Heading Toward the Supremes
All eyes will be on Washington later this month, as the United States Supreme Court has announced that on September 29, they will consider whether to hear one or more of the federal marriage equality cases in their current term. If they take one of the cases, we could have a nationwide marriage ruling as soon as June 2015.
We reflected on the road that has led us to this point as we sat in the courtroom here at the 9th Circuit in San Francisco, where we recently attended oral arguments in the federal marriage equality cases for Nevada, Idaho, and Hawaii. Inside the courtroom, the lack of credible anti-equality arguments was evident, as demonstrated by the dubious analogies to sticks and balls repeatedly used by Monte Stewart, the lawyer arguing in favor of anti-marriage equality laws in both the Idaho and Nevada cases. If you weren’t there, you might have been confused by news items such as this one from Boise State Public Radio: “Stewart mentioned crystal balls several times during the hour long hearing”—a surreal turn that felt to those in the courtroom like the other side had clearly run out of ideas.
Outside the courtroom, we were reminded of the true meaning of love and marriage when we learned there are newlyweds in our family. The announcement came, not from one of our younger siblings or cousins, but from my 93-year-old uncle who married the wonderful woman who has spent the last four decades by his side. At the same time as the anti-equality lawyers before the 9th Circuit were arguing that straight couples will no longer wed or stay married once same-sex couples are able to marry, my uncle and aunt proved the opposite to be true. They married for the exact same reasons that all couples marry: to love, comfort, honor, and keep each other in good times and in bad, in sickness and in health.
Upon hearing their wedding news, one of our cousins remarked on the common themes that unite us in matrimony, whether gay or straight, young or old: “So sweet that they have decided to get married at this late date! Also wise, since it will give them the rights they deserve…just the same rights that same-sex marriage advocates are rightly fighting for.”
As a family, we see many parallels to the current marriage equality debates taking place today in courtrooms and dining rooms all across America. As a child of interracial parents who grew up in the 1960s, I know exactly what Judge Posner meant when he wrote earlier this month in the 7th Circuit marriage cases that asking interracial couples in the 1960s to accept “same-race unions” instead of marriage would have been “considered deeply offensive, and, having no justification other than bigotry…”
We are very thankful that the United States Supreme Court ruled in 1967 that interracial couples have the freedom to marry all across our country. Today, as a gay American married in California, I know the time has come for the Supreme Court to rule that LGBTQ Americans in all 50 states have the basic human right to marry the person they love. We hope that as soon as next summer the justices do exactly that.
John Lewis and Stuart Gaffney, together for nearly three decades, were plaintiffs in the California case for equal marriage rights decided by the California Supreme Court in 2008.
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 - January 27-February 2, 2014
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
27 January – 2 February, 2014NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
VIRGINIA • On 31 January 2014, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al., a lawsuit for two couples seeking full marriage equality for all VA residents, including couples married elsewhere, the court granted class-action status, so the case now affects all same-gender couples. • MEUSA Summary • News Source NEVADA • On 27 January 2014, in Beverly Sevcik, et al., v. Governor Brian Sandoval, et al., a lawsuit seeking full marriage equality for 8 couples, the Carson City, NV Clerk-Record Alan Glover withdrew his Answering Brief in the appeal case, and no longer opposes the Plaintiffs. • MEUSA Summary • News Source VIRGINIA • On 27 Januar y2014, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al., a federal class action lawsuit for two couples seeking full marriage equality for all VA residents, including couples married elsewhere, VA Attorney General Mark Herring notified the court that VA’s state laws banning same-gender civil marriage are unconstitutional, that VA is reversing its position in the case, that he will not defend them, and that he will argue that they are unconstitutional. • MEUSA Summary • News Source OKLAHOMA • On 28 January 2014, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., a case challenging the state constitution for denying the right to marry the person of one’s own choice, and for refusing to recognize same-gender marriages performed in other states, the Tenth Cicuit U.S. Court of Appeals decided to review the OK and UT appeals (a) on a fast-track schedule, and (b) by the same panel of judges. The appeals will be briefed separately and argued separately. The OK appeal schedule is: cross-appeal 1st brief by 24 February, 2nd/supplemental briefs by 17 March, 3rd brief by 1 April, optional reply brief by 7 April, and oral arguments after 7 April. • MEUSA Summary • News Source UTAH • On 28 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal lawsuit challenging UT’s constitutional amendment banning same-gender civil marriage, the Tenth Cicuit U.S. Court of Appeals decided to review both the UT and OK cases (a) on a fast-track schedule, and (b) by the same panel of judges. The UT and OK appeals will be briefed separately and argued separately. The UT appeal schedule is: last filings 4 March; oral arguments 10 April. • MEUSA Summary • News Source UTAH • On 28 January 2014, in Jonell Evans, et al. v. Utah, an ACLU suit to force UT to recognize about 1360 marriages performed from 20 December 2013 through 2 January 2014, the case was moved from state court to a federal court. • MEUSA Summary • News Source VIRGINIA • On 28 January 2014, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a federal lawsuit challenging VA’s 2006 ban on in-stateand out-of-state same-gender marriage, VA Governor Terry McAuliffe (D) told dozens of Republican lawmakers he would not appoint any special prosecutor to defend the VA same-gender civil marriage ban. • MEUSA Summary • News Source VIRGINIA • On 28 January 2014, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al.,a federal class action lawsuit for two couples seeking full marriage equality for all VA residents, including couples married elsewhere, VA Governor Terry McAuliffe (D) told dozens of Republican lawmakers he would not appoint any special prosecutor to defend the VA same-gender civil marriage ban. • MEUSA Summary • News Source HAWAII • On 29 January 2014, in McDermott v. Abercrombie, a state judge ruled that the HI Marriage Equality Act of 2013 violates neither the state nor the federal constitutions. • MEUSA Summary • News Source WEST VIRGINIA • On 28 January 2014, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., a federal lawsuit for three couples challenging the state law that bans marriage equality, the judge denied WV’s motion to dismiss the suit, but dismissed the complaint about recognizing out-of-state marriage licenses, unless additional plaintiffs are added. • MEUSA Summary • News Source UTAH • On 30 January 2014, in Kate Doe & Beth Roe v. Utah, a lesbian couple sued UT for refusing to recognize their 2010 marriage in another state. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
KANSAS • On 24 January 2014, KS state Representative Charles Macheers introduced a bill to legalize discrimination against same-gender couples whenever a person, group, or business claims that their discrimination is religiously based. The KS House Federal and State Affairs Committee scheduled a hearing for 28 January 2014. • MEUSA Summary • News Source SOUTH DAKOTA • On 21 January 2014, SD state Senator Ernie Otten proposed SB-67, which would legalize discrimination against same-gender couples whenever the perpetrator claims religions as the excuse. • MEUSA Summary • News Source SOUTH DAKOTA • On 21 January 2014, SD state Senator Ernie Otten proposed SB-66, which would prevent clergy and religions from being sued for not performing a same-gender civil weddings. • MEUSA Summary • News Source SOUTH DAKOTA • On 30 January 2014, SD SB-67 was withdrawn, and replaced by SB-128, which would legalize religion-based discrimination against LGBT people in 4 settings: (1) employment; (2) public accommodation; (3) commercial services; and (4) state courts. • MEUSA Summary • News Source IDAHO • On 28 January 2014, ID state Representative Lynn Luker proposed a bill to legalize discrimination by people in 28 licensed professions who use religion as their excuse for the discrimination. • MEUSA Summary • News Source NEBRASKA • On 28 January 2014, Sarpy County, NE commissioners extended health insurance benefits to spouses of county employees with same-gender spouses who got legally married in another state. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 27 January 2014, by 57 to 40, the IN House approved HJR-3, a proposal to revise the IN constitution to ban same-gender civil marriage, after revising it to delete a ban on civil union, domestic partnership, and worker spouse benefits, but whether same-gender civil marriage goes before voters, and in what year, remains undecided. • MEUSA Summary • News Source PENNSYLVANIA • On 29 January 2014, Franklin & Marshall College surveyed 580 PA voters about same-gener civil marriage, and reported 56% in favor, 39% opposed, and 6% don't know. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - 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 - October 21-27, 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 21 – 27, 2013NATIONAL MAP
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
NATIONAL LEGISLATION
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 SourceSTATE 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 SourceSTATE 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 SourceSend questions and comments to: [email protected].
Policy and Legal Update - September 30-October 6, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
September 30 - October 6, 2013NATIONAL MAP
NATIONAL POLLS
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On 27 September 2013, Public Religion Research Institute surveyed 1,563 Hispanic Americans from a representative sample of U.S. adults regarding same-gender civil marriage, and reported that 55% favor it, 43% do not, with 2% unaccounted for. Also, regarding candidate preferences, likely Hispanic voters prefer Democrats 58%, Republicans 28%, and others 12%, with 2% unaccounted for. • Survey Details
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On 4 October 2013, Quinnipiac University surveyed 1,776 American adults on same-gender civil marriage, and reported that among registered voters, 57% support it, 36% do not, and 6% do not know or give no answer. Among Roman Catholics (where no clergy support same-gender civil marriage at all), 60% of churchgoers support it, 31% don't, and 9% do not know or give no answer. • Survey Details
NATIONAL LEGISLATION
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On 30 September 2013, U.S. Representative Adam Smith (D- Washington) and Senator Carl Levin (D-Michigan), the top Democrats on the House and Senate Armed Services Committees, told the U.S. Department of Defense to ensure that military spouse benefits are issued to all armed forces personnel in same-gender civil marriages, including states which have denied some benefits applications, such as IN, LA, MS, OK, SC, and TX. • MEUSA Summary • Survey Details
LAWSUITS
MASSACHUSETTS • On 2 October 2013, in Shannon McLaughlin, et al. v. Chuck Hagel, et al., a Federal district court ruled in favor of 8 same-gender couples and awarded them equal pay/benefits for active/veteran military personnel, retroactively to 2011. • MEUSA Summary • News Source PENNSYLVANIA • On 1 October 2013, in Pennsylvania Health Department v. Montgomery County Court Clerk Bruce Hanes, the county appealed to the PA Supreme Court a lower court ruling that halted the issuance of same-gender civil marriage licenses after 174 licenses were issued. • MEUSA Summary • News Source PENNSYLVANIA • On 26 September 2013, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., a couple filed a federal suit to force PA to recognize their 2005 MA marriage. The Equality Forum suit raises two new federal constitutional questions: whether states must respect laws from other states, and whether citizens can travel between states without losing rights. • MEUSA Summary • News Source WEST VIRGINIA • On 1 October 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., Fairness WV and Lambda Legal filed a federal lawsuit for three couples challenging the state law that bans marriage equality. • MEUSA Summary • News Source NEW JERSEY • On 30 September 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., Lambertville, NJ mayor David DelVecchio committed to performing NJ’s first same-gender civil marriage as soon as the ruling goes into effect on 21 October 2013. • MEUSA Summary • News Source NEW JERSEY • On 1 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., NJ Acting Attorney General John Hoffman appealed directly to the NJ Supreme Court (bypassing the NJ appeals court), and asked for expedited review. Hoffman also asked the Superior Court to delay implementation of its ruling until after the Supreme Court review, which Lambda Legal opposes. • MEUSA Summary • News Source VIRGINIA • On 30 September 2013, in Joanne Harris, et al. v. Virginia Governor Robert McDonnell et al., the ACLU, ACLU Virginia, and Lambda Legal filed a federal class action lawsuit for two couples seeking full marriage equality for all VA residents, including couples married elsewhere. On 30 September 2013, ACLU and Lambda Legal asked for a summary judgment. • MEUSA Summary • News Source KENTUCKY • On 1 October 2013, in Gregory Bourke & Michael Deleon v. Kentucky, KY Attorney General Clay Barkley asked a federal court to dismiss the case, claiming that the plaintiffs have no standing to bring this lawsuit. • MEUSA Summary • News Source TEXAS • On 9 September 2013, 16 TX state representatives told the TX Military Forces to: (1) stop denying equal pay and benefits to all same-gender married military couples at all TX National Guard facilities, (2) stop denying membership in family readiness groups, and (3) stop denying participation in marriage enrichment retreats. • MEUSA Summary • News Source TEXAS • On 13 September 2013, in Alicia Butler & Judith Chedville vs. Texas, Lambda Legal told the TX Military Forces that since 3 September 2013 it has been unlawful to deny equal federal pay and benefits to any same-gender married military couple, and the TX ban on same-gender civil marriage does not exempt TX from compliance. Chedville is an Army nurse and Iraq war veteran, and a 1st Lieutenant in the Army National Guard. • MEUSA Summary • News Source VIRGINIA • On 18 July 2013, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a gay couple filed a federal lawsuit challenging VA’s 2006 ban on same-gender marriage, joined by a lesbian couple seeking to have their 2008 CA marriage recognized in VA. On 30 September 2013, AFER (American Foundation for Equal Rights), the sole sponsor of the lawsuit which defeated CA Proposition 8, joined this lawsuit to win full federal marriage equality nationwide. • MEUSA Summary • News Source VIRGINIA • On 3 October 2013, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., VA Attorney General (and candidate for governor) Ken Cucinelli filed a brief in federal court arguing that same-gender civil marriage should be banned because: (1) some religious beliefs from the 1500s also ban it; (2) some dictionaries still describe marriage as only between mixed-gender couples; and (3) some mixed-gender couples procreate. • MEUSA Summary • News Source NEW JERSEY • On 4 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., plaintiffs told the court that NJ has failed to prove it risks any irreparable harm if it issues licenses, and has failed to prove that it is likely to win its appeal, and therefore asked the court to not delay the implementation of its ruling. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
NEW MEXICO • On 1 October 2013, Anzalone Liszt Grove Research surveyed 502 registered NM voters regarding same-gender civil marriage, and reported that 51% support it (35% strongly; 16% somewhat), 42% oppose it (34% strongly, 8% somewhat) and 7% do not know or refused to answer. Regarding a constitutional ban on same-gender civil marriage, 54% oppose it (42% strongly, 12% somewhat), 38% support it (32% strongly, 6% somewhat), and 8% do not know or refused to answer. • MEUSA Summary • News Source PENNSYLVANIA • On 3 October 2013, state Representative Brian Sims (D) introduced House Bill 1686, the Pennsylvania Marriage Equality Act, to legalize same-gender civil marriage. The bill is supported by 32 lawmakers (31 Democrats, 1 Republican). • MEUSA Summary • News Source NEW JERSEY • On 2 October 2013, Assemblyman Chris Brown (R) reversed his 2012 vote, and now supports marriage equality. To override the governor’s 2012 veto by mid-January 2014, only 10 more lawmakers are needed (3 Senators to reach 27 out of 40 and 7 Assemblymen to reach 54 out of 80). • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
NEVADA • On 2 October 2013, Retail Association of Nevada surveyed 500 likely NV voters regarding repeal of the constitutional ban on same-gender civil marriage, and reported that 57% favor repeal, and 36% do not, with 7% unaccounted for. • MEUSA Summary • News Source OREGON • On 4 October 2013, the Oregon Business Association, which represents over 300 businesses, endorsed the Freedom-to-Marry & Religious Protection Initiative, following the Portland Business Alliance. Volunteers have collected over 90,000 signatures toward placing the issue on the November 2014 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].