Why Marriage Matters...It's About Family
I never thought marrying Maggie would set us on the path to be one of the faces for Marriage Equality outside of our circles. Sure, we experienced fear & a sense of disappointment that people were attacking us personally & OUR family after Prop 8 was passed a few days after we married 1 Nov 2008. We had some anxiety as we awaited the decision from the CA State Supreme Court to continue to recognize our marriage & the marriage of the other 18,000 same sex couples who married during the 142 days it was legal. We had discussions, debates & arguments with some family members & members of our communities as we wanted to make sure ALL Californians had the same rights & responsibilities of marriage. But we otherwise continued to live our lives, love each other, & be active in communities we loved. We were just like any other newlywed couple.
I received a phone call from my doctor a few months after our nuptials. Some abnormal lesions were discovered in my brain during an MRI. After more tests, more evaluations, 2 spinal taps, dozens of neurological visits & a trip to the ER 11 hrs before a good friend's wedding, we had confirmation. This was MS. It was determined to be caused by my military service. MS robs people of movement, & can affect any part daily life, from speech to vision, balance to memory, loss of motor function to loss of independence. It affects the brain & Central Nervous System. There is no cure.
There is only medication to slow down the disease's progression. And I was scared, because having this disease brought up what I saw my Mom go through as she fought MS for 20yrs. It also reminded me of how my stepfather took care of Mom when she started going downhill, & how my Mom took care of him in life & after she died at 51 because they were married. My Pop is still benefiting from my Mom's pension, Social Security benefits, & health insurance because they were married to each other.
Like my Mom, I wanted to make sure I had my end of life matters in order so Maggie would be provided for when something happened to me. That sounds sobering for most 38 yr olds, but I had to do this a few times when I was in the Army from the time I was 19 until I was 30. As a disabled veteran, I knew that my wife would be eligible for benefits I earned because of my military service. I wanted Maggie buried with me in a Veteran's Cemetery when the time came. But I found out that if something happened to me, my wife wouldn't be recognized as such by the country I fought to defend. While I was alive, & even in death, the Defense of Marriage Act would deny her the VA benefits any heterosexual spouse of a veteran receives. My wife couldn't be buried with me at any Veterans Cemetery, even here in California, because they took federal monies to help with the Cemetery. They had to follow federal law.
I was angry. Really, we couldn't be buried together?! It's not like the neighbors are going to walk out, or people who come to pay their respects to their loved ones are going to boycott-everyone's DEAD! Why should this even matter? Maggie was going to be taking care of me as this disease progressed, & making sure she had the same benefits as any other spouse was the least I could do for her. I had to fight for her because she is the best thing that's happened to me. And she deserves everything I can give her.
It was time to funnel my anger to make a change. With the initial help from another Army Veteran named Wendi, I asked the VA to recognize my wife as my dependent. It was the fastest denial letter I had ever received or heard of. Two weeks after I sent my request, it was denied. A month after that, I appealed that decision. It was denied again, & the VA asked who would be representing me as my legal counsel if I wanted to continue this fight. I took this as a challenge, & got a civil rights powerhouse stand up for our family.
With the help of Southern Poverty Law Center (SPLC) & WilmerHale, we filed a federal lawsuit against section 3 of DOMA & Title 38 of the VA so my wife would be treated as any other married spouse of a disabled veteran would on 1 February 2012. We were taken aback when we actually saw our lawsuit, "Cooper-Harris vs USA". We shared our story with the news, media, social networks why marriage mattered, why it made no sense to treat our marriage differently than any other marriage because we are 2 women. And our family & friends rallied around us, sharing our story & why they supported our fight. If we had to be the face of this inequity to get the conversation started & get things changed, so be it.
Our lawsuit ended about a month after the SCOTUS decision on Edie Windsor's case [July 2013]. The US District Court ruled that the VA had to treat my wife as my dependent since section 3 of DOMA was ruled unconstitutional 29 August 2013. Attorney General Eric Holder cited our case along with the SCOTUS decision on Windsor as reason they would not continue to uphold Title 38's definition of spouse for veterans in same sex marriage in a letter to Congress in September 2013. The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives cited our case as dropping their defending DOMA in federal court. And we finally got the letter from the VA February 2014, 2yrs after we started this fight, that officially recognizes Maggie as my wife.
I know we still have a ways to go. Other veterans in same sex marriages living in non marriage equality states are in limbo as the Dept of Justice & VA work out how to provide benefits, since the VA is still going by where the couple resides instead of where the marriage took place for VA benefits. We still have 30+ US States that deny marriage to same sex couples.
Our story is one of many. And the more that our stories are heard, the more our families will benefit. It's about the love we share, the love I have for my fellow veterans, & the love I have for this country. Because we all are part of this larger family, & we are here to help one another.
Maggie and Tracey Cooper-Harris reside in Southern, California, where they have both served as active and effective advocates for marriage equality. We acknowledge and thank Tracey for her service to our country.
Policy and Legal Update - January 6-12, 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
January 6 – 12, 2014NATIONAL MAP
- On 7 January 2014, the David Pakman TV-radio show reported on national marriage equality progress provided by MEUSA’s Ned Flaherty. • News Source
NATIONAL POLLS
NATIONAL LEGISLATION
- On 9 January 2014, U.S. Representative Randy Weber (R-TX) introduced the State Marriage Defense Act of 2014 (H.R. #3829), which would: (1) force the federal government to ignore the legal civil marriages of same-gender couples who reside in any state that ignores such marriages; and (2) always dissolve or restore the legal civil marriage of every same-gender couple whenever one or both spouses cross a state border, and the state of entry treats same-gender couples differently than the state of exit. Lawmakers favoring it include 28 Representatives (all Republicans, 11 from TX). Based on history, the chance of enactment is 2%. • MEUSA Summary • News Source
LAWSUITS
MICHIGAN • On 3 January 2014, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., a case challenging the constitutionality of the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption, the judge granted the plaintiffs’ request to split the trial into 2 parts. • MEUSA Summary • News Source UTAH • On 6 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a case challenging Utah’s constitutional amendment banning same-gender civil marriage, the U.S. Supreme Court stayed the district court ruling until the Tenth U.S. Circuit Court of Appeals is finished with the case. • MEUSA Summary • News Source ARIZONA • On 6 January 2014, in Joseph Connolly, et. al., v. AZ Governor Jan Brewer, et al., four couples filed a class action lawsuit in federal court challenging the AZ’s 1996 statutory marriage ban and its 2004 constitutional marriage ban. • MEUSA Summary • News Source COLORADO • On 6 January 2014, in Charlie Craig & David Mullins v. Masterpiece Cakeshop et al.,the baker’s attorneys, Alliance Defending Freedom, filed an appeal of the court order to stop discriminating against same-gender couples. Equality opponents often cite this famous case when they argue that marriage equality ends religious freedom and free speech. • MEUSA Summary • News Source TEXAS • On 7 January 2014, in Cleopatra De Leon, et al., v. TX Governor Rick Perry et al., a federal class action challenge to the 2005 TX constitutional ban on marriage inside and outside TX, the judge denied permission for anti-LGBT group Texas Values to file a friend-of-the-court brief (which cited work by discredited University of Texas assistant professor Dr. Mark Regnerus) because the brief cited no legal authority, and did nothing to resolve the legal issues. Texas Values wrote that same-gender couples are inferior to mixed-gender couples, and that the American Psychological Association wrongly concluded that LGBT parents raise well-adjusted children. • MEUSA Summary • News Source UTAH • On 8 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a challenge to UT’s constitutional amendment banning same-gender civil marriage, National Center for Lesbian Rights (NCLR) joined as co-counsel for the plaintiffs. • MEUSA Summary • News Source UTAH • On 8 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a challenge to UT’s constitutional amendment banning same-gender civil marriage, the UT Attorney General said that for the 2,720 people who married a same-gender spouse from 20 December through 6 January, those marriages are doubtful, and their validity will be determined after appeals to the Tenth Circuit U.S. Court of Appeals in 2014 and possibly the U.S. Supreme Court in 2015. In the meantime, recognition and benefits for those 2,720 citizens will be decided by a special review team, on a case-by-case basis. • MEUSA Summary • News Source UTAH • On 9 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a challenge to UT’s constitutional amendment banning same-gender civil marriage, the UT Attorney General confirmed that a marriage certificate can be completed for each marriage that was performed prior to the decision to issue a stay. • MEUSA Summary • News Source IDAHO • On 9 January 2014, in Sue Latta, et al. v. ID Governor C. L. Butch Otter, a federal lawsuit challenging the 2006 state constitutional amendment, and Idaho laws, banning same-gender civil marriage and civil union, the ID attorney general filed motions seeking (1) to dismiss the case on the premise that marriage is not a fundamental right, and (2) to intervene in the case. • MEUSA Summary • News Source UTAH • On 9 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., Human Rights Campaign asked the U.S. government to recognize all same-gender couples who were legally married in UT between 20 December 2013 and 6 January 2014. • MEUSA Summary • News Source MISSOURI • On 8 January 2014, in MO Baptist Convention, et al. v. MO Governor Jay Nixon, et al.,anti-LGBT groups sued MO for accepting jointly filed tax returns from same-gender couples who were legally married in other states. • MEUSA Summary • News Source TEXAS • On 9 January 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 2005 TX constitutional ban on marriage inside and outside TX, the judge rejected an effort by the TX attorney general to consolidate two other suits (Shannon Zahrn, et al. v. TX Governor Rick Perry, et al., and Christopher McNosky, et al. v. TX Governor Rick Perry, et al.) into this one. On 12 February 2014, the court will hear a motion for a preliminary injunction to stop the state from enforcing the ban during the litigation. • MEUSA Summary • News Source TEXAS • On 31 October 2013, in Shannon Zahrn, et al. v. TX Governor Rick Perry, et al., two same-gender couples filed a class action suit seeking equal marriage rights for all TX couples, and challenging the TX statutory and constitutional bans on same-gender civil marriage. On 9 January 2014, the judge forCleopatra De Leon, et al., v. TX Governor Rick Perry et al. rejected an effort by the TX attorney general to consolidate this case and Christopher McNosky, et al. v. TX Governor Rick Perry, et al. into the De Leon case. • MEUSA Summary • News Source TEXAS • On 29 July 2013, in Christopher McNosky, et al. v. TX Governor Rick Perry, et al., a same-gender couple representing themselves sued for equal marriage rights, challenging the TX statutory and constitutional bans on same-gender civil marriage. On 9 January 2014, the judge for Cleopatra De Leon, et al., v. TX Governor Rick Perry et al. rejected an effort by the TX attorney general to consolidate this case and Shannon Zahrn, et al. v. TX Governor Rick Perry, et al. into the De Leon case. • MEUSA Summary • News Source UTAH • On 10 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., a federal lawsuit challenging UT’s constitutional amendment banning same-gender civil marriage, the U.S. government confirmed that it recognizes all same-gender civil marriages performed in UT from 20 December 2013 through 6 January 2014. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
COLORADO • On 10 January 2014, state Senator Pat Steadman proposed a law allowing same-gender couples who file federal tax returns as legally married to also file state tax returns using the same marital status. • MEUSA Summary • News Source VIRGINIA #3 • On 8 January 2014, 9 state lawmakers (6 delegates, 3 senators) sponsored resolutions to repeal VA's 2006 constitutional ban on same-gender civil marriage. • MEUSA Summary • News Source UTAH POLLS • On 3 January 2014, Google Consumer Surveys polled 500 adult Internet users in Utah (selected to match the U.S. Census Bureau’s monthly Current Population Survey based on gender, age, urbanicity, and income) regarding views on same-gender civil marriage, and reported that 42% approve, 31% want no recognition at all, 24% approve only of civil unions, and 3% have other opinions. • MEUSA Summary • News Source PENNSYLVANIA • On 9 January 2014, spouse benefits for employees of Lehigh County, PA were canceled by new county executive Tom Muller because such benefits must be first approved by county commissioners, which he will ask them to do later this year. • MEUSA Summary • News Source MISSOURI • On 9 January 2014, MO Governor Jay Nixon (D) said that legally married couples (including same-gender couples legally married elsewhere) who file federal tax returns jointly now must also file MO tax returns jointly. • MEUSA Summary • News SourceSTATE BALLOTS & POLLS
INDIANA • On 9 January 2014, four Republican Representatives re-proposed HRJ-6 renamed as HJR-3, which would ban same-gender civil marriage, other unions, and related benefits via the state constitution. If approved by the House Judiciary Committee, and then by the House and by the Senate, it would appear on the November 2014 ballot. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 30, 2013 - January 5, 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
30 December 2013 – 5 January 2014NATIONAL MAP
On 25 December 2013, a National Public Radio broadcast on marriage equality reviewed 2013 and previewed 2014 with MEUSA’s Ned Flaherty. • MEUSA Summary • News SourceNATIONAL POLLS
On 7 October 2013, Associated Press-GfK Public Affairs surveyed 1,227 American adults (demographically balanced by age, sex, education, race, phone type) on same-gender civil marriage, and reported that 36%support it, 33% do not, and 29% are undecided, and 3% did not answer. • News SourceNATIONAL LEGISLATION
LAWSUITS
ARIZONA • On 23 December 2010, in Joseph Diaz, et al., v. Janice Brewer, et al., a federal judge certified the worker benefits case as a class action lawsuit representing all state workers with same-gender partners. • MEUSA Summary • News Source UTAH • On 30 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., a federal case challenging Utah’s constitutional amendment banning same-gender civil marriage, the Appeals Court set an expedited 2014 schedule: state’s appeal brief by 27 January, couples’ response brief by 18 February, state’s reply brief by 25 February, oral arguments in March. • MEUSA Summary • News Source UTAH • UTAH - On 31 December 2013, in Kitchen, et al. v. Utah Attorney Governor Gary Herbert, et al., UT asked the U.S. Supreme Court to stay the original ruling and suspend same-gender civil marriages while appeals go through the U.S. Tenth Court of Appeals and the U.S. Supreme Court. A reply from the same-gender couples is expected on 3 January, with a decision on the stay request the following week. • MEUSA Summary • News Source TEXAS • On 31 December 2013, in Jack Pidegon & Larry Hicks vs. Houston Mayor Annise Parker, et al., a case about worker same-gender spouse benefits, Houston’s attorney got the case moved from state district family court into federal court, where the next court date is 6 January 2014. • MEUSA Summary • News Source WEST VIRGINIA • On 31 December 2013, in Casie Jo McGee, et al. v. Cabell County Clerk Karen Cole, et al., in this suit challenging the WV law that bans marriage equality, the plaintiffs asked for a summary judgment. • MEUSA Summary • News Source KANSAS • On 31 December 2013, in Michael Nelson, et al. v. KS Department of Revenue, two legally married same-gender couples sued for the right to file joint state income tax returns. • MEUSA Summary • News Source TEXAS • On 2 January 2014, in Jack Pidegon & Larry Hicks vs. Houston Mayor Annise Parker, et al.,the federal judge denied the Houston Republican Party’s request for a stay against the city policy, and reversed the district court approval of that stay, thereby restoring equal worker benefits for same-gender spouses. Republican plaintiffs said they will try to move the case back to state court on 21 January 2014. • MEUSA Summary • News Source UTAH • On 3 January 2014, in Kitchen, et al. v. Utah Governor Gary Herbert, et al., the same-gender couples filed a reply arguing why marriages should continue during the state's appeal of the district court ruling. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
STATE BALLOTS & POLLS
TEXAS • On 1 January 2014, Equality Texas and Freedom to Marry launched Why Marriage Matters Texas, a campaign to increase TX support for marriage equality. • MEUSA Summary • News Source UTAH • On 19 December 2013, UT state Representative Jacob Anderegg introduced H.J.R.-1, Joint Resolution on Religious Liberty, which would amend the UT constitution to excuse religious organizations from having to recognize any marriage in violation of conscience of faith. • MEUSA Summary • News Source UTAH POLLS • On 3 January 2014, Salt Lake City’s Fox-13 TV surveyed readers on same-gender civil marriages, and reported that 73% support, 21% don’t, 5% want government not involved, and 1% don’t know/don’t care. • MEUSA Summary • News SourceSend questions and comments to: [email protected].
Policy and Legal Update - December 23-29, 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 23 – 29, 2013NATIONAL MAP
NATIONAL POLLS
NATIONAL LEGISLATION
LAWSUITS
OHIO • On 23 December 2013, in Jim Obergefell & John Arthur v. OH Public Health Director Theodore Wymyslo, a judge ruled that OH’s ban on same-gender civil marriages (made in OH or anywhere else) is unconstitutional, and ordered OH to recognize such unions on all Death Certificates. • MEUSA Summary • News Source OKLAHOMA • On 22 December 2013, in Mary Bishop, et al. v. United States and Tulsa County Court Clerk, et al., challenges the state constitution for denying the right to marry the person of one’s own choice, for refusing to recognize same-gender marriages performed in other states, and for other aspects of the federal Defense-of-Marriage Act, lawyers filed a brief pointing to the federal ruling two days earlier in which UT’s marriage ban was declared unconstitutional. • MEUSA Summary • News Source VIRGINIA • On 23 December 2013, in Joanne Harris, et al. v. Staunton, VA Court Clerk, et al.,a federal class action lawsuit for couples seeking full marriage equality for all VA residents, the court refused to dismiss the case, but removed the governor as a defendant. • MEUSA Summary • News Source INDIANA • On 20 December 2013, in re the marriage of Melanie Davis & Angela Summers, the IN Court of Appeals ruled that the IN ban on same-gender civil marriage cannot be used to invalidate a marriage when one spouse later changes his/her gender identity. • MEUSA Summary • News Source HAWAII • On 23 December 2013, in McDermott v. Abercrombie, HI state lawyers asked a state judge to dismiss the lawsuit seeking to overturn the 2003 Marriage Equality Act. • MEUSA Summary • News Source ILLINOIS • On 17 December 2013, in Darby v. Cook County Clerk David Orr, the state court dismissed the original case since the relief that the plaintiffs were seeking occurred when IL enacted a same-gender civil marriage law on 5 November 2013. • MEUSA Summary • News Source UTAH • On 22 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, the 10th Circuit U.S. Court of Appeals denied UT’s request to stay (suspend) the district court ruling while the district court decides whether to suspend its own ruling during the time that the case is on appeal. On 23 December 2013, UT made the request again, and the Court of Appeals denied it again. • MEUSA Summary • News Source UTAH • On 23 December 2013, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, U.S. district court judge denied UT’s request to stay his 20 December ruling declaring UT’s marriage ban unconstitutional. • MEUSA Summary • News Source UTAH • On 24 December, in Kitchen, et al. v. Utah Attorney General John Swallow, et al., in which 3 couples filed a federal lawsuit challenging Utah’s constitutional amendment banning same-gender marriage, UT made a 4th request for a stay, and the Court of Appeals denied it, mainly because: (a) the appeal does not appear likely to succeed; (b) the lack of a stay is unlikely to cause irreparable harm to the state; and (c) the presence of a stay is likely to harm the plaintiff couples who now can marry legally. UT then announced that it will make a 5th request to the U.S. Supreme Court, where Justice Sonia Sotomayor will grant the stay, or deny the stay, or ask the full Court to decide. • MEUSA Summary • News Source UTAH • On 27 December 2013, Republican lawmakers committed about $2 million for opposing marriage equality in the U.S. Appeals Court and the U.S. Supreme Court. In the first week since the 20 December ruling, about 1,000 same-gender couples married. • MEUSA Summary • News Source TEXAS • On 26 December 2013, in Noel Freeman, et al. v. Houston, TX Mayor Anise Parker, et al., Lambda Legal file a federal lawsuit seeking to restore employee spouse benefits for same-gender spouses. • MEUSA Summary • News Source IDAHO • On 24 December 2013, in Sue Latta, et al. v. ID Governor C. L. Butch Otter, a marriage rights case, the plaintiffs asked the judge to block the state from intervening in their lawsuit. • MEUSA Summary • News SourceSTATE LEGISLATION & POLLS
STATE BALLOTS & POLLS
Send questions and comments to: [email protected].
Policy and Legal Update - 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 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].