Policy and Legal Update - October 7-13, 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 7 – 13, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
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 SourceSTATE 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 SourceSTATE 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 SourceSend questions and comments to: [email protected].
MEUSA and NEAT Canvass for Marriage Equality in New Jersey
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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.
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.
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].
A New Chapter in Marriage Equality Fight from the Liberty City
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Brian Silva, PA Rep. Brian Sims, Bob Sullivan (MEUSA Philly Local Organizer) at the rally after Rep. Sims spoke of the need for marriage equality in PA[/caption]
Saturday afternoon, Marriage Equality USA (MEUSA) and a number of civil rights organizations rallied at Logan Circle in Philadelphia to invigorate the late-blooming advocacy efforts for LGBT rights in Pennsylvania. Apart from raising awareness of LGBT issues, the rally marked the inaugural event for MEUSA’s newly formed Philadelphia Regional Organizing Committee (Philly–ROC) — the first local organization in the Liberty City that focuses on marriage equality issues. With Pennsylvania lagging far behind its neighboring states on LGBT rights issues — being the only Northeastern state without any form of same-sex marriage or civil union recognition — the expansion by MEUSA of the new organization is a welcome addition to LGBT advocacy groups in the Keystone State. Its strategic location in the state would certainly boost marriage equality efforts across the eastern region, with Marriage Equality for Pennsylvania (ME4PA) at present mainly having a larger presence in the western part of the state.
“Because Bill and I were married in Vermont in 2009, and have moved back home to Philadelphia since, it's important for us to work for the continuity among the states; this way when we go from state to state, we don't have to figure out if we're married or not. Now that we have an established Philly–ROC, we can bring the national agenda to our hometown, where American personal liberty were first created. The community of Philadelphia is embarassed about the current state of Pennsylvania, particularly that our neighbors have already come on board, and now it's our time,” said Bob Sullivan, local organizer for Philly–ROC.
The crowd was particularly energized to have two state representatives who amid busy schedules attended and spoke at the event: Rep. Mark Cohen, a long-time ally for the LGBT community, and Rep. Brian Sims, the first openly-gay representative in Pennsylvania. Rep. Brian Sims was honored with Equality Award by ME4PA for his outspoken advocacy on LGBT equality issues, including introducing marriage equality legislation with Rep. Steve McCarter following the Supreme Court’s rulings in June, and a legislation banning anti-gay conversion therapy for minors with Rep. Gerald Mullery. Coinciding with college campus day, the festive event attracted a lively student crowd, who among the hundreds of attendees signed up as new members for the various organizations. With New Jersey’s judge ruling on allowing same-sex marriage just announced the day before, the crowd was optimistic about the possibility of joining the ranks of their suburban neighbor in the fight for equality.
“I could not be more proud of our grassroots leaders who have worked so hard to launch Philly–ROC,” said MEUSA Executive Director Brian Silva. “We know we cannot do it alone and I am looking forward to supporting our partners in Pennsylvania.”
[caption id="attachment_425" align="alignright" width="300"]
Brian Silva, Robert Sargent (GetEqual) and Janice Rael (Delaware Valley Chapter of Americans United for Separation of Church and State or DVAU)[/caption]
The event was co-sponsored by MEUSA, ME4PA, the Delaware Valley Chapter of Americans United for Separation of Church and State (DVAU), and The Summit Coalition of LGBT Activists and Allies. It drew a long list of speakers from local to national organizations such as the Human Resource Campaign (HRC) and American Civil Liberties Union (ACLU). Among the speakers were Brian Silva (Executive director of MEUSA), David Moore (President and founder of ME4PA), Bob Sullivan (local organizer for Philly–ROC), Tom Hall (organizer for the rally), Janice Rael (local leader for DVAU), and John Hanger (Pennsylvania gubernatorial candidate).
For more information or to get involved with Philly–ROC, visit http://www.marriageequality.org/philly.
Brian Silva, PA Rep. Brian Sims, Bob Sullivan (MEUSA Philly Local Organizer) at the rally after Rep. Sims spoke of the need for marriage equality in PA[/caption]
Saturday afternoon, Marriage Equality USA (MEUSA) and a number of civil rights organizations rallied at Logan Circle in Philadelphia to invigorate the late-blooming advocacy efforts for LGBT rights in Pennsylvania. Apart from raising awareness of LGBT issues, the rally marked the inaugural event for MEUSA’s newly formed Philadelphia Regional Organizing Committee (Philly–ROC) — the first local organization in the Liberty City that focuses on marriage equality issues. With Pennsylvania lagging far behind its neighboring states on LGBT rights issues — being the only Northeastern state without any form of same-sex marriage or civil union recognition — the expansion by MEUSA of the new organization is a welcome addition to LGBT advocacy groups in the Keystone State. Its strategic location in the state would certainly boost marriage equality efforts across the eastern region, with Marriage Equality for Pennsylvania (ME4PA) at present mainly having a larger presence in the western part of the state.
“Because Bill and I were married in Vermont in 2009, and have moved back home to Philadelphia since, it's important for us to work for the continuity among the states; this way when we go from state to state, we don't have to figure out if we're married or not. Now that we have an established Philly–ROC, we can bring the national agenda to our hometown, where American personal liberty were first created. The community of Philadelphia is embarassed about the current state of Pennsylvania, particularly that our neighbors have already come on board, and now it's our time,” said Bob Sullivan, local organizer for Philly–ROC.
The crowd was particularly energized to have two state representatives who amid busy schedules attended and spoke at the event: Rep. Mark Cohen, a long-time ally for the LGBT community, and Rep. Brian Sims, the first openly-gay representative in Pennsylvania. Rep. Brian Sims was honored with Equality Award by ME4PA for his outspoken advocacy on LGBT equality issues, including introducing marriage equality legislation with Rep. Steve McCarter following the Supreme Court’s rulings in June, and a legislation banning anti-gay conversion therapy for minors with Rep. Gerald Mullery. Coinciding with college campus day, the festive event attracted a lively student crowd, who among the hundreds of attendees signed up as new members for the various organizations. With New Jersey’s judge ruling on allowing same-sex marriage just announced the day before, the crowd was optimistic about the possibility of joining the ranks of their suburban neighbor in the fight for equality.
“I could not be more proud of our grassroots leaders who have worked so hard to launch Philly–ROC,” said MEUSA Executive Director Brian Silva. “We know we cannot do it alone and I am looking forward to supporting our partners in Pennsylvania.”
[caption id="attachment_425" align="alignright" width="300"]
Brian Silva, Robert Sargent (GetEqual) and Janice Rael (Delaware Valley Chapter of Americans United for Separation of Church and State or DVAU)[/caption]
The event was co-sponsored by MEUSA, ME4PA, the Delaware Valley Chapter of Americans United for Separation of Church and State (DVAU), and The Summit Coalition of LGBT Activists and Allies. It drew a long list of speakers from local to national organizations such as the Human Resource Campaign (HRC) and American Civil Liberties Union (ACLU). Among the speakers were Brian Silva (Executive director of MEUSA), David Moore (President and founder of ME4PA), Bob Sullivan (local organizer for Philly–ROC), Tom Hall (organizer for the rally), Janice Rael (local leader for DVAU), and John Hanger (Pennsylvania gubernatorial candidate).
For more information or to get involved with Philly–ROC, visit http://www.marriageequality.org/philly.