment Committee approved it, 4 Republicans to 2 Democrats. The same law was passed by the legislature in 2012, but vetoed by Governor Jan Brewer, not for any reason related to the law, but in retaliation over a fiscal dispute with lawmakers. • MEUSA Summary • News Source UTAH • On 15 January 2014, the UT Tax Commission reversed an earlier UT decision, and confirmed that same-gender couples who got legally married in UT or elsewhere may file UT income tax returns jointly. • MEUSA Summary • News Source UTAH POLLS • On 17 January 2014, after surveying 746 UT residents, the Deseret News (owned and operated by the Mormon clergy) reported that 57% oppose it, 36% support it, and 6% are undecided; that 51% want to legalize religion-based discrimination by individuals and businesses, 40% don’t, and 9% are undecided; and that among active Mormons, 89% oppose same-gender civil marriage for anybody (people of all faiths, and people of no faith). • MEUSA Summary • News Source SOUTH CAROLINA • On 15 January 2014, SC House Minority Leader Todd Rutherford (D) filed a bill that would let same-gender couples who are legally married elsewhere file SC state income taxes jointly. • MEUSA Summary • News Source SOUTH CAROLINA • On 15 January 2014, SC House Minority Leader Todd Rutherford (D) filed a bill to repeal the 2006 constitutional amendment that banned same-gender civil marriage. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 14 January 2014, two IN city councils (Muncie, South Bend) joined three others (Indianapolis, Evansville, Bloomington) and voted to oppose any constitutional amendment that would ban same-gender civil marriage. • MEUSA Summary • News Source ARKANSAS • On 18 January 2014, Arkansas Initiative for Marriage Equality began petitioning to repeal the 2004 constitutional ban against same-gender civil marriage, via the 2016 ballot. Valid signatures are needed from at least 10% of all 2014 voters and 5% of the voters in 15 counties. • 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 - 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 - September 30-October 6, 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
September 30 - October 6, 2013NATIONAL MAP
NATIONAL POLLS
-
On 27 September 2013, Public Religion Research Institute surveyed 1,563 Hispanic Americans from a representative sample of U.S. adults regarding same-gender civil marriage, and reported that 55% favor it, 43% do not, with 2% unaccounted for. Also, regarding candidate preferences, likely Hispanic voters prefer Democrats 58%, Republicans 28%, and others 12%, with 2% unaccounted for. • Survey Details
-
On 4 October 2013, Quinnipiac University surveyed 1,776 American adults on same-gender civil marriage, and reported that among registered voters, 57% support it, 36% do not, and 6% do not know or give no answer. Among Roman Catholics (where no clergy support same-gender civil marriage at all), 60% of churchgoers support it, 31% don't, and 9% do not know or give no answer. • Survey Details
NATIONAL LEGISLATION
-
On 30 September 2013, U.S. Representative Adam Smith (D- Washington) and Senator Carl Levin (D-Michigan), the top Democrats on the House and Senate Armed Services Committees, told the U.S. Department of Defense to ensure that military spouse benefits are issued to all armed forces personnel in same-gender civil marriages, including states which have denied some benefits applications, such as IN, LA, MS, OK, SC, and TX. • MEUSA Summary • Survey Details
LAWSUITS
MASSACHUSETTS • On 2 October 2013, in Shannon McLaughlin, et al. v. Chuck Hagel, et al., a Federal district court ruled in favor of 8 same-gender couples and awarded them equal pay/benefits for active/veteran military personnel, retroactively to 2011. • MEUSA Summary • News Source PENNSYLVANIA • On 1 October 2013, in Pennsylvania Health Department v. Montgomery County Court Clerk Bruce Hanes, the county appealed to the PA Supreme Court a lower court ruling that halted the issuance of same-gender civil marriage licenses after 174 licenses were issued. • MEUSA Summary • News Source PENNSYLVANIA • On 26 September 2013, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., a couple filed a federal suit to force PA to recognize their 2005 MA marriage. The Equality Forum suit raises two new federal constitutional questions: whether states must respect laws from other states, and whether citizens can travel between states without losing rights. • MEUSA Summary • News Source WEST VIRGINIA • On 1 October 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., Fairness WV and Lambda Legal filed a federal lawsuit for three couples challenging the state law that bans marriage equality. • MEUSA Summary • News Source NEW JERSEY • On 30 September 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., Lambertville, NJ mayor David DelVecchio committed to performing NJ’s first same-gender civil marriage as soon as the ruling goes into effect on 21 October 2013. • MEUSA Summary • News Source NEW JERSEY • On 1 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., NJ Acting Attorney General John Hoffman appealed directly to the NJ Supreme Court (bypassing the NJ appeals court), and asked for expedited review. Hoffman also asked the Superior Court to delay implementation of its ruling until after the Supreme Court review, which Lambda Legal opposes. • MEUSA Summary • News Source VIRGINIA • On 30 September 2013, in Joanne Harris, et al. v. Virginia Governor Robert McDonnell et al., the ACLU, ACLU Virginia, and Lambda Legal filed a federal class action lawsuit for two couples seeking full marriage equality for all VA residents, including couples married elsewhere. On 30 September 2013, ACLU and Lambda Legal asked for a summary judgment. • MEUSA Summary • News Source KENTUCKY • On 1 October 2013, in Gregory Bourke & Michael Deleon v. Kentucky, KY Attorney General Clay Barkley asked a federal court to dismiss the case, claiming that the plaintiffs have no standing to bring this lawsuit. • MEUSA Summary • News Source TEXAS • On 9 September 2013, 16 TX state representatives told the TX Military Forces to: (1) stop denying equal pay and benefits to all same-gender married military couples at all TX National Guard facilities, (2) stop denying membership in family readiness groups, and (3) stop denying participation in marriage enrichment retreats. • MEUSA Summary • News Source TEXAS • On 13 September 2013, in Alicia Butler & Judith Chedville vs. Texas, Lambda Legal told the TX Military Forces that since 3 September 2013 it has been unlawful to deny equal federal pay and benefits to any same-gender married military couple, and the TX ban on same-gender civil marriage does not exempt TX from compliance. Chedville is an Army nurse and Iraq war veteran, and a 1st Lieutenant in the Army National Guard. • MEUSA Summary • News Source VIRGINIA • On 18 July 2013, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a gay couple filed a federal lawsuit challenging VA’s 2006 ban on same-gender marriage, joined by a lesbian couple seeking to have their 2008 CA marriage recognized in VA. On 30 September 2013, AFER (American Foundation for Equal Rights), the sole sponsor of the lawsuit which defeated CA Proposition 8, joined this lawsuit to win full federal marriage equality nationwide. • MEUSA Summary • News Source VIRGINIA • On 3 October 2013, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., VA Attorney General (and candidate for governor) Ken Cucinelli filed a brief in federal court arguing that same-gender civil marriage should be banned because: (1) some religious beliefs from the 1500s also ban it; (2) some dictionaries still describe marriage as only between mixed-gender couples; and (3) some mixed-gender couples procreate. • MEUSA Summary • News Source NEW JERSEY • On 4 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., plaintiffs told the court that NJ has failed to prove it risks any irreparable harm if it issues licenses, and has failed to prove that it is likely to win its appeal, and therefore asked the court to not delay the implementation of its ruling. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
NEW MEXICO • On 1 October 2013, Anzalone Liszt Grove Research surveyed 502 registered NM voters regarding same-gender civil marriage, and reported that 51% support it (35% strongly; 16% somewhat), 42% oppose it (34% strongly, 8% somewhat) and 7% do not know or refused to answer. Regarding a constitutional ban on same-gender civil marriage, 54% oppose it (42% strongly, 12% somewhat), 38% support it (32% strongly, 6% somewhat), and 8% do not know or refused to answer. • MEUSA Summary • News Source PENNSYLVANIA • On 3 October 2013, state Representative Brian Sims (D) introduced House Bill 1686, the Pennsylvania Marriage Equality Act, to legalize same-gender civil marriage. The bill is supported by 32 lawmakers (31 Democrats, 1 Republican). • MEUSA Summary • News Source NEW JERSEY • On 2 October 2013, Assemblyman Chris Brown (R) reversed his 2012 vote, and now supports marriage equality. To override the governor’s 2012 veto by mid-January 2014, only 10 more lawmakers are needed (3 Senators to reach 27 out of 40 and 7 Assemblymen to reach 54 out of 80). • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
NEVADA • On 2 October 2013, Retail Association of Nevada surveyed 500 likely NV voters regarding repeal of the constitutional ban on same-gender civil marriage, and reported that 57% favor repeal, and 36% do not, with 7% unaccounted for. • MEUSA Summary • News Source OREGON • On 4 October 2013, the Oregon Business Association, which represents over 300 businesses, endorsed the Freedom-to-Marry & Religious Protection Initiative, following the Portland Business Alliance. Volunteers have collected over 90,000 signatures toward placing the issue on the November 2014 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].