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

December 16 – 22, 2013

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NATIONAL MAP

•  On 19 & 20 December 2013, MEUSA’s National Marriage Map was updated to reflect the results of the rulings from both the NM Supreme Court and the U.S. District Court for UT:  (1) Over 39% of Americans live in 19 states that have adopted full, state-level equality:  CA, CT, DC, DE, HI, IA, IL, MA, MD, ME, MN, NH, NJ, NM, NY, RI, UT, VT, WA); (2) and more live cities, counties, or states with partial equality (mainly CO, NV, OR, WI), but 50% live in 33 jurisdictions that still ban all types of unions except one-man-one-woman couples.  •  Map

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NATIONAL POLLS

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NATIONAL LEGISLATION

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LAWSUITS

COLORADO  •  On 6 December 2013, in Charlie Craig & David Mullins v. Masterpiece Cakeshop et al.,a CO judge ruled that:  (1) a baker violated the CO Public Accommodation Law by refusing to sell a cake to a same-gender couple, and (2) having to sell all products to all couples does not violate any baker’s free speech rights, or anyone’s rights to free exercise of religion.  Equality opponents cite this famous case frequently when they argue that marriage equality ends religious freedom and free speech.  •  MEUSA Summary  •  News Source ILLINOIS  •  On 16 December 2013, in Darby v. Orr, a federal judge agreed with Lambda Legal attorneys, and ordered that all IL couples in which a partner suffers a life-threatening illness can marry prior to the 1 June 2014 start of same-gender civil marriages.  •  MEUSA Summary  •  News Source ILLINOIS  •  On 6 December 2013, in Brenda Lee, et al. v. Cook County Clerk David Orr, four same-gender couples filed a federal suit seeking to marry immediately instead of waiting for the 1 June start date.  •  MEUSA Summary  •  News Source PENNSYLVANIA  •  On 17 December 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett et al., in which 23 people are challenging the 1996 PA law that bans same-gender marriage for residents, and that ignores out-of-state same-gender marriages, U.S. District Judge John Jones rejected the argument of PA lawyers (whose team charges at least $725 each hour) that this court lacks authority to decide the case, and then he blocked any higher court review at this time.  The trial starts on 9 June 2014.  •  MEUSA Summary  •  News Source TEXAS  •  On 17 December 2013, in Jack Pidegon & Larry Hicks vs. Houston Mayor Annise Parker, et al., with plaintiffs represented by Harris County GOP Chairman Jared Woodfill, a TX district judge temporarily prohibited Houston, TX from offering partner benefits to same-gender couples.  A hearing is set for 6 January 2014.  •  MEUSA Summary  •  News Source ILLINOIS  •  On 17 December 2013, in Darby v. Orr, the court dismissed the case since the relief that the plaintiffs were seeking occurred when IL enacted a same-gender civil marriage law on 5 November 2013.  • MEUSA Summary  •  News Source NEW MEXICO  •  On 19 December 2013, in Rose Griego, et al., v. NM Bernalillo County Clerk Maggie Oliver, the NM Supreme Court unanimously ruled that same-gender and mixed-gender couples, and their civil marriages, are guaranteed equal rights, protection, and responsibilities under the law, effective immediately.  The court rejected 3 arguments put forth by the opponents of equality:  (1) mixed-gender marriages benefit when same-gender marriages are banned and mixed-gender marriages suffer when same-gender marriages are allowed; (2) marriage requires procreation and procreation requires marriage; and (3) same-gender couples don’t raise children from prior marriage, fertilization, surrogacy, foster care, and/or adoption.  •  MEUSA Summary  •  News Source WEST VIRGINIA  •  On 17 December 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., the WV attorney general asked a federal judge to dismiss the suit challenging WV’s law banning same-gender civil marriage, arguing that the plaintiffs, who are not now legally married anywhere, are suffering no harm.  •  MEUSA Summary  •  News Source ARKANSAS  •  On 19 December 2013, in Kendall Wright et al. v. AR Governor Michael Beebe, et al., in which 21 same-gender couples seek to overturn the 2004 AR constitutional ban on same-gender civil marriage, the statutory ban, and the federal law allowing states to ignore same-gender marriages from other states, the judge decided not to dismiss the suit, and also decided that couples may not marry while the case is pending.  •  MEUSA Summary  •  News Source UTAH  •  On 20 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., the court rejected UT’s arguments that:  (1) marriage is not a right; (2) states can deny marriage to certain citizens; (3) “responsible procreation” is a reason to exclude same-gender couples, and (4) same-gender parents raising children is harmful, and then declared the UT same-gender civil marriage ban an irrational, unconstitutional denial of a fundamental right under the U.S. Constitution, and allowed marriages to begin the same day.  Hours later, UT appealed the decision, and filed a motion seeking to halt marriages during the appeal case.  •  MEUSA Summary  •  News Source TEXAS  •  On 20 December 2013, in Jack Pidegon & Larry Hicks vs. Houston Mayor Annise Parker, et al., the city of Houston said it will appeal the 17 December court order barring domestic partner benefits for same-gender spouses of city employees.  •  MEUSA Summary  •  News Source UTAH  •  On 22 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al.,  in which 3 couples challenged UT’s 2004 constitutional amendment banning same-gender marriage, the 10th Circuit U.S. Court of Appeals denied UT’s request to suspend the district court ruling while the district court decides whether to suspend its own ruling during the time that the case is on appeal; consequently, marriages legalized by the 20 December ruling may continue throughout the appeal process, unless the district court reverses its earlier decision.  On 23 December or later, Federal District Judge Robert Shelby will decide whether to halt marriages while UT appeals the case.  His decision about halting marriages during the appeal could also be appealed to the Tenth Circuit Court, as well as to the U.S. Supreme Court, where Justice Sotomayor would grant the halt, deny the halt, or ask the full Court to decide.  •  MEUSA Summary  •  News Source NORTH CAROLINA  •  On 20 December 2012, in Marcie Fisher-Borne, et al. v. John Smith, et al., in which the American Civil Liberties Union (ACLU) sued several state judges in federal court on behalf of 6 same-gender couples and their children seeking adoption and marriage rights, Republican lawmakers engaged free legal help from Alliance Defending Freedom, an anti-LGBT law firm, to defend the state’s constitutional ban on same-gender civil marriage.  •  MEUSA Summary  •  News Source OREGON  •  On 19 December 2013, in Paul Rummell, et al. v. OR Governor John Kitzhaber, et al.,two Portland couples filed a federal lawsuit challenging OR’s ban on same-gender civil marriage.  They hope to combine their suit into Deanna Geiger, et al. v. OR Governor John Kitzhaber, et al., which was filed on 15 October.  •  MEUSA Summary  •  News Source

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STATE 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.  On 16 December 2013, state Senator Loretta Weinberg withdrew S-3109 from discussion.  •  MEUSA Summary  •  News Source FLORIDA  •  On 16 December, FL state Representative Linda Stewart re-submitted a domestic partner bill.  •  MEUSA Summary  •  News Source ARIZONA  •  On 17 December 2013, Cottonwood, AZ legalized same-gender unions, joining Bisbee, Jerome, Sedona, and Tucson, AZ.  •  MEUSA Summary  •  News Source NEW MEXICO  •  On 19 December 2013, NM state Senator Bill Sharer (R) proposed to amend the NM constitution to ban same-gender civil marriage based on his assumption that same-gender couples have no children.  The change would have to pass both chambers of the NM legislature, before appearing on a statewide voter ballot.  Similar proposals in 2005, 2009, 2010, 2011, and 2013 all failed in the legislature.  •  MEUSA Summary  •  News Source FLORIDA  •  On 18 December 2013, FL state Representative Linda Stewart (D) filed HB-439, which would legalize domestic partners, but give them only a few of the rights and protections available to married people.  A similar bill, SB-196, filed in the Senate on 9 January 2013, died in the Judiciary Committee in May 2013.  •  MEUSA Summary  •  News Source

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STATE BALLOTS & POLLS

OHIO  •  On 8 December 2013, FreedomOhio surveyed 1,011 reigstered voters on same-gender civil marriage with protection for religions, and reported that 56% support it, 34% oppose it, and 10% are unsure.  Separately, 44% believe it is inevitable, 37% do not, and 19% are unsure.  •  MEUSA Summary  • News Source

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Send questions and comments to:  [email protected].

Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week. You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.

Policy & Legal Updates

December 9 – 15, 2013

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NATIONAL MAP

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NATIONAL POLLS

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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

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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 Source

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STATE 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 Source

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STATE 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 Source

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Send questions and comments to:  [email protected].

Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week. You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.

Policy & Legal Updates

October 21 – 27, 2013

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NATIONAL MAP

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NATIONAL POLLS

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

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NATIONAL LEGISLATION

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LAWSUITS

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

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STATE LEGISLATION & POLLS

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

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STATE BALLOTS & POLLS

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

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Send questions and comments to:  [email protected].

Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week. You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.

Policy & Legal Updates

October 14 – 20, 2013

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NATIONAL 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

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NATIONAL POLLS

• 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

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NATIONAL LEGISLATION

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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 Source

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STATE 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 Source

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STATE 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 Source

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Send questions and comments to:  [email protected].

Marriage Equality USA heartily congratulates same-sex couples in New Jersey who will be able to start marrying this coming Monday! The marriages follow the unanimous ruling publicized earlier today when the New Jersey Supreme Court refused to issue a stay of Judge Mary Jacobson’s Superior Court ruling requiring the state to permit and recognize such marriages beginning October 21, 2013. At the same time, MEUSA's National Equality Action Team (NEAT) continues to work to secure a legislative implementation of the freedom to marry in the state. In its 20-page opinion explaining why it would not grant the stay prior to the state’s appeal of Judge Jacobson’s ruling which will be heard next January, the Supreme Court wrote that the State of New Jersey has neither demonstrated that its underlying legal claim is settled nor that it has a reasonable probability of success on the merits. “The Court wrote that ‘[t]he State has presented no explanation for how it is tangibly or actually harmed by allowing same-sex couples to marry,’” explained MEUSA Legal & Policy Director John Lewis. “Rather, the Court determined that same-sex couples and their families suffer ‘immediate and concrete violations of [the] right to equal protection under the law’ and an ‘ongoing injury that … cannot be repaired … at a later time.’” The Court did note that marriages which take place between Monday and their ruling in the state’s appeal theoretically later could be nullified should it later find in favor of the state. While today’s strongly worded opinion bolsters our conviction that the Supreme Court will uphold the lower court’s ruling and let these marriages stand, the possibility of reversal illuminates why it is imperative for marriage equality supporters in New Jersey to continue calling and urging legislators to overturn Governor Christie’s veto of the marriage equality bill the legislature already passed. A favorable Supreme Court ruling, albeit likely, is not certain, and in any case is not expected before sometime in 2014; a legislative victory still could be accomplished first, as if the veto is to be overridden, this must be accomplished by the end of 2013. “Today’s decision provides tremendous momentum at a key moment in our movement,” said MEUSA Executive Director Brian Silva. “Meanwhile, Marriage Equality USA and our project, the National Equality Action Team (NEAT), are working every day to make the freedom to marry a reality in New Jersey, Hawaii, Illinois, and nationwide. From Marriage Equality USA’s National Map page Over 30% of Americans live in states with full, state-level equality, and 50% of Americans live in 22 states (or counties or cities) that recognize various forms of same- gender relationships: 15 with full marriage (CA, CT, DC, DE, IA, MA, MD, ME, MN, NH, NJ, NY, RI, VT, WA); 03 with civil union (CO, HI, IL); 04 with domestic partnership (NV, NM, OR, WI). __ 22 states (or counties or cities) that recognize various forms of same- gender relationships. From Marriage Equality USA’s Current Status pages Since 1993, every American state has taken some position on marriage equality.  Each state allows — or bans — various forms of marriage via the state constitution and/or state laws.  Some states have full marriage equality, some have restricted equality, and the rest ban all unions except one-man-one-woman couples.  About 70 federal and state marriage-related lawsuits are underway nationwide. In 2013, lawmakers, judges, and voters in most states, as well as federal judges and Congress, are deciding whether to allow — or ban — various levels of equality.

Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week. You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.

Policy & Legal Updates

October 7 – 13, 2013

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NATIONAL MAP

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NATIONAL POLLS

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NATIONAL LEGISLATION

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LAWSUITS

PENNSYLVANIA  •  On 7 October 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett et al., a federal lawsuit challenging the 1996 PA law that bans same-gender marriage for residents, and that ignores out-of-state same-gender marriages, the governor, chief legal officer, and health secretary asked to be released as defendants, and lawyers for PA Attorney General Kathleen Kane argued that she also should not be a defendant, which would leave only two county officials as defendants.  •  MEUSA Summary  •  News Source IOWA  •  On 7 October 2013, in Betty Ann & Richard Odgaard v. Iowa Civil Rights Commission et al., two bistro owners (the Odgaards) sued IA, claiming that:  (1) their religious beliefs compel them to discriminate against same-gender couples, (2) the IA anti-discrimination law violates their religious beliefs by outlawing discrimination, and (3) their bistro business qualifies as a religious institution.  •  MEUSA Summary  •  News Source ILLINOIS  •  On 8 October 2013, in Darby v. Orr, opponents of marriage equality challenged the county judge’s decision (to allow the case to proceed) by appealing to a higher court, where arguments are scheduled to be heard on 14 November 2013.  •  MEUSA Summary  •  News Source NEW JERSEY  •  On 10 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., Justice Jacobson denied NJ’s request to delay same-gender civil marriages (scheduled to start on 21 October 2013) until Governor Christie’s appeal is concluded in 2014.  •  MEUSA Summary  •  News Source NEW JERSEY  •  On 11 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., the NJ Supreme Court announced it will rule on:  (1) marriage equality, and (2) the 21 October start date for same-gender civil marriage licenses.  Plaintiffs have until 15 October to file objections.  •  MEUSA Summary  •  News Source UTAH  •  On 11 October 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., UT Governor Herbert requested a summary judgment favoring the state, and argued that:  (1) marriage is not a right; (2) states can exclude some citizens from marriage; (3) “responsible procreation” is a reason to exclude same-gender couples, and (4) raising children with mixed-gender parents is better.  Plaintiffs also requested a summary judgment in their favor, and argued that UT’s constitutional ban restricts rights and liberties.  The court will hear both of these motions on 4 December 2013.  •  MEUSA Summary  •  News Source

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STATE LEGISLATION & POLLS

WASHINGTON  •  On 4 October 2013, the WA Judicial Conduct Commission firmly reprimanded Thurston County Superior Court Judge Gary Tabor for refusing to perform civil wedding ceremonies for same-gender couples for what he said were “philosophical and religious reasons.”  WA law prohibits such discrimination, so Judge Tabor no longer performs weddings for anyone.  •  MEUSA Summary  •  News Source TEXAS  •  On 8 October 2013, the Dallas Area Rapid Transit Board voted 9-3 to adopt a domestic partner employee benefits plan.  •  MEUSA Summary  •  News Source NEW JERSEY  •  On 8 October 2013, Fairleigh Dickinson University surveyed 702 registered voters, and reported that 62% support the NJ court’s ruling in favor of same-gender civil marriage, 30% oppose it, and 8% don’t know or refused to answer.  Also, 62% oppose NJ’s appeal of the court’s ruling, 29% support it, and 9% don’t know or refused to answer.  •  MEUSA Summary  •  News Source

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STATE BALLOTS & POLLS

ARKANSAS  •  On 7 October 2013, AR Attorney Genderal Dustin McDaniel rejected the wording of two ballot measures to legalize same-gender civil marriage, after approving a third ballot measure to repeal the 2004 constitutional ban on same-gender marriage.  •  MEUSA Summary  •  News Source INDIANA  •  On 9 October 2013, the anti-LGBT Indiana Family Institute surveyed 504 likely IN voters, and reported that 62% support a constitutional ban on same-gender civil marriage, 33% oppose a ban, and 6% are undecided.  •  MEUSA Summary  •  News Source

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Send questions and comments to:  [email protected].

[caption id="attachment_443" align="alignleft" width="300"] Volunteers and staff from MEUSA pose with New Jersey United for Marriage staff before spending time canvassing[/caption] Marriage Equality USA Executive Director Brian Silva and eight other volunteers spent October 5th in Summit, New Jersey, canvassing in support of New Jersey United for Marriage (NJUM) - the campaign to win marriage in that state. This action was part of the National Equality Action Team (NEAT), MEUSA's newest initiative to draw together winning coalitions of marriage equality supporters. As New Jersey moves toward marriage equality, Gov. Chris Christie continues to oppose full equality for all citizens of the state. "Gov. Christie's aggressive style will only strengthen our resolve," says Silva. MEUSA's NYC-ROC will be back in Northern New Jersey on Oct. 16th and 26th. According to Silva, "This was our first time canvassing in New Jersey and we had quite a positive response." MEUSA also is looking forward to its Philadelphia ROC hosting a similar event November 10th as part of the NEAT initiative. Bob Sullivan, Philadelphia ROC local organizer said, "We expect the same positive reaction in South Jersey. The Philadelphia ROC is getting involved because South Jersey is suburban Philadelphia and most people do as much business down the shore or across the Delaware River as they do here in Philadelphia. We're fighting for marriage equality here in Pennsylvania and it's important to us that our marriages be recognized whether we live, travel do, or do business in Pennsylvania, Delaware, or New Jersey. We're going to fight for the support we need to override Gov. Christie's veto." More information can be found at www.theneat.org.

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

September 30 - October 6, 2013

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NATIONAL MAP

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NATIONAL POLLS

• On 27 September 2013, Public Religion Research Institute surveyed 1,563 Hispanic Americans from a representative sample of U.S. adults regarding same-gender civil marriage, and reported that 55% favor it, 43% do not, with 2% unaccounted for. Also, regarding candidate preferences, likely Hispanic voters prefer Democrats 58%, Republicans 28%, and others 12%, with 2% unaccounted for.  •  Survey Details
• On 4 October 2013, Quinnipiac University surveyed 1,776 American adults on same-gender civil marriage, and reported that among registered voters, 57% support it, 36% do not, and 6% do not know or give no answer.  Among Roman Catholics (where no clergy support same-gender civil marriage at all), 60% of churchgoers support it, 31% don't, and 9% do not know or give no answer.  •  Survey Details

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NATIONAL LEGISLATION

• On 30 September 2013, U.S. Representative Adam Smith (D- Washington) and Senator Carl Levin (D-Michigan), the top Democrats on the House and Senate Armed Services Committees, told the U.S. Department of Defense to ensure that military spouse benefits are issued to all armed forces personnel in same-gender civil marriages, including states which have denied some benefits applications, such as IN, LA, MS, OK, SC, and TX.  •  MEUSA Summary  •  Survey Details

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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 Source

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STATE 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 Source

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STATE 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 Source

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Send questions and comments to:  [email protected].