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 - 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 20-26, 2014
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
January 20 – 26, 2014NATIONAL MAP
NATIONAL POLLS
- On 8 December 2013, Anzalone Liszt Grove Research surveyed 800 registered voters in states where same-gender couples could not marry about whether they should be able to marry, and reported that51% said yes, 41% said no, with 8% unaccounted for. Among non-equality states, support is strongest in central states (59% to 36%), then western states (53% to 34%), then southern states (46% to 46%). Among non-equality states nationwide, 56% of voters expect same-gender civil marriage to be legal within 2 years, and 78% expect minimal or a positive impact. • News Source
NATIONAL LEGISLATION
LAWSUITS
UTAH • On 16 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal lawsuit challenging UT’s constitutional amendment banning same-gender civil marriage, UT decided to pay $300,000 to the 3 attorneys who, with help from 2 UT attorney general staff attorneys, will argue to ban same-gender civil marriage before the 10th Circuit U.S. Court of Appeals. Their fee for the U.S. Supreme Court appeal would be similar. • MEUSA Summary • News Source FLORIDA • On 21 January 2014, in Catherina Pareto, et al., v. Miami-Dade County Court Clerk Harvey Ruvin, 6 same-gender couples, represented by National Center for Lesbian Rights (NCLR) and Equality Florida Institute, sued FL for marriage rights. • MEUSA Summary • News Source UTAH • On 21 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal challenge to UT’s constitutional amendment banning same-gender civil marriage, the Appeals Court allowed UT 7 extra days to prepare, so the opening brief is due 3 February, the response brief 25 February, and any reply brief 4 March, with oral arguments in March or April. • MEUSA Summary • News Source UTAH • On 21 January 2014, in Jonell Evans, et al. v. State of Utah, ACLU sued UT in state court (a) for ignoring the marriages of 2,600 people who were legally married as same-gender couples in UT, and (b) for harming their childen. • MEUSA Summary • News Source IDAHO • On 22 January 2014, in Sue Latta, et al. v. ID Governor C. L. Butch Otter, a federal lawsuit challenging the 2006 state constitutional amendment, and Idaho laws, banning same-gender civil marriage and civil union, the judge allowed the ID attorney general to intervene. • MEUSA Summary • News Source NEVADA • On 22 January 2014, in Beverly Sevcik, et al., v. Governor Brian Sandoval, et al., a lawsuit seeking full marriage equality, NV’s brief argued that same-gender civil marriage should be banned because mixed-gender marriage should be promoted. • MEUSA Summary • News Source OREGON #2 & #4 • On 23 January 2014, the federal court combined the cases of Deanna Geiger et al. v. OR Governor John Kitzhaber et al., two women challenging OR’s constitutional ban on same-gender civil marriage, and OR’s refusal to recognize legal marriages from other jurisdictions with the case of Paul Rummell, et al. v. OR Governor John Kitzhaber, et al., two Portland couples challenging OR’s ban on same-gender civil marriage. • MEUSA Summary • News Source MICHIGAN • On 3 January 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., a federal case challenging the constitutionality of the MI’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, lawyers from ACLU and G&LA&D joined the plaintiff legal team. • MEUSA Summary • News Source VIRGINIA • On 21 January 2014, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a federal case challenging VA’s 2006 ban on same-gender marriage, the plaintiffs’ attorneys asked the court to follow the 9th Circuit U.S. Court of Appeals recent ruling, and apply heightened scrutiny (the assumption that a law is probably discriminatory) when evaluating VA’s marriage ban. • MEUSA Summary • News Source OKLAHOMA • On 24 January 2014, 2 of the 4 plaintiffs appealed the district court’s ruling that they don’t have standing to challenge: (1) OK’s refusal to recognize their CA marriage, (2) part B of the Oklahoma constitutional amendment, and (3) Defense of Marriage Act, Section 2. • MEUSA Summary • News Source VIRGINIA • On 23 January 2014, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a federal lawsuit challenging VA’s 2006 ban on same-gender marriage in VA or elsewhere, VA’s new attorney general, Mark Herring, said that VA’s ban on same-gender civil marriage violates the U.S. Constitution’s 14th Amendment (equal protection, due process), and that instead of defending the ban, he will join plaintiffs in two lawsuits arguing that it be struck down. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
VIRGINIA • On 20 January 2014, VA lawmakers voted to table Bill 939, which would have repealed the statutory bans -- without legalizing -- same-gender civil marriage, civil union, and domestic partnership. The bills which would have repealed the constitutional ban are not being heard during this legislative session at all. The earliest that voters could vote to repeal the constitutional ban is in 2016, which may be unnecessary if either federal lawsuit prevails before then. • MEUSA Summary • News Source NEW HAMPSHIRE • On 15 January 2014, Public Policy Polling surveyed 1,354 NH voters on same-gender civil marriage, and reported that 60% support it, 29% oppose it, and 11% are unsure. Regarding the impact of equal marriage since 2010, 66% reported no impact, 20% positive impact, and 14% negative impact. • MEUSA Summary • News Source OKLAHOMA • On 20 January 2014, state Representative Mike Turner introduced House Joint Resolution 1076, to put same-gender civil marriage, civil union, and domestic partnerhsip on a statewide ballot so that all three can be re-banned via the state constitution in 2014, just the way they were in 2004. • MEUSA Summary • News Source OKLAHOMA • On 20 January 2014, state Representative Mike Turner introduced the Preservation of Marriage Act (H. 2466) to outlaw same-gender civil marriage. • MEUSA Summary • News Source ILLINOIS • On 21 January 2014, IL state Senator Kyle McCarter (R) proposed SB-2637, a law to repeal the equal marriage law enacted in November 2012. • MEUSA Summary • News Source COLORADO • On 21 January 2014, the CO state Senate preliminarily approved a bill letting same-gender couples married elsewhere file their CO state tax returns jointly. • MEUSA Summary • News Source SOUTH DAKOTA • On 21 January 2014, 28 lawmakers introduced SB-66 (which would exempt clergy, non-clergy, and organizations from performing same-gender civil marriages), and 26 lawmakers introduced SB-67 (which would legalize discrimination against commercial customers on the basis of religious beliefs). • MEUSA Summary • News Source OKLAHOMA • On 25 January 2014, OK state Representative Mike Turner proposed banning all marriage statewide as a way to prevent any same-gender civil marriages being mandated via the courts in the lawsuit over the 2004 voter-approved ban. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 21 January 2014, IN House Speaker Brian Bosma moved the proposed equal marriage ban constitutional amendment bill from the House Judiciary Committee, where 3 members were reluctant to pass it, to the Elections and Apportionment Committee, where it passed, 9-to-3 (two of the bill’s authors are members). A full House vote is next, then a Senate vote. • MEUSA Summary • News Source FLORIDA POLLS • On 22 January 2014, Public Policy Polling surveyed 591 FL voters on same-gender civil marriage, and reported that 47% approve, 44% disapprove, with 9% unsure. • MEUSA Summary • News Source OREGON • On 23 January 2014, Oregon United for Marriage launched a student campaign at 8 schools, targeted toward adults aged 18-29. • MEUSA Summary • News Source OREGON • On 22 January 2014, religious support for same-gender civil marriage reached 57 congregations and faith organizations, with the addition of the Oregon Board of Rabbis, Oregon Area Jewish Committee, and Jewish Federation of Greater Portland. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - January 6-12, 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 6 – 12, 2014NATIONAL MAP
- On 7 January 2014, the David Pakman TV-radio show reported on national marriage equality progress provided by MEUSA’s Ned Flaherty. • News Source
NATIONAL POLLS
NATIONAL LEGISLATION
- On 9 January 2014, U.S. Representative Randy Weber (R-TX) introduced the State Marriage Defense Act of 2014 (H.R. #3829), which would: (1) force the federal government to ignore the legal civil marriages of same-gender couples who reside in any state that ignores such marriages; and (2) always dissolve or restore the legal civil marriage of every same-gender couple whenever one or both spouses cross a state border, and the state of entry treats same-gender couples differently than the state of exit. Lawmakers favoring it include 28 Representatives (all Republicans, 11 from TX). Based on history, the chance of enactment is 2%. • MEUSA Summary • News Source
LAWSUITS
MICHIGAN • On 3 January 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., a case challenging the constitutionality of the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the judge granted the plaintiffs’ request to split the trial into 2 parts. • MEUSA Summary • News Source UTAH • On 6 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a case challenging Utah’s constitutional amendment banning same-gender civil marriage, the U.S. Supreme Court stayed the district court ruling until the Tenth U.S. Circuit Court of Appeals is finished with the case. • MEUSA Summary • News Source ARIZONA • On 6 January 2014, in Joseph Connolly, et. al., v. AZ Governor Jan Brewer, et al., four couples filed a class action lawsuit in federal court challenging the AZ’s 1996 statutory marriage ban and its 2004 constitutional marriage ban. • MEUSA Summary • News Source COLORADO • On 6 January 2014, in Charlie Craig & David Mullins v. Masterpiece Cakeshop et al.,the baker’s attorneys, Alliance Defending Freedom, filed an appeal of the court order to stop discriminating against same-gender couples. Equality opponents often cite this famous case when they argue that marriage equality ends religious freedom and free speech. • MEUSA Summary • News Source TEXAS • On 7 January 2014, in Cleopatra De Leon, et al., v. TX Governor Rick Perry et al., a federal class action challenge to the 2005 TX constitutional ban on marriage inside and outside TX, the judge denied permission for anti-LGBT group Texas Values to file a friend-of-the-court brief (which cited work by discredited University of Texas assistant professor Dr. Mark Regnerus) because the brief cited no legal authority, and did nothing to resolve the legal issues. Texas Values wrote that same-gender couples are inferior to mixed-gender couples, and that the American Psychological Association wrongly concluded that LGBT parents raise well-adjusted children. • MEUSA Summary • News Source UTAH • On 8 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a challenge to UT’s constitutional amendment banning same-gender civil marriage, National Center for Lesbian Rights (NCLR) joined as co-counsel for the plaintiffs. • MEUSA Summary • News Source UTAH • On 8 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a challenge to UT’s constitutional amendment banning same-gender civil marriage, the UT Attorney General said that for the 2,720 people who married a same-gender spouse from 20 December through 6 January, those marriages are doubtful, and their validity will be determined after appeals to the Tenth Circuit U.S. Court of Appeals in 2014 and possibly the U.S. Supreme Court in 2015. In the meantime, recognition and benefits for those 2,720 citizens will be decided by a special review team, on a case-by-case basis. • MEUSA Summary • News Source UTAH • On 9 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a challenge to UT’s constitutional amendment banning same-gender civil marriage, the UT Attorney General confirmed that a marriage certificate can be completed for each marriage that was performed prior to the decision to issue a stay. • MEUSA Summary • News Source IDAHO • On 9 January 2014, in Sue Latta, et al. v. ID Governor C. L. Butch Otter, a federal lawsuit challenging the 2006 state constitutional amendment, and Idaho laws, banning same-gender civil marriage and civil union, the ID attorney general filed motions seeking (1) to dismiss the case on the premise that marriage is not a fundamental right, and (2) to intervene in the case. • MEUSA Summary • News Source UTAH • On 9 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., Human Rights Campaign asked the U.S. government to recognize all same-gender couples who were legally married in UT between 20 December 2013 and 6 January 2014. • MEUSA Summary • News Source MISSOURI • On 8 January 2014, in MO Baptist Convention, et al. v. MO Governor Jay Nixon, et al.,anti-LGBT groups sued MO for accepting jointly filed tax returns from same-gender couples who were legally married in other states. • MEUSA Summary • News Source TEXAS • On 9 January 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 2005 TX constitutional ban on marriage inside and outside TX, the judge rejected an effort by the TX attorney general to consolidate two other suits (Shannon Zahrn, et al. v. TX Governor Rick Perry, et al., and Christopher McNosky, et al. v. TX Governor Rick Perry, et al.) into this one. On 12 February 2014, the court will hear a motion for a preliminary injunction to stop the state from enforcing the ban during the litigation. • MEUSA Summary • News Source TEXAS • On 31 October 2013, in Shannon Zahrn, et al. v. TX Governor Rick Perry, et al., two same-gender couples filed a class action suit seeking equal marriage rights for all TX couples, and challenging the TX statutory and constitutional bans on same-gender civil marriage. On 9 January 2014, the judge forCleopatra De Leon, et al., v. TX Governor Rick Perry et al. rejected an effort by the TX attorney general to consolidate this case and Christopher McNosky, et al. v. TX Governor Rick Perry, et al. into the De Leon case. • MEUSA Summary • News Source TEXAS • On 29 July 2013, in Christopher McNosky, et al. v. TX Governor Rick Perry, et al., a same-gender couple representing themselves sued for equal marriage rights, challenging the TX statutory and constitutional bans on same-gender civil marriage. On 9 January 2014, the judge for Cleopatra De Leon, et al., v. TX Governor Rick Perry et al. rejected an effort by the TX attorney general to consolidate this case and Shannon Zahrn, et al. v. TX Governor Rick Perry, et al. into the De Leon case. • MEUSA Summary • News Source UTAH • On 10 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal lawsuit challenging UT’s constitutional amendment banning same-gender civil marriage, the U.S. government confirmed that it recognizes all same-gender civil marriages performed in UT from 20 December 2013 through 6 January 2014. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
COLORADO • On 10 January 2014, state Senator Pat Steadman proposed a law allowing same-gender couples who file federal tax returns as legally married to also file state tax returns using the same marital status. • MEUSA Summary • News Source VIRGINIA #3 • On 8 January 2014, 9 state lawmakers (6 delegates, 3 senators) sponsored resolutions to repeal VA's 2006 constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source UTAH POLLS • On 3 January 2014, Google Consumer Surveys polled 500 adult Internet users in Utah (selected to match the U.S. Census Bureau’s monthly Current Population Survey based on gender, age, urbanicity, and income) regarding views on same-gender civil marriage, and reported that 42% approve, 31% want no recognition at all, 24% approve only of civil unions, and 3% have other opinions. • MEUSA Summary • News Source PENNSYLVANIA • On 9 January 2014, spouse benefits for employees of Lehigh County, PA were canceled by new county executive Tom Muller because such benefits must be first approved by county commissioners, which he will ask them to do later this year. • MEUSA Summary • News Source MISSOURI • On 9 January 2014, MO Governor Jay Nixon (D) said that legally married couples (including same-gender couples legally married elsewhere) who file federal tax returns jointly now must also file MO tax returns jointly. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 9 January 2014, four Republican Representatives re-proposed HRJ-6 renamed as HJR-3, which would ban same-gender civil marriage, other unions, and related benefits via the state constitution. If approved by the House Judiciary Committee, and then by the House and by the Senate, it would appear on the November 2014 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 9-15, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
December 9 – 15, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
- On 12 December 2013, U.S. Senator Mike Lee introduced the Marriage and Religious Freedom Act(House #3133, Senate #1808), which would legalize discrimination against LGBT individuals, couples, and their children by governments, businesses, hospitals, and individuals. Lawmakers favoring it include 12 Senators (11 Republicans, 1 Democrat). Based on history, the chance of enactment is 1%. • MEUSA Summary • News Source
LAWSUITS
GEORGIA & TEXAS • On 9 December 2013, GA Army National Guard began to process spouse benefit applications for military personnel with same-gender spouses, leaving MS as the only state still unlawfully denying benefits. • MEUSA Summary • News Source PENNSYLVANIA • On 9 December 2013, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., a couple suing to get PA to recognize their 2005 MA marriage, PA Attorney General Kathleen Kane sought to be dismissed as a defendant because her office was not involved in violating the plaintiffs’ rights. • MEUSA Summary • News Source TEXAS • On 11 December 2013, in Cleopatra De Leon, et al., v. TX Governor Rick Perry et al.,a federal class action lawsuit for all TX couples challenging the 2005 TX constitutional ban on marriage inside and outside TX, the judge agreed to hear the case starting 12 February 2014. • MEUSA Summary • News Source ARKANSAS • On 12 December 2013, in Kendall Wright et al. v. AR Governor Michael Beebe, et al.,11 same-gender couples challenging the 2004 AR constitutional ban on same-gender civil marriage, the state law banning same-gender civil marriage, and the federal law allowing states to ignore same-gender marriages from other states, and also seeking parental rights, birth certificate names, insurance, and other benefits, asked that oher couples be allowed to marry during the suit, and defendants for Faulkner County and AR asked that the suit be dismissed, after which the judge gave no indication of when or how he might rule. • MEUSA Summary • News Source TEXAS & MISSISSIPPI • On 13 December 2013, Defense Secretary Chuck Hagel confirmed that MS had stopped discriminating, and that all 50 states deliver all benefits to same-gender spouses of Army National Guard personnel (active duty, dependents, retired). IN and WV accept applications from and issue cards to everyone, but GA, LA, MS, and TX use only federal workers to enroll applicants and issue ID cards, and FL, OK, and SC moved the equipment to federal property, forcing all couples to travel longer distances. • MEUSA Summary • News Source NEW MEXICO • By 13 December 2013, 60% of NM residents were living in 8 of the 33 counties (Bernalillo, Doña Ana, Grant, Los Alamos, Santa Fe, San Miguel, Taos, Valencia) that were issuing marriage licenses, and over 1,700 same-gender couples had married. Out of 7 NM lawsuits in 2013, 0 were defeats for marriage equality, 3 were victories for equality, and 4 remain pending, 1 of which is about to be decided by the NM Supreme Court. • MEUSA Summary • News Source MICHIGAN • On 13 December 2013, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., in a challenge to the constitutionality of the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the defendants asked that the trial not be split into 2 parts: (1) constitutionality of marriage/adoption laws; and (2) deciding what scrutiny level is required when judging laws that discriminate based on sexual orientation, and asked the court to ignore which level of judicial scrutiny applies to laws that discriminate against same-gender couples. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
NEW JERSEY • On 9 December 2013, the NJ Senate Judiciary Committee began considering S-3109, Marriage Equality Act, a new version which reduces some of the freedom of the current law, which was imposed after a NJ Supreme Court ruling on 21 October 2013, and which is the strongest in the nation. • MEUSA Summary • News Source FLORIDA • On 12 December 2013, the Pensacola City Council approved several important domestic partner rights, joining at least 14 FL cities and counties representing 50% of FL residents. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 9 December 2013, Evansville City Council voted to oppose the proposed state constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source PENNSYLVANIA • On 11 December 2013, the Why Marriage Matters Pennsylvania campaign was launched by Freedom to Marry and ACLU of Pennsylvania. • MEUSA Summary • News Source COLORADO • On 9 December 2013, Public Policy Polling surveyed 928 CO voters (including 355 usual Republican primary voters) about same-gender civil marriage, and reported that 53% favor it, 39% oppose it, with 8% unaccounted for. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - November 11-17, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
November 11 – 17, 2013NATIONAL MAP
- On 12 November 2013, MEUSA’s National Marriage Map was updated to show: (1) Over 37% of Americans live in 17 states that have adopted full, state-level equality (CA, CT, DC, DE, HI, IA, IL, MA, MD, ME, MN, NH, NJ, NY, RI, VT, WA); (2) another 12% live in cities, counties, or states with partial equality (mainly CO, NM, NV, OR, WI), but 51% live in 39 jurisdictions that still ban all types of unions except one-man-one-woman couples. • Map
NATIONAL POLLS
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On 13 November 2013, Public Policy Polling reported that in most states which adopt same-gender civil marriage, most voters later report that it has little or no effect on their lives, and also reported that after legalization, opposition declines. • Survey Details
NATIONAL LEGISLATION
LAWSUITS
HAWAII • On 14 November 2013, in McDermott v. Abercrombie, the court: (1) ruled that the HI same-gender civil marriage law is legal (thereby rejecting the new claim of some voters who now say that they misunderstood the constitutional amendment passed by voters 15 years ago), and (2) dismissed the complaint. • MEUSA Summary • News Source ILLINOIS • On 14 November 2013, in Darby v. Orr, a county judge postponed action in the case of 25 same-gender couples seeking marriage until 2 June 2014 (one day after same-gender civil marriages are slated to begin), at which point the case is expected to be dismissed. • MEUSA Summary • News Source SOUTH CAROLINA • On 14 November 2013, in Katherine Bradacs & Tracie Goodwin v. SC Governor Nimrata Haley, et al., Judge Joe Anderson of Columbia, SC recused himself from this same-gender civil marriage case because as an executive board member of a Boy Scouts of America council, he (1) voted to ban LGBT Scout leaders, and (2) voted to fire a Scoutmaster who (a) brought her partner to a BSA event, and (b) is one of the plaintiffs in the case. • MEUSA Summary • News Source PENNSYLVANIA • On 15 November 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett et al., a lawsuit in which 23 people challenged the 1996 PA law that bans same-gender marriage for residents and that ignores out-of-state same-gender marriages, a federal judge rejected two separate efforts to dismiss the suit, and scheduled a conference for 22 November to discuss starting the trial. • MEUSA Summary • News Source MICHIGAN • On 15 November 2013, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., (a same-gender civil marriage case), the state identified sociology Associate Professor Mark Regnerus and three other “expert” witnesses, whose testimony has been: (1) that children of same-gender parents are less successful than children of mixed-gender parents, (2) that lesbian parents produce violent boys, (3) that children raised by same-gender couples are 35% less likely to progress normally in school, and that (4) there is no scientific evidence showing that children of same-gender parents do as well as children of mixed-gender parents. • MEUSA Summary • News Source FLORIDA • On 7 November 2013, in John Becker v. University of Central Florida, a state judge ruled that FL must disclose records showing who approved Associate Professor Mark Regnerus’ anti-LGBT parenting study, how it got published immediately, and why no qualified peers reviewed it. The Regnerus study is cited more often than any other by anti-LGBT groups worldwide, and Regnerus is scheduled to testify in February that children of same-gender parents are less successful than children of mixed-gender parents in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
HAWAII • On 12 November, the Senate gave final approval to the same-gender civil marriage bill. On 13 November, the governor enacted it, ensuring the start of same-gender civil marriages on 2 December 2013. • MEUSA Summary • News Source MAINE • On 13 November 2013, Public Policy Polling surveyed 964 ME voters on the same-gender civil marriage law passed in 2012, and reported that 72% felt no impact, 15% felt positive impact, and 13% felt negative impact. Separately, same-gender civil marriage is now supported by 54%, and opposed by 37%, with 9% unaccounted for. Even among the 37% who oppose it, 70% of those admit that it has had no negative impact. • MEUSA Summary • News Source MISSOURI • On 14 November 2013, Governor Jay Nixon announced that he supports same-gender civil marriage for MO, and that same-gender couples who pay MO income taxes may file combined returns if they wish. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
OHIO • On 12 November 2013, Freedom to Marry Ohio said it had gathered the minimum 385,245 signatures needed to put equal marriage on the November 2014 ballot, but would continue trying to collect a total of 1 million signatures from OH’s 12 million residents. • MEUSA Summary • News Source INDIANA • On 14 November 2013, WISH-TV surveyed IN residents regarding a constitutional ban on same-gender civil marriage, and reported that 58% oppose it, and 38% support it. Separately, regarding marriage equality itself, 48% support it, 46% oppose it, and 6% have no opinion. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - October 14-20, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
October 14 – 20, 2013NATIONAL MAP
- On 18 October 2013, the NJ Supreme Court decided to start same-gender civil marriages on 21 October 2013, so MEUSA updated its National Marriage Map to reflect that 33% of Americans live in 15 states with full, state-level equality (CA, CT, DC, DE, IA, MA, MD, ME, MN, NH, NJ, NY, RI, VT, WA), and 17% live in cities, counties, or states with partial equality (mainly CO, HI, IL, NM, NV, OR, WI), but 50% live in 29 states that still ban all types of unions except one-man-one-woman couples. • Map
NATIONAL POLLS
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On 11 October 2013, Pew Research Center surveyed earlier polls, and reported that from 2001 to 2013, support for same-gender civil marriage grew from 35% to 50%, and opposition declined from 57% to 43%. Opposition is strongest among evangelical Protestants, Republicans, and political conservatives, but even in those groups is rising, as older voters die off and younger people reach voting age. • Survey Details
NATIONAL LEGISLATION
LAWSUITS
CALIFORNIA • In 2008, the authors of CA Proposition 8 (NOM, Protect Marriage.com) filed a federal lawsuit claiming that because they suffered boycotts, hate mail, phone calls, and unreported “death threats” they should be forever exempt from compliance with CA campaign disclosure laws, and their donors should stay secret. The U.S. Supreme Court does make exceptions for small, persecuted groups who need anonymity to survive, but the Proposition 8 authors don’t qualify because they raised over $43 million and got 52% of the votes cast. On 20 October 2011, the district court ruled against them. On 11 October 2013, they argued their case in the Ninth U.S. Circuit Court of Appeals. • MEUSA Summary • News Source VIRGINIA • On 3 Ocober 2013, in National Organization for Marriage v. U.S. Internal Revenue Service, NOM filed a federal lawsuit claiming that IRS unlawfully released its confidential tax data. • MEUSA Summary • News Source NORTH CAROLINA • On 15 October 2013, in preparation for a lawsuit, Buncombe County, NC Register of Deeds Drew Reisinger began accepting marriage license applications from same-gender couples, and he asked NC Attorney General Roy Cooper to decide whether the NC statutory and constitutional bans on same-gender civil marriage violate the U.S. Constitution’s equal protection clause. • MEUSA Summary • News Source ALASKA • On 14 October 2013, in Debra Harris v. Millennium Hotel, et al., Lambda Legal appealed to the AK Supreme Court to obtain survivor benefits for same-gender couples, for whom marriage is banned by AK’s law and its constitution. • MEUSA Summary • News Source OREGON • On 15 October 2013, in Deanna Geiger et al. v. OR Governor John Kitzhaber et al., two couples filed a federal lawsuit challenging OR’s constitutional ban on same-gender civil marriage, and OR’s refusal to recognize legal marriages from other jurisdictions. • MEUSA Summary • News Source MICHIGAN • On 16 October 2013, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., U.S. District Court Judge Bernard Friedman denied both sides’ petitions for summary judgment, saying that he will expedite completion of the case, witness lists will be exchanged in October 2013, and expert testimony will be heard during a trial starting on 25 February 2014. • MEUSA Summary • News Source ARKANSAS • On 12 December 2013, in Kendall Wright et al. v. AR Governor Michael Beebe et al.,11 same-gender couples who are seeking to overturn the AR constitutional ban on same-gender civil marriage, the state law banning same-gender civil marriage, and the federal law allowing states to ignore same-gender marriages from other states, and also seeking parental rights, birth certificate names, insurance, and other benefits, will request a preliminary injunction and a declaratory judgment. • MEUSA Summary • News Source NEW JERSEY • On 18 Octobner 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., the NJ Supreme Court ended a 12-year legal battle when it unanimously affirmed a Superior Court ruling that same-gender civil marriages may begin on 21 October 2013. Despite the governor’s appeal which will get decided in 2014, the court concluded that starting marriages now benefits the couples, without harming the state. • MEUSA Summary • News Source NEW MEXICO • By 18 October 2013, NM county clerks had issued over 1,000 civil marriage licenses to same-gender couples, in advance of the NM Supreme Court hearing on 23 October 2013. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
OREGON • On 16 October 2013, the OR Department of Justice announced that all same-gender couples with legal marriages from elsewhere (and all common-law marriages from elsewhere) are fully eligible for marriage-related benefits in OR. • MEUSA Summary • News Source VIRGINIA • On 16 Ocober 2013, Christopher Newport University surveyed 944 registered VA voters including 753 likely voters, and reported that 56% oppose VA’s 2006 constitutional ban on same-gender civil marriage, and 36% favor it. • MEUSA Summary • News Source TENNESSEE • On 16 October 2013, Knoxville, TN expanded employee benefits coverage to include same-gender and opposite-gender domestic partners, effective 1 January 2014. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
OREGON • On 19 October 2013, Intel Corporation, OR’s largest employer, joined Nike, Portland General Electric, Portland Trail Blazers, Oregon Business Association, and Oregon Business Coalition to support marriage equality. • MEUSA Summary • News SourceSend questions and comments to: [email protected].