Policy and Legal Update - March 17-24, 2014
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
March 17 – 23, 2014NATIONAL MAP
NATIONAL POLLS
STATE POLLS
- PENNSYLVANIA • On 3 March 2014, Quinnipiac University surveyed 1,405 registered PA voters regarding same-gender civil marriage, and reported that 57% support it, 37% oppose it, and 6% don’t know or don’t answer. • MEUSA Summary • News Source
NATIONAL LEGISLATION PENDING
- On 26 April 2013, U.S. Representative Aaron Schock (R-IL) introduced the Equitable Access to Care and Health Act (HR-1814), which would excuse a citizen from the federal law requiring the purchase of health insurance whenever that citizen claims a religious belief, and on 6 May 2013, U.S. Senator Kelly Ayotte (R-NH) introduced the Senate version (S. 862). On 11 March 2014, the U.S. House of Representatives skipped Committee review, and passed HR-1814 on a voice-only vote. Lawmakers favoring it include 226 Representatives (145 Republican, 81 Democrat), and 32 Senators (16 Republican, 15 Democrat, 1 Independent). Based on history, the chance of enactment is 24%. • MEUSA Summary • News Source
NATIONAL LEGISLATION ENACTED
LAWSUITS PENDING
PENNSYLVANIA • 18 March 2014, in Cara Palladino & Isabelle Barker v. PA Governor Corbett et al.,a federal suit about marriage recognition, the court scheduled oral arguments for 28 May 2014. • MEUSA Summary • News Source TEXAS • On 7 March 2014, in Cleopatra De Leon, et al., v. TX Governor Rick Perry et al.,a federal class action lawsuit for all TX couples challenging the 2003 law and the 2005 TX constitutional ban on marriage inside and outside TX, the preliminary injunction against the TX same-gender civil marriage bans while the district court case is proceeding was appealed by TX to the 5th Circuit U.S. Court of Appeals, and the district court case proceedings were stayed pending the appeal ruling. • MEUSA Summary • News Source TEXAS • On 12 March 2014, in Shannon Zahrn, et al. v. TX Governor Rick Perry, et al., a federal class action suit seeking equal marriage rights for all TX couples, and challenging the TX statutory and constitutional bans on same-gender civil marriage, TX asked the court to stay proceedings in this case pending the outcome at the 5th Circuit of Cleopatra De Leon, et al., v. TX Governor Rick Perry et al. • MEUSA Summary • News Source TEXAS • On 12 March 2014, in Christopher McNosky, et al. v. TX Governor Rick Perry, et al., a federal class action suit seeking equal marriage rights for all TX couples, and challenging the TX statutory and constitutional bans on same-gender civil marriage, TX asked the court to stay proceedings in this case pending the outcome at the 5th Circuit of Cleopatra De Leon, et al., v. TX Governor Rick Perry et al. • MEUSA Summary • News Source TEXAS • On 18 February 2014, In the Matter of the Marriage of A.L.F.L. and K.L.L., Allison Leona Flood Lesh and Kristi Lyn Lesh filed for divorce and child custody. A hearing is scheduled for 20 March 2014. • MEUSA Summary • News Source TENNESSEE • On 18 March 2014, in Valeria Tanco, et al. v. TN Governor William Haslam, et al., a constitutional challenge to the TN law that bans recognition of same-gender civil marriages, the TN attorney general: (1) asked for a stay of the injunction requiring TN to recognize the civil marriages of 3 same-gender couples, and (2) notified the 6th Circuit U.S. Court of Appeals that TN is appealing the order requiring recognition of marriages made elsewhere. On 20 March 2014, the court denied the state’s request. • MEUSA Summary • News Source KENTUCKY • On 20 March 2014, in Timothy Love, et al. v. Kentucky Governor Steve Beshear (formerly Gregory Bourke & Michael De Leon, et al. v. Kentucky Governor Steve Beshear), a federal lawsuit challenging KY’s ban on recognizing same-gender couples married elsewhere, the court stayed enforcement of its final order (requiring KY to recognize marriages performed elsewhere) pending the outcome from the 6th Circuit U.S. Court of Appeals. Briefing on the intervening couples’ claims is slated to finish by 28 May 2014. • MEUSA Summary • News Source WISCONSIN • On 20 March 2014, in Virginia Wolf & Carol Schumacher, et al., v. WI Governor Scott Walker, et al., a federal lawsuit for 4 couples challenging the 2006 WI ban on same-gender civil marriage or civil union, and WI’s unique ban on marrying elsewhere, for which each spouse faces up to $10,000 in fines and 9 months in prison as soon as they return to WI, WI DoJ claimed that existing mixed-gender marriage rights don’t include same-gender marriage rights, and asked that the case be dismissed. • MEUSA Summary • News Source ARKANSAS • The case of Kendall Wright, et al. v. AR Governor Michael Beebe, et al., in which 21 same-gender couples challenge the 2004 AR constitutional ban on same-gender civil marriage, the state law banning same-gender civil marriage, the federal law allowing states to ignore same-gender marriages from other states, and recognition of parental rights, birth certificate names, insurance, and other benefits, is scheduled for oral argument on 17 April 2014. • MEUSA Summary • News Source VIRGINIA • On 20 March 2014, in Timothy Bostic, et al. vs. VA 4th Circuit Court Clerk George Schaefer, et al., a federal lawsuit challenging VA’s 2006 ban on same-gender marriage, and out-of-state marriage recognition, the 4th Circuit U.S. Court of Appeals confirmed the hearing of oral arguments on 13 May 2014 from attorneys for the original plaintiffs, assisted by attorneys from Lambda Legal and ACLU (in Joanne Harris, et al. vs. VA State Registrar Janet Rainey, et al., a certified class action case). • MEUSA Summary • News Source MICHIGAN • On 21 March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al.,a challenge to the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the court: (1) overturned the law and constitutional amendment that banned same-gender civil marriage in MI, (2) said that MI testimony calling same-gender parents inferior was "entirely unbelievable and not worthy of serious consideration," and (3) said that no available science contradicts the consensus that same-gender and mixed-gender couples are equally good at parenting. • MEUSA Summary • News Source MICHIGAN • On 22 March 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al.,a challenge to the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, officials in at least 5 counties married over 300 county-resident, same-gender couples until 5:00 p.m., when the 6th Circuit U.S. Court of Appeals issued a temporary stay, effective through Tuesday, 26 March 2014. • MEUSA Summary • News Source HAWAI'I • On 19 March 2014, in Natasha Jackson, et al., v. Governor Neil Abercrombie, et al., a marriage rights case, the 9th Circuit U.S. Court of Appeals requested an opening brief by 25 April 2014, an answering brief by 27 May 2014, and an optional reply brief 14 days after delivery of the answering brief. Lawamkers legalized same-gender civil marriage in 2013, but the court still wants to ensure an orderly disposition of the appeal for future reference. • MEUSA Summary • News SourceLAWSUITS RESOLVED
STATE LEGISLATION PENDING
GEORGIA • On 3 March 2014, SB-377, which would allow religious belief to excuse violating federal health care laws, died in the GA legislature for 2014. • MEUSA Summary • News Source SOUTH DAKOTA • By 14 March 2014, SB-128 (which would legalize religion-based discrimination against LGBT people in 4 settings: (1) employment; (2) public accommodation; (3) commercial services; and (4) state courts) died in the 2014 SD legislature, after a 5-to-2 vote by the SD Senate Judiciary Committee defeated it. • MEUSA Summary • News Source CALIFORNIA • On 14 March 2014, CA initiative #13-0014 (which would exempt a citizen from any law that conflicts with that citizen’s religious bible-based beliefs, and would modify the CA constitution to protect religious expression even when it violates peace and safety) failed to collect 807,615 valid signatures for the November 2014 ballot. • MEUSA Summary • News SourceSTATE LEGISLATION ENACTED
STATE BALLOT MEASURES
Send questions and comments to: [email protected].
Policy and Legal Update - 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].