Policy and Legal Update - December 16-22, 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
December 16 – 22, 2013NATIONAL 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. • MapNATIONAL POLLS
NATIONAL LEGISLATION
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 SourceSTATE 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 SourceSTATE 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 SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 9-15, 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
December 9 – 15, 2013NATIONAL MAP
NATIONAL POLLS
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
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 SourceSTATE 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 SourceSTATE 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 SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 2-8, 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
December 2 – 8, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
PENNSYLVANIA • On 2 December 2013, in Pennsylvania Health Department v. Montgomery County Court Clerk Bruce Hanes, lawyers for Hanes urged the PA Supreme Court to overturn the order that stopped Hanes from issuing any more same-gender civil marriage licenses. • MEUSA Summary • News Source WASHINGTON • On 3 December 2014, in Michael Hall, et al. v. BNSF Railway Company, two legally married same-gender couples filed a federal suit to obtain spouse health insurance coverage for themselves and all other workers because although same-gender civil marriage is legal in WA, the employer refuses to comply. • MEUSA Summary • News Source MISSISSIPPI • On 2 December 2013, in Lauren Beth Czekala-Chatham v. Dana Ann Melcon, a state judge refused to grant Ms. Czekala-Chatham a divorce involving property, alimony, children, and inheritance (because MS doesn’t recognize legal same-gender civil marriages from any jurisdiction), and Czekala-Chatham said she is appealing the ruling. • MEUSA Summary • News Source LOUISIANA • On 3 December 2014, LA Army National Guard Lt. Col. Michael Mazmierzak confirmed that LA now issues same-gender spouse benefits by using federal personnel, funds, and systems for processing applications, leaving only GA and MS still unlawfully denying benefits. • MEUSA Summary • News Source WASHINGTON • On 3 December 2013, in Michael Hall, et al. v. BNSF Railway Company, two legally married same-gender couples filed a federal suit to obtain spouse health insurance coverage for themselves and all other workers because although same-gender civil marriage is legal in WA, employer BNSF refuses to comply. On 4 December 2013, America’s largest freight rail carriers (BNSF, Norfolk Southern, Union Pacific, CSX, and others) announced they will all provide health care benefits to same-gender spouses of their workers, starting 1 January 2014. • MEUSA Summary • News Source LOUISIANA • On 2 December 2013, in Jonathan Robicheaux and Derek Pinton, et al. v. LA Attorney General James Caldwell, two couples challenging the LA bans on same-gender civil marriage asked the court to reconsider its dismissal, and to allow the addition of another defendant.STATE LEGISLATION & POLLS
NEBRASKA • On 3 December 2013, Douglas County, NE extended all benefits, starting 1 January 2014, to same-gender spouses of workers who are legally married in other states. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 3 December 2013, 13 IN mayors (7 Democrats and 6 Republicans from Anderson, Angola, Bloomington, Carmel, Evansville, Fort Wayne, Hammond, Indianapolis, Kokomo, Lafayete, South Bend, Valparaiso, West Lafayette) opposed banning same-gender civil marriage via the state constitution. • MEUSA Summary • News Source OREGON • On 7 December 2013, Oregon United for Marriage annouced it had collected more than the 116,284 signatures needed to put marriage equality on the 2014 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - November 18-24, 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
November 18 – 24, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
NEBRASKA • On 22 April 2013, in Harold Wilson & Gracy Sedlak v. State of Nebraska Correctional Services Department, et al., prison inmate Harold Wilson and his transgender partner and ex-prisoner Gracy Sedlak sued for visitation and marriage rights despite the 2000 NE constitutional ban on same-gender marriage. On 7 November, a federal district court dismissed the suit. • MEUSA Summary • News Source TENNESSEE • On 19 November 2013, in Valeria Tanco, et al. v. TN Governor William Haslam et al.,National Center for Lesbian Rights attorneys representing 4 legally married, same-gender couples asked a federal court for immediate protection of their families while their lawsuit challenging the TN marriage ban proceeds. • MEUSA Summary • News Source HAWAII • On 15 November 2013, in McDermott v. Abercrombie, a state judge denied Republican state Representative Bob McDermott's request for a Temporary Restraining Order, allowed same-gender civil marriages to start on 2 December 2013, and did not rule on the underlying case about the meaning of a 15-year old, marriage-related constitutional amendment, which is proceeding. • MEUSA Summary • News Source ARKANSAS • On 7 November 2013, in John Moix v. Libby Moix, the AR Supreme Court considered reversing a county judge’s restriction barring John Moix, represented by ACLU Arkansas, from letting his gay partner stay overnight when John’s son is visiting. On 21 November 2013, the AR Supreme Court ruled in favor of John Moix, and halted the statewide policy of always banning child visitation with any parent who lives with an unmarried partner, regardless of individual circumstances. • MEUSA Summary • News Source TEXAS • On 22 November 2013, Army National Guard Bureau General Frank Grass, under orders from Secretary of Defene Chuck Hagel, met with state generals and notified them that all service members and spouses must receive 100% of the federally funded ID cards and federally funded benefits that they have earned, regardless of any state-level bans on same-gender civil marriage. • MEUSA Summary • News Source PENNSYLVANIA • On 22 November 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett et al., a federal lawsuit by 23 people challenging the 1996 PA law that bans same-gender marriage for residents, and that ignores out-of-state same-gender marriages, the judge rejected a request to delay the case, and set a trial date of 9 June 2014, but the former state Supreme Court justice defending the state said he is appealing the district court’s refusal to dismiss the case to the 3rd U.S. Circuit Court of Appeals. • MEUSA Summary • News Source WEST VIRGINIA • On 22 November 2013, 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 WV Attorney General announced that he will defend the WV ban on same-gender civil marriage. • MEUSA Summary • News Source FLORIDA • On 22 November 2013, in John Becker v. University of Central Florida, FL hired former state Supreme Court Chief Justice Charles Wells to fight the release of over 50,000 public records related to the publication of a widely discredited, anti-LGBT parenting study. Also, Judge Donald Grincewicz who had handled the case since its start in spring 2013, inexplicably recused himself from further involvement, and an appellate court granted a stay in the case until a replacement judge is appointed. The study is cited more often than any other by anti-LGBT groups worldwide, and the author is scheduled to testify in February that children of same-gender parents are less successful than children of mixed-gender parents inApril DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
MINNESOTA • On 15 November 2013, the eighth federally recognized Native American tribe began marrying same-gender couples, as the Leech Lake Band of Ojibwe, of the Minnesota Chippewa Tribe, witnessed its first such marriage, between native American Arnold Dahl and his new husband Matthew Wooley. • MEUSA Summary • News Source ILLINOIS • On 20 November 2013, in Chicago, IL, at a desk once used by President Abraham Lincoln, Governor Quinn signed a bill that upgrades the civil union law to a full marriage equality law, while at a cathedral in Springfield, IL, Bishop Thomas Paprocki condemned equality, called same-gender marriage a grave, demonic, evil sin, and publicly performed an official Roman Catholic Exorcism (2004 Latin Edition) to cast Satan out of Illinois. • MEUSA Summary • News Source TEXAS • On 20 November 2013, Houston, TX began issuing life/health insurance to legally married same-gender spouses of municipal employees, per the city attorney’s legal opinion that it is unconstitutional to deny equal protection under the law. • MEUSA Summary • News Source GEORGIA • On 4 August 2013, Public Policy Polling surveyed 520 Georgia voters on same-gender civil marriage, and reported that 32% support it, 60% oppose it, and 9% are unsure. Separately, 28% of voters support full marriage, 29% support civil unions only, 39% oppose all legal recognition, and 3% are unsure. • MEUSA Summary • News Source GEORGIA • On 23 September 2013, Atlanta Journal-Constitution newspaper surveyed 801 Georgia adults about same-gender civil marriage, and reported that 48% favor it, 43% oppose it, and 9% don’t know or do not answer. • MEUSA Summary • News Source KENTUCKY • On 21 November 2013, Lexington, KY joined Berea, Louisville, and Covington when the Urban County Council voted unanimously to offer domestic partner benefits to city employees. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
VIRGINIA • On 18 November 2013, VA state Senator Adam Ebbin and VA state Delegate Joseph Morrissey introduced bills to repeal the 2006 constitutional ban on same-gender civil marriage. If lawmakers approve both bills during the 2014 and the 2016 sessions, a voter referendum would occur in November 2016. • MEUSA Summary • News Source OREGON • On 19 November 2013, Nike created the Nike Equality Political Action Committee, a foundation that raises funds to help Oregon United For Marriage upgrade civil unions to full equality at the ballot box in November 2014. The company and its executives already donated $280,000. • MEUSA Summary • News Source OREGON • On 21 November 2013, two anti-LGBT organizations (Friends of Religious Freedom, Oregon Family Council) filed a ballot measure to legalize discrimination against same-gender couples seeking commercial wedding services whenever the discriminators use religion as their excuse. If the wording is approved by state officials, the sponsors would have to gather 87,213 valid signatures to get the measure on the November 2014 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - November 4-10, 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
November 4 – 10, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
WEST VIRGINIA & TEXAS • On 1 November 2013, the WV Army National Guard confirmed that it is now processing ID cards at state facilities for same-gender couples. • MEUSA Summary • News Source FLORIDA & TEXAS • On 5 November 2013, the FL Army National Guard began issuing full benefits to same-gender couples by using only federal facilities to process benefit applications. • MEUSA Summary • News Source CALIFORNIA • On 4 November 2013, in Michael Dragovich v. U.S. Treasury, U.S. IRS and CalPERS,the Ninth U.S. Circuit Court of Appeals vacated part of an earlier decision, and sent the case back to U.S. district court to reconsider recent legal changes affecting same-gender domestic couples who: live out of CA, can’t marry because of impairment, can’t marry because one partner died, delay marriage, don’t marry, or who want remedies because they were denied marriage in the past. • MEUSA Summary • News Source HAWAII • On 7 November 2013, in McDermott v. Abercrombie, an Oahu, HI circuit judge refused to stop the HI legislature from passing a same-gender civil marriage bill, and told Republican state Representative Bob McDermott that he could return to court once the legislation is passed to pursue his case. • MEUSA Summary • News Source ARKANSAS • On 7 November 2013, in John Moix v. Libby Moix, the AR Supreme Court considered reversing a county judge’s restriction barring John Moix from letting his gay partner stay overnight when John’s son is visiting. • MEUSA Summary • News Source FLORIDA • On 7 November 2013, in D.M.T. v. T.M.H., the FL Supreme Court ruled that a woman who donated an egg to her lesbian partner now has parental rights regarding the 8-year old child, including custody and visitation. • MEUSA Summary • News Source IDAHO • On 7 November 2013, in Sue Latta, et al. v. ID Governor Butch Otter, four lesbian couples, represented by National Center for Lesbian Rights and Boise, ID attorneys Deborah Ferguson and Craig Durham, filed a federal lawsuit challenging the 2006 state constitutional amendment and multiple Idaho laws which ban same-gender civil marriage and civil union. • MEUSA Summary • News Source NEW MEXICO • On 8 November 2013, in Elane Photography v. Vanessa Willock, a photographer asked the U.S. Supreme Court: (1) to reverse prior decisions (NM Civil Rights Commission, NM district court, NM appeals court, NM Supreme Court) that fined her for violating the NM Human Rights Act and refusing to photograph a lesbian wedding, and (2) to approve commercial discrimination against same-gender couples as a religious practice. Equality opponents cite this case more than any other case when arguing that marriage equality reduces religious freedom. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
MONTANA • On 24 October 2013, Montana State University surveyed 410 adult residents regarding same-gender civil marriage, and reported that 46% support, 42% oppose, and 11% are undecided. • MEUSA Summary • News Source ILLINOIS • On 4 November 2013, 300 clergy members and faith leaders wrote to IL House members and urged passage of the same-gender civil marriage bill. • MEUSA Summary • News Source SOUTH CAROLINA • On 3 November 2013, Winthrop University surveyed 887 SC adults on same-gender civil marriage, and reported that 52% oppose it, 39% support it, 6% are unsure, and 3 refuse to answer. • MEUSA Summary • News Source ILLINOIS • On 5 November 2013, the IL House approved the equal marriage bill, the Senate concurred, the Governor said he will sign it on 20 November 2013, which would allow marriages to start on 1 June 2014. • MEUSA Summary • News Source HAWAII • On 5 November 2013, a HI state House committee finished hearing testimonty from over 5,184 citizens, and voted to advance the equal marriage bill for a full House vote. On 8 November 2013, the HI House of Representatives passed the equal marriage bill, 30-to-19. The Senate’s approval of changes made in the House is expected in a 21-to-4 vote on 12 November, followed by the governor’s promised signature, and the start of same-gender civil marriages on 2 December 2013. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
WISCONSIN • On 30 October 2013, Marquette Law School surveyed 400 WI voters, and reported that53% support same-gender civil marriage, 24% favor civil union, 19% oppose any legal recognition at all, and 4% are unaccounted for. • MEUSA Summary • News Source ARKANSAS • On 7 November 2013, the AR attorney general approved the Arkansas Initiative for Marriage Equaliy ballot measure to repeal the existing 2004 ban on same-gender civil marriage, and also to legalize such unions, via the 2016 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - October 28-November 3, 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
28 October – 3 November, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
PENNSYLVANIA • On 25 October 2013, in Barbara Baus v. Pennsylvania, Ms. Baus objected to paying a 15% tax of about $11,000 for inheriting the estate of her wife Catherine Burgi-Rios. • MEUSA Summary • News Source PENNSYLVANIA • On 30 October 2013, in Nancy Nixon v. PA Department of Revenue, Ms. Nixon sought to overturn a $21,000 inheritance tax bill on the estate of her partner Jeanne Schwartz. • MEUSA Summary • News Source VIRGINIA • On 29 October 2013, in Joanne Harris, et al. v. Virginia Governor Robert McDonnell et al., federal judge Michael Urbanski considered whether: (1) to certify the case of two couples as a class action representing all same-gender couples in VA; and (2) whether to dismiss the governor and a circuit court clerk as defendants, leaving only the state vital records registrar. Merits of the case are scheduled for argument on 3 January 2014. • MEUSA Summary • News Source TEXAS • On 28 October 2013, in Marc Pharris, et al., v. Texas, two same-gender couples filed a federal class action lawsuit for all TX couples, challenging the 2005 TX constitutional ban on marriage inside and outsdie TX. • MEUSA Summary • News Source VIRGINIA • On 29 October 2013, in Joanne Harris, et al. v. Virginia Governor Robert McDonnell et al., the original date for arguing the merits of this federal class action case (3 January 2014) was canceled, and it may be re-scheduled. • MEUSA Summary • News Source MISSOURI • On 29 October 2013, in Kelly Glossip v. MO Highway Patrol, in a 5-to-2 ruling, the MO Supreme Court decided that deceased Highway Patrolman Dennis Engelhard’s same-gender partner, Kelly Glossip, is ineligible for spouse survivor benefits because MO’s constitution and laws ban same-gender spouses. • MEUSA Summary • News Source COLORADO • On 30 October 2013, in Rebecca Brinkman and Margaret Burd v. Colorado, a same-gender couple represented by attorney Ralph Ogden, sued in state court to challenge CO’s 2006 constitutional ban on same-gender civil marriage and statutory ban offering only civil union. • MEUSA Summary • News Source TEXAS • On 31 October 2013, in Alicia Butler & Judith Chedville vs. Texas, Defense Secretary Chuck Hagel directed Army National Guard units nationwide to process benefit applications for all personnel with same-gender spouses, regardless of local marriage laws, especially at the 114 bases in FL, GA, IN, LA, MS, OK, SC, TX, and WV. • MEUSA Summary • News Source HAWAII • On 31 October 2013, Republican state Representative Bob McDermott filed a lawsuit in state circuit court to get a judge to: (1) declare that a 1998 constitutional amendment restricted marriage to mixed-gender couples only, and (2) halt the special legislative session ordered by the governor for the purpose of passing a marriage equality bill. But the governor, attorney general, and most lawmakers say that the amendment gave lawmakers control over all possible decisions on both mixed-gender and same-gender civil marriage. • MEUSA Summary • News Source PENNSYLVANIA • On 1 November 2013, in Deb & Susan Whitewood v. PA Governor Tom Corbett,Washington County, PA Attorney General Kathleen Kane, and PA Governor Tom Corbett all were dismissed as defendants, and Revenue Secretary Dan Meuser and Health Secreatary Michael Wolf were added. • MEUSA Summary • News Source OHIO • On 1 November 2013, in Jim Obergefell & John Arthur v. Ohio, a federal judge ruled that a suit seeking to recognize same-gender marriages on OH death certificates can proceed, and that OH funeral director Robert Grunn can remain one of the plaintiffs, which will ensure that the outcome (expected in December 2013) applies to every OH same-gender couple married outside of OH. • MEUSA Summary • News Source TEXAS • On 1 November 2013, in Alicia Butler & Judith Chedville vs. Texas, the Indiana Army National Guard confirmed that it has been processing benefits for same-gender couples since 1 October, and that even though some applications were temporarily delayed, no benefits were ever denied, and no federal law was broken. • MEUSA Summary • News Source INDIANA • On 31 October 2013, in A.C. vs. N.J., the IN Court of Appeals classified non-biological mothers the same as former stepparents/grandparents, and repeated a 2004 recommendation that new child custody laws are needed (over 75% of IN families are non-traditional, but the law does not recognize their existence, and it bans same-gender couples). • MEUSA Summary • News Source KENTUCKY • On 25 October 2013, in Romero v. Romero, Alysha Romero filed suit in KY Family Court to be divorced from Rebecca Sue Romero, whom she legally married in MA in 2009. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
VIRGINIA • On 28 October 2013, Richmond, VA City Council voted to extend benefits to the spouses of city employees in same-gender couples, as soon as same-gender civil marriage is legalized statewide. • MEUSA Summary • News Source HAWAII • On 29 October 2013, the HI Senate Judiciary & Labor Committee held hearings and voted, 5-to-2, to advance the same-gender civil marriage bill to the full Senate, which passed it on a 20-to-4 vote, after which it went to the House Judicicary and Finance Committee for hearings, committee votes, and a House vote the week of 3 November. If approved, the proposed law could allow nuptials to begin by 18 November 2013. • MEUSA Summary • News Source ILLINOIS • As of 29 October 2013, every major IL newspaper had endorsed the same-gender civil marriage bill, and 17 IL mayors had written to lawmakers urging passage. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
ARKANSAS • On 29 October 2013, the AR Attorney General rejected the fourth version of a proposed ballot measure which could repeal the 2004 ban on same-gender civil marriage and also legalize it. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - October 21-27, 2013
Marriage Equality USA Projects Manager Ned Flaherty closely monitors marriage equality polls, ballots, laws, and lawsuits nationwide, and keeps the MEUSA website updated with changes in these areas on a near-daily basis. Every Monday we update you via our blog with policy and legal updates covering the preceding week.
You may always find the most up-to-date information, including changes that have taken place between these weekly posts, on the Current Policy & Legal Status page on the MEUSA website.
Send questions and comments to: [email protected].
Policy & Legal Updates
October 21 – 27, 2013NATIONAL MAP
NATIONAL POLLS
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On 24 October 2013, Harris Interactive surveyed 2,577 adults (representatively chosen by age, sex, race, education, region, income) regarding public attitudes toward LGBT people, and regarding marriage equality 67% say it’s inevitable (34% strongly, 34% somewhat), 25% say it isn’t (11% somewhat, 14% strongly), and 8% declined to answer. • Survey Details
NATIONAL LEGISLATION
LAWSUITS
NEW JERSEY • On 21 October 2013, in Garden State Equality, et al. v. NJ Attorney General Paula Dow, et al., Governor Christie withdrew his appeal of the Superior Court decision to start issuing same-gender civil marriage licenses, and in doing so he removed the last possible obstacle to marriage equality in NJ. • MEUSA Summary • News Source TENNESSEE • On 21 October 2013, in Valerica Tanco, et al. v. TN Governor William Haslam, et al.,four legally married same-gender couples filed suit in U.S. District Court in Nashville, in a constitutional challenge to the TN law that bans recognition of their marriages. • MEUSA Summary • News Source OHIO • On 22 October 2013, in Jim Obergefell & John Arthur v. Ohio, John Arthur passed away, after he and husband Jim Obergefell flew to Maryland, married, and then won a temporary order from a federal judge which forced OH to recognize their out-of-state marriage on Mr. Arthur’s death certificate. • MEUSA Summary • News Source WEST VIRGINIA • On 23 October 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., a challenge to the state law that bans marriage equality, the U.S. District court gave clerks from Kanawha and Cabell counties up to 60 extra days to respond to the suit, so that WV Attorney General Patrick Morrisey can decide whether to intervene. • MEUSA Summary • News Source WISCONSIN • On 23 September 2012, in Julaine Appling, et al., v. WI Governor Scott Walker, et al., 7 WI Supreme Court justices heard arguments, considered altering the existing domestic partner law, and adjourned without a decision, which is expected by summer 2014. • MEUSA Summary • News Source HAWAII • On 25 October 2013, 12 of the first 15 states with marriage equality (CA, CT, DC, DE, IA, MA, MD, ME, NH, NY, VT, WA) plus IL, NM, and OR filed a brief urging the U.S. Ninth Circuit Court of Appeals to strike down gay marriage bans in HI and NV. • MEUSA Summary • News Source NEVADA • On 25 October 2013, 12 of the first 15 states with marriage equality (CA, CT, DC, DE, IA, MA, MD, ME, NH, NY, VT, WA) plus IL, NM, and OR filed a brief urging the U.S. Ninth Circuit Court of Appeals to strike down gay marriage bans in HI and NV. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
ILLINOIS • On 21 October 2013, Fako & Associates surveyed registered likely IL voters on marriage equality, and reported that 52% support it, including 66% of Roman Catholics, 55% of African Americans, and 63% of Latinos. • MEUSA Summary • News Source HAWAII • On 21 October 2013, the Honolulu Civil Beat newspaper surveyed 819 registered HI voters on same-gender civil marriage, and reported that 44% support it, 44% oppose it, and 12% are undecided. • MEUSA Summary • News Source NEW JERSEY • Even after the NJ Supreme Court decided to authorize same-gender civil marriages, NJ lawmakers still might revise statutes regarding: (1) conversion of civil unions into marriages; (2) facility rentals from religious organizations; and (3) recognizing out-of-state marriages in NJ. • MEUSA Summary • News Source OKLAHOMA • On 10 October 2013, the combined Cheyenne and Arapaho Tribes of western Oklahoma issued their first same-gender civil marriage license to Jason Pickel and Darren Black Bear. In 2004, such marriages were banned by statute and by constitution in the rest of OK. • MEUSA Summary • News Source NEW JERSEY • On 21 October 2013, Rutgers-Eagleton surveyed 799 registered NJ voters regarding marriage equality, and reported that 61% support it, 27% oppose it, and 12% are unsure. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
IOWA • On 24 October 2013, the nonpartisan Brennan Center for Justice, National Institute on Money in Politics, and Justice at Stake reported that activists spent $833,000 ($466,000 anti-LGBT + $367,000 pro-LGBT) to persuade voters whether to retain an Iowa Supreme Court judge who in 2009 ruled in favor of same-gender civil marriage. On 6 November 2012, voters retained Justice Wiggins by a 55%-to-45% margin. • MEUSA Summary • News Source OREGON • On 6 November 2013, San Francico non-profit leader Mike Marshall takes over leadership of Oregon United for Marriage. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - October 14-20, 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 14 – 20, 2013NATIONAL 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
NATIONAL POLLS
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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
NATIONAL LEGISLATION
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 SourceSTATE 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 SourceSTATE 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 SourceSend questions and comments to: [email protected].
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].
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].