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