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

November 18 – 24, 2013

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NATIONAL MAP

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NATIONAL POLLS

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NATIONAL LEGISLATION

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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 Source

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STATE 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 Source

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STATE 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 Source

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Send questions and comments to:  [email protected].

After Prop 8 passed five years ago this month, Jeff and I were devastated. We just wanted the same freedom enjoyed by our friends and neighbors to marry whom we love, but we were denied that opportunity.

Thanks to the tireless and hard work of Marriage Equality USA and its many coalition partners to secure the freedom to marry in California – as in Illinois, Hawai’i, and the other states where MEUSA has worked so hard in pursuit of this important civil right – Jeff and I finally were able to realize our dream.

Just a few weeks ago, Jeff and I were incredibly fortunate to be able to marry at San Francisco City Hall, the site of so many marriage equality battles and triumphs over the past few years. We wed under the beautiful dome of the rotunda, witnessed by our friends and family, and officiated by MEUSA's John Lewis and Stuart Gaffney.

My husband – I love saying that word – and I have been so grateful to the efforts of Marriage Equality USA in helping make our civil marriage a legal reality that we wanted to give something back to the marriage equality advocacy movement.

In lieu of a traditional wedding registry for toasters, dishware, or linens we don't really need, we created an Equality Registry, a personalized website created by MEUSA where friends and family can quickly and easily make fully tax-deductible gifts to support the important work of this organization.

For a grassroots volunteer organization like MEUSA, even a few dollars go a long way toward efforts to secure marriage equality in the more than 30 states that still prohibit loving same-sex couples from marrying. Jeff and I have been amazed and humbled at the generosity of our friends and family, who to date have donated over $2,600 to MEUSA.

For those of you who now have the opportunity to legally wed, Jeff and I hope you’ll consider setting up an Equality Registry to benefit MEUSA and its critical work in your home state and across the country.

And Equality Registries aren’t just for weddings; some people use them to mark anniversaries, birthdays, or on the occasion of an adoption or a birth, for example.

It just takes a few minutes to set up your own Equality Registry, via an online form at the MEUSA website.

By MEUSA Social Media Director Thom Watson 

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

November 11 – 17, 2013

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NATIONAL 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

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NATIONAL POLLS

• 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

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NATIONAL LEGISLATION

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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 Source

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STATE 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 Source

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STATE 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 Source

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Send questions and comments to:  [email protected].

By Kinna Crocker With marriage equality now coming to Illinois and Hawaii, nearly 40% of the country lives in a marriage equality state. But just how federal and state governments will navigate the still-unsettled reality (and consequences) of marriage equality remains an open question. The Supreme Court’s decisions in U.S. v. Windsor and Hollingsworth v. Perry vastly expanded the rights of the LGBT community by mandating same gender married couples have access to the over 1,000 federal rights and benefits (Windsor) associated with marriage. In Windsor, the Court held that Section 3 of the federal Defense of Marriage Act (DOMA), defining marriage as between a man and a woman, violates basic due process and equal protection rights. As a result of the Court’s decision invalidating this definition, the federal government must treat same gender married couples the same as opposite gender married couples for purposes of access to federal benefits. In Perry, the Court held the sponsors of Proposition 8, California’s constitutional ban on same gender marriage, did not have standing to appeal favorable lower court rulings on behalf of the state of California, effectively allowing same gender marriages to resume in California. In August, the Supreme Court denied Proposition 8 sponsors a final petition for review. Although Windsor invalidated Section 3 of DOMA, it left Section 2 in place, which allows states to refuse to recognize same gender marriages performed in other states. Marriages are not judgments or orders, and are therefore not entitled to equality under constitutional principles of full faith and credit among the states. If a same gender couple legally marries in a “marriage equality state” and moves or travels to a “non-equality state” (a state that does not recognize same gender marriage), the marriage has no legal meaning and ceases to exist as a matter of law in the non-equality state. This lack of uniformity in marriage equality among the states creates many questions regarding the availability of federal benefits for same gender married couples. By statute, certain federal benefits are available only if the couple is validly married under the laws of the state in which they reside, the so-called “place of residence” rule. Other federal benefits are available if the couple is considered to be validly married where the marriage license was obtained, the so-called “place of celebration” rule. The “place of celebration” rule is more expansive because the couple can obtain benefits regardless of the laws of the state in which they live. Although President Obama acted swiftly in calling on federal agencies to adopt the “place of celebration” rule to provide uniformity in the treatment of benefits for same gender couples, some federal agencies have not yet declared official positions and some have implemented the “place of residence” rule. For example, the Social Security Administration indicated Social Security benefits are available to same gender married couples if they live in a state that recognizes their legal union (the “place of residence” rule). It is unclear whether Social Security benefits will be available to same gender couples who were married in a marriage equality state and now live in a non-equality state; those applications are currently being held and not processed. Until further notice from the Social Security Administration, some same gender couples are waiting anxiously to learn whether they are entitled to benefits. Alternatively, some federal agencies clearly provide certain benefits to same gender married couples regardless of where they reside, endorsing the “place of celebration” rule. The Department of Defense, for instance, announced its plan to extend spousal and family benefits to same gender spouses of uniformed service members. Because some service members live in or are stationed in non-equality states, the Department of Defense is allowing military personnel ten days of non-chargeable leave for the purpose of traveling to a jurisdiction where same gender marriage is available in order to marry. Although six states have withheld issuing spousal cards to same gender spouses of national guard troops, the others (whether equality states or not) have begun issuing them. The Treasury Department recognizes marriages of same gender couples, regardless of where the couple lives. This adoption of the “place of celebration” rule provides for uniform treatment of all same gender married couples with respect to the filing of federal tax returns. These same gender couples can use the status of "married" on their federal returns and all federal tax provisions where marriage is a factor, including employee benefits, IRA contributions, earned income, child tax credits, and gift and estate taxes, will apply to same gender married couples. The policy explicitly does not apply to couples who are registered as domestic partners or who are in civil unions. Although the “place of celebration” rule provides uniformity in federal filing status for same gender married couples, it highlights the conflict present in non-equality states. Couples living in non-equality states must use the single filing status for state tax returns and the married filing status for federal tax returns. Since the information on federal and state returns is interconnected, these couples expend more in accountant fees in order to file tax returns correctly. The Supreme Court decisions also greatly affect the practice of family law. For example, a bizarre phenomenon now occurs where same gender couples legally married in marriage equality states, but living in non-equality states, are unable to divorce in their state of residence. This unusual circumstance has been dubbed “wedlocked” and is clearly causing problems for many couples. For example, a same gender couple married in California cannot obtain a divorce in Alaska without some creative legal maneuvering. Some Alaska attorneys are requesting annulments of these marriages, since neither marriage nor divorce is available to same gender couples, despite the fact that the elements of annulment are not satisfied. An annulment is objectionable to many same gender couples because, in effect, they are agreeing and representing to the court they were never married. Further, any federal spousal benefits to which those spouses may have been entitled after divorce are lost. For some couples, the state of domicile can resolve property division issues through property laws (although the applicability of community property laws becomes an issue) and custody disputes through laws applicable to unmarried parents. However, these couples are forced to maintain their marital status for federal purposes. The lack of uniformity among the states causes confusion and the potential for married couples to be stuck in their legal relationships with no apparent recourse. In California, the Perry decision grants legal marriage rights to same gender couples in the state. Same gender couples who were married in another state or country do not have to remarry in California to avail themselves of California spousal benefits and protections. Proposition 8 is deemed to be unconstitutional so all marriages validly performed in any marriage equality state or country, are recognized as valid marriages in California. Although parentage presumptions will apply equally to same and opposite gender married couples in California, post-Perry, it remains advisable for a non-biological parent to adopt the children of the marriage or domestic partnership. If LGBT families intend to travel across state lines, or decide to move to a non-equality state, there is no guarantee that parentage would be recognized based solely on the couple’s marital status as defined by a marriage equality state. As compared to a marriage license, a formal adoption order is a stronger legal document to possess should parentage be challenged in a non-equality state or in a state that refuses to recognize any and all rights flowing from a same gender relationship. As the law changes and government agencies provide guidance with respect to rights and responsibilities of individuals in same gender marriages, domestic partnerships and civil unions, it is important for LGBT families to continue to educate themselves. The uncertainty over when we will achieve marriage equality in all 50-states only makes this more imperative. Edited and reprinted with permission from the Bar Journal of the Sonoma County Bar Association.

[caption id="attachment_368" align="alignleft" width="112"] Boyce Hinman[/caption] Authored by Boyce Hinman, founder and director of the California Communities United Institute, and member of Marriage Equality USA. Hinman has been writing and posting a series, "Monday Morning Marriage Memo," as part of his  Anatomy for Justice blog. This article was first published there, and is republished here with the author’s permission. Hinman resides in and serves California, therefore the posts sometimes have a California slant. NOTE: Marriage Equality USA is not a legal firm or a tax/accounting firm. No action should be taken based solely on the content of our news blog or website. For a long time, when a US citizen married a foreign national of the opposite sex (such as a citizen of England), the foreign national could emigrate to this nation on the basis of that marriage. However, until Section 3 of the Defense of Marriage Act was struck down by the US Supreme Court, the same was not true when a US citizen married a foreign national of the same sex. Now same sex married international couples have the same immigration rights as do heterosexual couples. A foreign national, married to a US citizen of the same sex, now has the right to emigrate to this country. Note: I am not an attorney or a qualified tax expert. No action should be taken based solely on the content of these memos. However, I hope the memos will help you ask the right questions of people who are qualified in these issues. There are two processes by which the foreign national can gain legal residency in this country. 1. If the foreign national is already in this country legally – In this case, the U.S. citizen may file an immigration petition (I-130) and the alien spouse may file an application to adjust his or her status to permanent resident (I-485) at the same time. The I-130 petition must be filed with the United States Citizenship and Immigration Service (USCIS). The USCIS is part of the US Department of Homeland Security. 2. If the foreign national is in another country – In this case, the U.S. citizen needs to file an immigration petition (I-130) and request that the USCIS notify a U.S. Consulate in the country where his or her spouse lives. Once the immigration petition is approved, the National Visa Center of the U.S. State Department sends a “Packet 3″ to the U.S. citizen. After the necessary forms are completed, the alien spouse goes to the U.S. Consulate abroad to apply for an immigrant visa. On the day that the alien spouse enters the United States on an immigrant visa, he or she becomes a U.S. permanent resident. People entering this process need to be patient. Recent reports indicate that it takes an average of 13 months for approval of an I-130 request where the foreign national is legally in the US. (Option 1. above) Option 2. Above will probably take longer. However, when the alien spouse is living abroad, that spouse can apply for a K-3 visa. This visa allows the alien spouse to live in this country while the alien’s application for permanent residency in this country is being processed. People with a K – 3 visa are also allowed to work in this country while awaiting approval of permanent residency.

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

November 4 – 10, 2013

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NATIONAL MAP

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NATIONAL POLLS

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NATIONAL LEGISLATION

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LAWSUITS

WEST VIRGINIA & TEXAS  •  On 1 November 2013, the WV Army National Guard confirmed that it is now processing ID cards at state facilities for same-gender couples.  •  MEUSA Summary  •  News Source FLORIDA & TEXAS  •  On 5 November 2013, the FL Army National Guard began issuing full benefits to same-gender couples by using only federal facilities to process benefit applications.  •  MEUSA Summary  • News Source CALIFORNIA  •  On 4 November 2013, in Michael Dragovich v. U.S. Treasury, U.S. IRS and CalPERS,the Ninth U.S. Circuit Court of Appeals vacated part of an earlier decision, and sent the case back to U.S. district court to reconsider recent legal changes affecting same-gender domestic couples who:  live out of CA, can’t marry because of impairment, can’t marry because one partner died, delay marriage, don’t marry, or who want remedies because they were denied marriage in the past.  •  MEUSA Summary  •  News Source HAWAII  •  On 7 November 2013, in McDermott v. Abercrombie, an Oahu, HI circuit judge refused to stop the HI legislature from passing a same-gender civil marriage bill, and told Republican state Representative Bob McDermott that he could return to court once the legislation is passed to pursue his case.  •  MEUSA Summary  •  News Source ARKANSAS  •  On 7 November 2013, in John Moix v. Libby Moix, the AR Supreme Court considered reversing a county judge’s restriction barring John Moix from letting his gay partner stay overnight when John’s son is visiting.  •  MEUSA Summary  •  News Source FLORIDA  •  On 7 November 2013, in D.M.T. v. T.M.H., the FL Supreme Court ruled that a woman who donated an egg to her lesbian partner now has parental rights regarding the 8-year old child, including custody and visitation.  •  MEUSA Summary  •  News Source IDAHO  •  On 7 November 2013, in Sue Latta, et al. v. ID Governor Butch Otter, four lesbian couples, represented by National Center for Lesbian Rights and Boise, ID attorneys Deborah Ferguson and Craig Durham, filed a federal lawsuit challenging the 2006 state constitutional amendment and multiple Idaho laws which ban same-gender civil marriage and civil union.  •  MEUSA Summary  •  News Source NEW MEXICO  •  On 8 November 2013, in Elane Photography v. Vanessa Willock, a photographer asked the U.S. Supreme Court: (1) to reverse prior decisions (NM Civil Rights Commission, NM district court, NM appeals court, NM Supreme Court) that fined her for violating the NM Human Rights Act and refusing to photograph a lesbian wedding, and (2) to approve commercial discrimination against same-gender couples as a religious practice.  Equality opponents cite this case more than any other case when arguing that marriage equality reduces religious freedom.  •  MEUSA Summary  •  News Source

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STATE LEGISLATION & POLLS

MONTANA  •  On 24 October 2013, Montana State University surveyed 410 adult residents regarding same-gender civil marriage, and reported that 46% support, 42% oppose, and 11% are undecided.  •  MEUSA Summary  •  News Source ILLINOIS  •  On 4 November 2013, 300 clergy members and faith leaders wrote to IL House members and urged passage of the same-gender civil marriage bill.  •  MEUSA Summary  •  News Source SOUTH CAROLINA  •  On 3 November 2013, Winthrop University surveyed 887 SC adults on same-gender civil marriage, and reported that 52% oppose it, 39% support it, 6% are unsure, and 3 refuse to answer.  •  MEUSA Summary  •  News Source ILLINOIS  •  On 5 November 2013, the IL House approved the equal marriage bill, the Senate concurred, the Governor said he will sign it on 20 November 2013, which would allow marriages to start on 1 June 2014.  •  MEUSA Summary  •  News Source HAWAII  •  On 5 November 2013, a HI state House committee finished hearing testimonty from over 5,184 citizens, and voted to advance the equal marriage bill for a full House vote.  On 8 November 2013, the HI House of Representatives passed the equal marriage bill, 30-to-19.  The Senate’s approval of changes made in the House is expected in a 21-to-4 vote on 12 November, followed by the governor’s promised signature, and the start of same-gender civil marriages on 2 December 2013.  •  MEUSA Summary  •  News Source

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STATE BALLOTS & POLLS

WISCONSIN  •  On 30 October 2013, Marquette Law School surveyed 400 WI voters, and reported that53% support same-gender civil marriage, 24% favor civil union, 19% oppose any legal recognition at all, and 4% are unaccounted for.  •  MEUSA Summary  •  News Source ARKANSAS  •  On 7 November 2013, the AR attorney general approved the Arkansas Initiative for Marriage Equaliy ballot measure to repeal the existing 2004 ban on same-gender civil marriage, and also to legalize such unions, via the 2016 ballot.  •  MEUSA Summary  •  News Source

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Send questions and comments to:  [email protected].

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

28 October – 3 November, 2013

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NATIONAL MAP

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NATIONAL POLLS

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NATIONAL LEGISLATION

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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 Source

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STATE 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 Source

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STATE 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 Source

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Send questions and comments to:  [email protected].

By MEUSA National Media Director Stuart Gaffney and MEUSA Director of Legal & Policy John Lewis This article originally appeared in SF Bay Times, October 31, 2013: http://www.sfbaytimes.com/?sec=article&article_id=18103 October brought marriage equality to state #14 – New Jersey. As attention now turns to the race between New Mexico, Hawaii and Illinois to see which state will become #15, we are also taking it to another level: Our momentum is going global. In November, we are traveling to Japan to give a series of public lectures and seminars on marriage equality and LGBT rights, and to meet with Japanese LGBT leaders. And while marriage is in the air in Japan – Kanako Otsuji, the first openly lesbian member of the Japanese legislature, held a personal wedding ceremony with her partner Maki Kimura; and Tokyo Disneyland hosted its first same-sex wedding ceremony this year – currently same-sex couples cannot marry legally in any Asian country. But just as we are seeing progress at home state by state, we are seeing signs of progress in countries across Asia, ranging from proposed legislation in Thailand for civil unions to a recent poll showing majority support for marriage equality in Taiwan. In the last week of October alone, historic rallies for marriage equality took place both in Vietnam and in Taiwan. In the words of Le Quang Binh, organizer of the Hanoi rally: “I believe in people and I think that when everybody speaks out, everyone has to listen whoever you are. So that’s why we do it this way. We mobilize public opinion, LGBT, students, young people so when people speak their opinion, politicians will have to listen. And I believe that politicians are also human beings. They need time to understand.” One of the messages we will bring to Japan is that we can be proud that Asian Americans have been very active in the marriage equality movement, and organizations like API Equality have played a prominent role here in California. When API organizations filed an amicus brief in the California Supreme Court case that established marriage equality in California prior to the passage of Prop 8, over 60 API civil rights and community organizations signed on. Among the very first was the Japanese American Citizens League (JACL), noting that one of the lessons from the internment of Japanese Americans during World War II must be to uphold the civil rights of all groups, including LGBT Americans. In the words of former U.S. Transportation Secretary and Congressman Norman Mineta, “a threat to anybody’s civil rights is a threat to the civil rights of all Americans.” We look forward to reporting back in the coming weeks on our trip to Japan, and the lessons learned as we continue to make progress across all borders and boundaries.

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

October 21 – 27, 2013

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NATIONAL MAP

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NATIONAL POLLS

• On 24 October 2013, Harris Interactive surveyed 2,577 adults (representatively chosen by age, sex, race, education, region, income) regarding public attitudes toward LGBT people, and regarding marriage equality 67% say it’s inevitable (34% strongly, 34% somewhat), 25% say it isn’t (11% somewhat, 14% strongly), and 8% declined to answer.  •  Survey Details

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NATIONAL LEGISLATION

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LAWSUITS

NEW JERSEY  •  On 21 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., Governor Christie withdrew his appeal of the Superior Court decision to start issuing same-gender civil marriage licenses, and in doing so he removed the last possible obstacle to marriage equality in NJ.  •  MEUSA Summary  •  News Source TENNESSEE  •  On 21 October 2013, in Valerica Tanco, et al. v. TN Governor William Haslam, et al.,four legally married same-gender couples filed suit in U.S. District Court in Nashville, in a constitutional challenge to the TN law that bans recognition of their marriages.  •  MEUSA Summary  •  News Source OHIO  •  On 22 October 2013, in Jim Obergefell & John Arthur v. Ohio, John Arthur passed away, after he and husband Jim Obergefell flew to Maryland, married, and then won a temporary order from a federal judge which forced OH to recognize their out-of-state marriage on Mr. Arthur’s death certificate.  •  MEUSA Summary  •  News Source WEST VIRGINIA  •  On 23 October 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., a challenge to the state law that bans marriage equality, the U.S. District court gave clerks from Kanawha and Cabell counties up to 60 extra days to respond to the suit, so that WV Attorney General Patrick Morrisey can decide whether to intervene.  •  MEUSA Summary  •  News Source WISCONSIN  •  On 23 September 2012, in Julaine Appling, et al., v. WI Governor Scott Walker, et al., 7 WI Supreme Court justices heard arguments, considered altering the existing domestic partner law, and adjourned without a decision, which is expected by summer 2014.  •  MEUSA Summary  •  News Source HAWAII  •  On 25 October 2013, 12 of the first 15 states with marriage equality (CA, CT, DC, DE, IA, MA, MD, ME, NH, NY, VT, WA) plus IL, NM, and OR filed a brief urging the U.S. Ninth Circuit Court of Appeals to strike down gay marriage bans in HI and NV.  •  MEUSA Summary  •  News Source NEVADA  •  On 25 October 2013, 12 of the first 15 states with marriage equality (CA, CT, DC, DE, IA, MA, MD, ME, NH, NY, VT, WA) plus IL, NM, and OR filed a brief urging the U.S. Ninth Circuit Court of Appeals to strike down gay marriage bans in HI and NV.  •  MEUSA Summary  •  News Source

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STATE LEGISLATION & POLLS

ILLINOIS  •  On 21 October 2013, Fako & Associates surveyed registered likely IL voters on marriage equality, and reported that 52% support it, including 66% of Roman Catholics, 55% of African Americans, and 63% of Latinos.  •  MEUSA Summary  •  News Source HAWAII  •  On 21 October 2013, the Honolulu Civil Beat newspaper surveyed 819 registered HI voters on same-gender civil marriage, and reported that 44% support it, 44% oppose it, and 12% are undecided.  • MEUSA Summary  •  News Source NEW JERSEY  •  Even after the NJ Supreme Court decided to authorize same-gender civil marriages, NJ lawmakers still might revise statutes regarding:  (1) conversion of civil unions into marriages; (2) facility rentals from religious organizations; and (3) recognizing out-of-state marriages in NJ.  •  MEUSA Summary  •  News Source OKLAHOMA  •  On 10 October 2013, the combined Cheyenne and Arapaho Tribes of western Oklahoma issued their first same-gender civil marriage license to Jason Pickel and Darren Black Bear.  In 2004, such marriages were banned by statute and by constitution in the rest of OK.  •  MEUSA Summary  •  News Source NEW JERSEY  •  On 21 October 2013, Rutgers-Eagleton surveyed 799 registered NJ voters regarding marriage equality, and reported that 61% support it, 27% oppose it, and 12% are unsure.  •  MEUSA Summary  •  News Source

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STATE BALLOTS & POLLS

IOWA  •  On 24 October 2013, the nonpartisan Brennan Center for Justice, National Institute on Money in Politics, and Justice at Stake reported that activists spent $833,000 ($466,000 anti-LGBT + $367,000 pro-LGBT) to persuade voters whether to retain an Iowa Supreme Court judge who in 2009 ruled in favor of same-gender civil marriage.  On 6 November 2012, voters retained Justice Wiggins by a 55%-to-45% margin.  •  MEUSA Summary  •  News Source OREGON  •  On 6 November 2013, San Francico non-profit leader Mike Marshall takes over leadership of Oregon United for Marriage.  •  MEUSA Summary  •  News Source

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Send questions and comments to:  [email protected].

[caption id="attachment_368" align="alignleft" width="112"] Boyce Hinman[/caption] Authored by Boyce Hinman, founder and director of the California Communities United Institute, and member of Marriage Equality USA. Hinman has been writing and posting a series, "Monday Morning Marriage Memo," as part of his  Anatomy for Justice blog. This article was first published there, and is republished here with the author’s permission. Hinman resides in and serves California, therefore the posts sometimes have a California slant. NOTE: Marriage Equality USA is not a legal firm or a tax/accounting firm. No action should be taken based solely on the content of our news blog or website. Recently someone said she had heard that widows and widowers could only get Social Security survivor benefits if they have been married at least 10 years at the time of the death of their spouse. Same sex couples have only recently been allowed to marry. So, if there is a 10 year threshold, same sex couples would need to wait a long time before qualifying for Social Security survivor benefits. Note: I am not an attorney or a qualified tax expert. No action should be taken based solely on the content of these memos. However, I hope the memos will help you ask the right questions of people who are qualified in these issues. In fact, a couple must have been married for a minimum of only 9 months before the death of one of them for the widow or widower to qualify for Social Security survivor benefits based on the Social Security account of the deceased spouse. According to a representative of the Social Security Administration, that threshold period can be reduced. For example, if the spouse died in a tragic accident the 9 month rule might be reduced. People can also get certain Social Security spousal benefits when both of them are alive. To qualify for these benefits, the couple must have been married for a year prior to applying for the benefits. In the case of divorce, the former spouse of the deceased might also qualify for Social Security survivor benefits. However, in order for the divorced former spouse to qualify, the marriage must have lasted at least 10 years. As regards widows and widowers who were married to the deceased at the time of death, how much the survivor receives depends on several factors. The more earnings the deceased had prior to death, the higher the monthly payment the survivor may qualify for. The longer the deceased has been working, and paying Social Security taxes, the higher the amount the survivor will receive. However this factor does not increase the benefit beyond 10 years of working history of the deceased. The deceased’s having worked 11 years does not increase the benefit any more than 10 years of work does. Survivors get the full monthly payment if the worker worked and paid Social Security taxes for at least 10 years. However, if the deceased died young and had not yet worked 10 years, the widow or widower might still qualify for some portion of the full monthly payment. The age of the survivor, when he or she starts drawing the Social Security benefit, affects how large the monthly payments are. If he or she waits until full retirement age the survivor will get the full benefit. Full retirement age varies from age 66 to 67, depending on the date of birth of the survivor. However, in return for accepting reduced monthly payments, the survivor can start monthly payments as young as age 60. Also, if the survivor is caring for a child of the deceased, who is under age 16, the surviving spouse can start monthly payments at any age. In this case, the surviving spouse would get the full monthly payment. The amount would not be reduced because of the young age of the surviving spouse. You may read a brochure from the Social Security Administration, with more details on this issue, by directing your browser to the following  address: http://www.ssa.gov/pubs/EN-05-10084.pdf Note: This article was corrected from an earlier version that misstated the amount of time a couple must be married before being eligible for social security  spousal benefits.