A Whirlwind Six Weeks Ahead for Marriage Equality
Last year at this time, the United States Supreme Court had just finished hearing oral arguments in two LGBT cases that resulted in landmark marriage equality rulings striking down Section 3 of DOMA and Proposition 8. Although LGBT rights are not before the high court in 2014, this year promises to be a barnburner of a year for marriage equality litigation in lower courts with a dizzying sixty cases pending in thirty states or territories of the United States. Consider what’s ahead in just the next six weeks:
On April 10, all eyes will be on the Tenth Circuit Federal Court of Appeals when they hear oral argument in the Utah marriage equality case, Kitchen v. Herbert. In December 2013, the federal district court in Salt Lake City struck down Utah’s exclusion of same-sex couples from marriage, and hundreds of LGBT couples married in Salt Lake City and other parts of the state before the decision was stayed pending appeal.
A week later, on April 17, the Tenth Circuit will also hear arguments in the Oklahoma freedom to marry case, Bishop v. Smith, where the district court in Tulsa invalidated that state’s ban of marriage for LGBT couples. On the same day, a state court in Little Rock will hear arguments in same-sex couples’ lawsuit seeking marriage equality in Arkansas, Wright v. Arkansas.
Less than a week after that, on April 23, the federal district court in Eugene, Oregon, will hear arguments in LGBT couples’ challenge to Oregon’s denial of marriage for same-sex couples. The Governor and Attorney General of Oregon have stated in court filings that they consider Oregon’s marriage ban unconstitutional and are ready to issue marriage licenses to same-sex couples if the court strikes down the ban. In addition, the LGBT community and allies in Oregon have collected sufficient signatures to qualify an initiative to reverse the ban on the November 2014 ballot. The community has until July 3 to decide whether or not to pursue the measure, and if the district court strikes down the ban and marriage equality becomes the law in Oregon, the community will likely not submit the initiative for the ballot.
And three weeks after that, the action moves east to Virginia where, on May 13, the Fourth Circuit Federal Court of Appeals will hear arguments in Bostic v. Shaefer, a challenge to Virginia’s exclusion of LGBT couples from marriage. In February 2014, a federal district court in Norfolk ruled the state’s marriage ban unconstitutional. Same-sex couples in a separate class action challenge to Virginia’s ban, Harris v. Rainey, will also appear in the appeal. Virginia’s Governor and Attorney General are not defending the ban, but other state officials are pursuing the appeal.
Decisions in the district and trial courts could come immediately, or shortly after the hearings. Decisions in the federal appellate courts (the Fourth and Tenth Circuits) will likely come within months of the oral arguments. The case for LGBT equality has never been stronger. Stay tuned.
By MEUSA National Media Director Stuart Gaffney and MEUSA Director of Legal & Policy John Lewis
This article originally appeared in SF Bay Times, April 2, 2014: http://sfbaytimes.com/a-whirlwind-six-weeks-ahead-for-marriage-equality/
Policy and Legal Update - January 27-February 2, 2014
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
Policy & Legal Updates
January 20 – 26, 2014NATIONAL MAP
NATIONAL POLLS
- On 8 December 2013, Anzalone Liszt Grove Research surveyed 800 registered voters in states where same-gender couples could not marry about whether they should be able to marry, and reported that51% said yes, 41% said no, with 8% unaccounted for. Among non-equality states, support is strongest in central states (59% to 36%), then western states (53% to 34%), then southern states (46% to 46%). Among non-equality states nationwide, 56% of voters expect same-gender civil marriage to be legal within 2 years, and 78% expect minimal or a positive impact. • News Source
NATIONAL LEGISLATION
LAWSUITS
UTAH • On 16 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal lawsuit challenging UT’s constitutional amendment banning same-gender civil marriage, UT decided to pay $300,000 to the 3 attorneys who, with help from 2 UT attorney general staff attorneys, will argue to ban same-gender civil marriage before the 10th Circuit U.S. Court of Appeals. Their fee for the U.S. Supreme Court appeal would be similar. • MEUSA Summary • News Source FLORIDA • On 21 January 2014, in Catherina Pareto, et al., v. Miami-Dade County Court Clerk Harvey Ruvin, 6 same-gender couples, represented by National Center for Lesbian Rights (NCLR) and Equality Florida Institute, sued FL for marriage rights. • MEUSA Summary • News Source UTAH • On 21 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal challenge to UT’s constitutional amendment banning same-gender civil marriage, the Appeals Court allowed UT 7 extra days to prepare, so the opening brief is due 3 February, the response brief 25 February, and any reply brief 4 March, with oral arguments in March or April. • MEUSA Summary • News Source UTAH • On 21 January 2014, in Jonell Evans, et al. v. State of Utah, ACLU sued UT in state court (a) for ignoring the marriages of 2,600 people who were legally married as same-gender couples in UT, and (b) for harming their childen. • MEUSA Summary • News Source IDAHO • On 22 January 2014, in Sue Latta, et al. v. ID Governor C. L. Butch Otter, a federal lawsuit challenging the 2006 state constitutional amendment, and Idaho laws, banning same-gender civil marriage and civil union, the judge allowed the ID attorney general to intervene. • MEUSA Summary • News Source NEVADA • On 22 January 2014, in Beverly Sevcik, et al., v. Governor Brian Sandoval, et al., a lawsuit seeking full marriage equality, NV’s brief argued that same-gender civil marriage should be banned because mixed-gender marriage should be promoted. • MEUSA Summary • News Source OREGON #2 & #4 • On 23 January 2014, the federal court combined the cases of Deanna Geiger et al. v. OR Governor John Kitzhaber et al., two women challenging OR’s constitutional ban on same-gender civil marriage, and OR’s refusal to recognize legal marriages from other jurisdictions with the case of Paul Rummell, et al. v. OR Governor John Kitzhaber, et al., two Portland couples challenging OR’s ban on same-gender civil marriage. • MEUSA Summary • News Source MICHIGAN • On 3 January 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., a federal case challenging the constitutionality of the MI’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, lawyers from ACLU and G&LA&D joined the plaintiff legal team. • MEUSA Summary • News Source VIRGINIA • On 21 January 2014, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a federal case challenging VA’s 2006 ban on same-gender marriage, the plaintiffs’ attorneys asked the court to follow the 9th Circuit U.S. Court of Appeals recent ruling, and apply heightened scrutiny (the assumption that a law is probably discriminatory) when evaluating VA’s marriage ban. • MEUSA Summary • News Source OKLAHOMA • On 24 January 2014, 2 of the 4 plaintiffs appealed the district court’s ruling that they don’t have standing to challenge: (1) OK’s refusal to recognize their CA marriage, (2) part B of the Oklahoma constitutional amendment, and (3) Defense of Marriage Act, Section 2. • MEUSA Summary • News Source VIRGINIA • On 23 January 2014, in Timothy Bostic, et al. vs. VA State Registrar Janet Rainey, et al., a federal lawsuit challenging VA’s 2006 ban on same-gender marriage in VA or elsewhere, VA’s new attorney general, Mark Herring, said that VA’s ban on same-gender civil marriage violates the U.S. Constitution’s 14th Amendment (equal protection, due process), and that instead of defending the ban, he will join plaintiffs in two lawsuits arguing that it be struck down. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
VIRGINIA • On 20 January 2014, VA lawmakers voted to table Bill 939, which would have repealed the statutory bans -- without legalizing -- same-gender civil marriage, civil union, and domestic partnership. The bills which would have repealed the constitutional ban are not being heard during this legislative session at all. The earliest that voters could vote to repeal the constitutional ban is in 2016, which may be unnecessary if either federal lawsuit prevails before then. • MEUSA Summary • News Source NEW HAMPSHIRE • On 15 January 2014, Public Policy Polling surveyed 1,354 NH voters on same-gender civil marriage, and reported that 60% support it, 29% oppose it, and 11% are unsure. Regarding the impact of equal marriage since 2010, 66% reported no impact, 20% positive impact, and 14% negative impact. • MEUSA Summary • News Source OKLAHOMA • On 20 January 2014, state Representative Mike Turner introduced House Joint Resolution 1076, to put same-gender civil marriage, civil union, and domestic partnerhsip on a statewide ballot so that all three can be re-banned via the state constitution in 2014, just the way they were in 2004. • MEUSA Summary • News Source OKLAHOMA • On 20 January 2014, state Representative Mike Turner introduced the Preservation of Marriage Act (H. 2466) to outlaw same-gender civil marriage. • MEUSA Summary • News Source ILLINOIS • On 21 January 2014, IL state Senator Kyle McCarter (R) proposed SB-2637, a law to repeal the equal marriage law enacted in November 2012. • MEUSA Summary • News Source COLORADO • On 21 January 2014, the CO state Senate preliminarily approved a bill letting same-gender couples married elsewhere file their CO state tax returns jointly. • MEUSA Summary • News Source SOUTH DAKOTA • On 21 January 2014, 28 lawmakers introduced SB-66 (which would exempt clergy, non-clergy, and organizations from performing same-gender civil marriages), and 26 lawmakers introduced SB-67 (which would legalize discrimination against commercial customers on the basis of religious beliefs). • MEUSA Summary • News Source OKLAHOMA • On 25 January 2014, OK state Representative Mike Turner proposed banning all marriage statewide as a way to prevent any same-gender civil marriages being mandated via the courts in the lawsuit over the 2004 voter-approved ban. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 21 January 2014, IN House Speaker Brian Bosma moved the proposed equal marriage ban constitutional amendment bill from the House Judiciary Committee, where 3 members were reluctant to pass it, to the Elections and Apportionment Committee, where it passed, 9-to-3 (two of the bill’s authors are members). A full House vote is next, then a Senate vote. • MEUSA Summary • News Source FLORIDA POLLS • On 22 January 2014, Public Policy Polling surveyed 591 FL voters on same-gender civil marriage, and reported that 47% approve, 44% disapprove, with 9% unsure. • MEUSA Summary • News Source OREGON • On 23 January 2014, Oregon United for Marriage launched a student campaign at 8 schools, targeted toward adults aged 18-29. • MEUSA Summary • News Source OREGON • On 22 January 2014, religious support for same-gender civil marriage reached 57 congregations and faith organizations, with the addition of the Oregon Board of Rabbis, Oregon Area Jewish Committee, and Jewish Federation of Greater Portland. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - January 13-19, 2014
Policy & Legal Updates
January 13 – 19, 2014NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
PENNSYLVANIA • On 13 January 2014, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., a federal suit to force PA to recognize all out-of-state marriages equally, the plaintiffs asked the court for a summary judgment (without a full trial). • MEUSA Summary • News Source OKLAHOMA • On 14 January 2014, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., a federal suit challenging the OK constitution for denying same-gender civil marriage rights and for refusing to recognize same-gender marriages performed elsewhere, the district court ruled that the marriage ban is unconstitutional. That ruling is stayed pending appeal(s). Of all the same-gender civil marriage cases nationwide, this one is the oldest unresolved case. • MEUSA Summary • News Source KENTUCKY • On 14 January 2014, in Gregory Bourke v. KY Governor Steve Beshear, et al., a challenge to the 2004 constitutional amendment banning same-gender civil marriage, the plaintiffs filed their final brief, and the court is about to decide whether to issue a final ruling without a trial. • MEUSA Summary • News Source OHIO • On 16 January 2014, in Jim Obergefell & John Arthur v. OH Public Health Director Theodore Wymyslo, about OH recognition of legal marriages from other states when issuing death certificates, OH attorney general Mike DeWine appealed the district court ruling to the 6th Circuit U.S. Court of Appeals. • MEUSA Summary • News Source PENNSYLVANIA • On 13 January 2014, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al., rearding recognition by PA of legal marriages performed elsewhere, the plaintiffs asked the court to skip the trial and issue a final ruling. • MEUSA Summary • News Source OKLAHOMA • On 16 January 2014, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., challenging the state constitution for denying the right to marry the person of one’s own choice, and for refusing to recognize same-gender marriages performed in other states, Tulsa County Clerk Sally Howe Smith, represented by the notorious anti-LGBT group Alliance Defending Freedom, appealed to the U.S. 10th Circuit Court of Appeals. • MEUSA Summary • News Source UTAH • On 17 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal lawsuit challenging UT’s constitutional amendment banning same-gender civil marriage, UT asked the 10th Circuit U.S. Court of Appeals for 10 extra days to write its arguments opposing same-gender civil marriage, and the plaintiffs opposed that request. • MEUSA Summary • News Source OKLAHOMA • On 17 January 2014, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., a challenge to the state constitution for denying the right to marry the person of one’s own choice, for refusing to recognize same-gender marriages performed in other states, and for other aspects of the federal Defense-of-Marriage Act, OK requested the 10th Circuit U.S. Court of Appeals to: (1) set a fast briefing schedule; (2) assign this appeal to the same judges hearing the UT appeal; and (3) allow amicus briefs to be filed jointly covering both cases. • MEUSA Summary • News Source OREGON • On 17 January 2014, in Rachel Cryer & Laurel Bowman vs. Sweet Cakes by Melissa Bakery, the OR Bureau of Labor and Industries decided that a bakery violated the civil rights of a same-gender couple by refusing to bake a cake for the women’s wedding. If the state is unsuccessful helping the parties reach a settlement, the Bureau may pursue court charges. The bakers insist that their religion compels them to unlawfully discriminate against same-gender couples. Equality opponents often cite this case when arguing that marriage equality laws eliminate religious freedom. • MEUSA Summary • News Source UTAH • On 16 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal lawsuit challenging UT’s constitutional amendment banning same-gender civil marriage, UT decided to pay $300,000 to the 3 attorneys who, with help from 2 UT state employees, will argue to ban same-gender civil marriage before the 10th Circuit U.S. Court of Appeals in March. Their fee for the U.S. Supreme Court appeal would be similar. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
VIRGINIA • On 9 January 2014, VA House Privileges and Elections Committee Chair Mark Cole (R) postponed all constitutional amendment hearings from 2014 to 2015. • MEUSA Summary • News Source UTAH • On 14 January 2014, the Salt Lake City Tribune surveyed 600 UT adults on same-gender civil marriage, and reported that 48% said yes, 48% said no, and 4% were unsure. • MEUSA Summary • News Source COLORADO • On 14 January 2014, CO Senate Bill 19 passed the Senate Finance Committee, which would allow same-gender couples who file federal tax returns as legally married to also file state tax returns using the same marital status. The bill now proceeds to a vote of the entire Senate. • MEUSA Summary • News Source IDAHO • On 14 January 2014, the ID House Revenue and Taxation Committee approved a rule denying legally married same-gender couples the right to file ID state tax returns jointly. If no lawmaker objects before the end of this legislative session, the tax rule becomes final. • MEUSA Summary • News Source ARIZONA • On 15 January 2014, AZ state Senator Steve Yarbrough (R) proposed SB-1062, a law that would legalize discrimination by any person, business, agency, or organization against anyone, whenever the perpetrator says the discrimination is related to religious beliefs. On 16 January 2014, the AZ Senate Government and Environment Committee approved it, 4 Republicans to 2 Democrats. The same law was passed by the legislature in 2012, but vetoed by Governor Jan Brewer, not for any reason related to the law, but in retaliation over a fiscal dispute with lawmakers. • MEUSA Summary • News Source UTAH • On 15 January 2014, the UT Tax Commission reversed an earlier UT decision, and confirmed that same-gender couples who got legally married in UT or elsewhere may file UT income tax returns jointly. • MEUSA Summary • News Source UTAH POLLS • On 17 January 2014, after surveying 746 UT residents, the Deseret News (owned and operated by the Mormon clergy) reported that 57% oppose it, 36% support it, and 6% are undecided; that 51% want to legalize religion-based discrimination by individuals and businesses, 40% don’t, and 9% are undecided; and that among active Mormons, 89% oppose same-gender civil marriage for anybody (people of all faiths, and people of no faith). • MEUSA Summary • News Source SOUTH CAROLINA • On 15 January 2014, SC House Minority Leader Todd Rutherford (D) filed a bill that would let same-gender couples who are legally married elsewhere file SC state income taxes jointly. • MEUSA Summary • News Source SOUTH CAROLINA • On 15 January 2014, SC House Minority Leader Todd Rutherford (D) filed a bill to repeal the 2006 constitutional amendment that banned same-gender civil marriage. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 14 January 2014, two IN city councils (Muncie, South Bend) joined three others (Indianapolis, Evansville, Bloomington) and voted to oppose any constitutional amendment that would ban same-gender civil marriage. • MEUSA Summary • News Source ARKANSAS • On 18 January 2014, Arkansas Initiative for Marriage Equality began petitioning to repeal the 2004 constitutional ban against same-gender civil marriage, via the 2016 ballot. Valid signatures are needed from at least 10% of all 2014 voters and 5% of the voters in 15 counties. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 23-29, 2013
Policy & Legal Updates
December 23 – 29, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
OHIO • On 23 December 2013, in Jim Obergefell & John Arthur v. OH Public Health Director Theodore Wymyslo, a judge ruled that OH’s ban on same-gender civil marriages (made in OH or anywhere else) is unconstitutional, and ordered OH to recognize such unions on all Death Certificates. • MEUSA Summary • News Source OKLAHOMA • On 22 December 2013, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., challenges the state constitution for denying the right to marry the person of one’s own choice, for refusing to recognize same-gender marriages performed in other states, and for other aspects of the federal Defense-of-Marriage Act, lawyers filed a brief pointing to the federal ruling two days earlier in which UT’s marriage ban was declared unconstitutional. • MEUSA Summary • News Source VIRGINIA • On 23 December 2013, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al.,a federal class action lawsuit for couples seeking full marriage equality for all VA residents, the court refused to dismiss the case, but removed the governor as a defendant. • MEUSA Summary • News Source INDIANA • On 20 December 2013, in re the marriage of Melanie Davis & Angela Summers, the IN Court of Appeals ruled that the IN ban on same-gender civil marriage cannot be used to invalidate a marriage when one spouse later changes his/her gender identity. • MEUSA Summary • News Source HAWAII • On 23 December 2013, in McDermott v. Abercrombie, HI state lawyers asked a state judge to dismiss the lawsuit seeking to overturn the 2003 Marriage Equality Act. • MEUSA Summary • News Source ILLINOIS • On 17 December 2013, in Darby v. Cook County Clerk David Orr, the state court dismissed the original 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 UTAH • On 22 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, the 10th Circuit U.S. Court of Appeals denied UT’s request to stay (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. On 23 December 2013, UT made the request again, and the Court of Appeals denied it again. • MEUSA Summary • News Source UTAH • On 23 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, U.S. district court judge denied UT’s request to stay his 20 December ruling declaring UT’s marriage ban unconstitutional. • MEUSA Summary • News Source UTAH • On 24 December, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, UT made a 4th request for a stay, and the Court of Appeals denied it, mainly because: (a) the appeal does not appear likely to succeed; (b) the lack of a stay is unlikely to cause irreparable harm to the state; and (c) the presence of a stay is likely to harm the plaintiff couples who now can marry legally. UT then announced that it will make a 5th request to the U.S. Supreme Court, where Justice Sonia Sotomayor will grant the stay, or deny the stay, or ask the full Court to decide. • MEUSA Summary • News Source UTAH • On 27 December 2013, Republican lawmakers committed about $2 million for opposing marriage equality in the U.S. Appeals Court and the U.S. Supreme Court. In the first week since the 20 December ruling, about 1,000 same-gender couples married. • MEUSA Summary • News Source TEXAS • On 26 December 2013, in Noel Freeman, et al. v. Houston, TX Mayor Anise Parker, et al., Lambda Legal file a federal lawsuit seeking to restore employee spouse benefits for same-gender spouses. • MEUSA Summary • News Source IDAHO • On 24 December 2013, in Sue Latta, et al. v. ID Governor C. L. Butch Otter, a marriage rights case, the plaintiffs asked the judge to block the state from intervening in their lawsuit. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
STATE BALLOTS & POLLS
Send questions and comments to: [email protected].
Policy and Legal Update - October 21-27, 2013
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].