General Gay Marriage Issues Thread

N&P: Discuss governments, nations, politics and recent related news here.

Moderators: Alyrium Denryle, SCRawl, Thanas, Edi, K. A. Pital

Post Reply
User avatar
Borgholio
Sith Acolyte
Posts: 6275
Joined: 2010-09-03 09:31pm
Location: Southern California

Re: General Gay Marriage Issues Thread

Post by Borgholio » 2014-10-06 10:44am

Supreme Court refuses to take up Gay Marriage - state rulings allowing Gay Marriage are allowed to stand for now.

http://www.reuters.com/article/2014/10/ ... 9020141006
(Reuters) - The U.S. Supreme Court on Monday declined to decide once and for all whether states can ban gay marriage, a surprise move that will allow gay men and women to marry in five states where same-sex weddings were previously forbidden.

By rejecting appeals in cases involving Virginia, Oklahoma, Utah, Wisconsin and Indiana, the court left intact lower-court rulings that had struck down the bans in those states. But the high court's action means there will be no imminent national ruling on the issue, with litigation in states where gay marriage is still banned likely to continue.

"Any time same-sex couples are extended marriage equality is something to celebrate, and today is a joyous day for thousands of couples across America who will immediately feel the impact of today’s Supreme Court action," Chad Griffin, president of the gay rights group Human Rights Campaign, said in a statement.

Other states under the jurisdiction of appeals courts that have struck down the bans will also be affected by the Supreme Court's decision, meaning the number of states with gay marriage is likely to quickly jump from 19 to 30. The other states would be North Carolina, West Virginia, South Carolina, Wyoming, Kansas and Colorado.

The court could still take a future case, but its move on Monday is likely to send a strong signal to lower court judges that rulings striking down marriage bans are consistent with the U.S. Constitution.

Gay couples in the affected states may seek to get married immediately, with the chance of chaotic scenes in some parts of the country, because the high court's action means that the appeals court's rulings are no longer on hold.

The high court’s decision not to hear the cases was unexpected because most legal experts believed it would want to weigh in on a question of national importance that focuses on whether the U.S. Constitution’s guarantee of equal treatment under the law means gay marriage bans were unlawful.

MESSAGE SENT

The issue could still return to the court, but the message sent by the court in declining to hear the matter would be a boost to gay marriage advocates involved in similar litigation in states that still have bans on the books.

Just over a year ago, the justices ruled 5-4 in June 2013 to strike down a key part of a federal law that had restricted the definition of marriage to heterosexual couples for the purpose of federal government benefits.

That decision in the case U.S. v. Windsor led to a series of court rulings favoring gay marriage in numerous states. In a separate case decided on the same day, the justices sidestepped the broader question of whether state bans violated the U.S. Constitution but allowed gay marriage to move forward in California.

The momentum within America's courts in favor of gay marriage reflects a sea-change in public opinion in the past decade, with polls showing a steady increase in support. Politicians, mostly Democrats but also some notable Republicans, have increasingly voiced their support for ending bans.

It was only as recently as 2004 that Massachusetts became the first state to allow gay marriage following a state court ruling the previous year.

In 17 other states, judges have issued rulings in favor of gay marriage - most of which struck down bans - although the prohibitions have remained intact while litigation continues.

State officials defending their bans counter that the Constitution does not dictate how states should define marriage and that there is no deeply rooted legal tradition that supports a right to gay marriage.

(Reporting by Lawrence Hurley; Editing by Will Dunham)
Homophobes: "We want you to tell America that marriage is only for a man and a woman."

SCOTUS: "No."

Time to sit back and enjoy the right-wing tears.
You will be assimilated...bunghole!

bilateralrope
Sith Marauder
Posts: 3765
Joined: 2005-06-25 06:50pm
Location: New Zealand

Re: General Gay Marriage Issues Thread

Post by bilateralrope » 2014-10-06 03:51pm

There is still the matter of Louisiana.

Is SCOTUS staying out of this because they think it should be decided on a state by state basis ?

Or are they staying out in hope that the 5th Circuit will overturn the Louisiana decision, with a plan to pick up the appeal if the 5th Circuit doesn't overturn it ?

How often has the Supreme Court refused to hear an issue once, only to take it up later ?

User avatar
Broomstick
Emperor's Hand
Posts: 25779
Joined: 2004-01-02 07:04pm
Location: Industrial armpit of the US Midwest
Contact:

Re: General Gay Marriage Issues Thread

Post by Broomstick » 2014-10-06 05:06pm

bilateralrope wrote:Or are they staying out in hope that the 5th Circuit will overturn the Louisiana decision, with a plan to pick up the appeal if the 5th Circuit doesn't overturn it ?
Most likely the latter.
How often has the Supreme Court refused to hear an issue once, only to take it up later ?
There is some precedent for that, but I can't think of a particular example offhand. It's like a later court reversing an earlier court's decision - it happens, but not often and there's usually a considerable number of years between the decisions.

On a related note - as of 2 pm today Lake County, Indiana started issuing same sex marriage licenses. Marion County (the one containing Indianapolis, the state capitol) is also issuing marriage licenses to same sex couples today. Other counties may wait for formal paperwork from the 7th Circuit Court of Appeals, but in any within a week.
A life is like a garden. Perfect moments can be had, but not preserved, except in memory. Leonard Nimoy.

Now I did a job. I got nothing but trouble since I did it, not to mention more than a few unkind words as regard to my character so let me make this abundantly clear. I do the job. And then I get paid.- Malcolm Reynolds, Captain of Serenity, which sums up my feelings regarding the lawsuit discussed here.

If a free society cannot help the many who are poor, it cannot save the few who are rich. - John F. Kennedy

Sam Vimes Theory of Economic Injustice

User avatar
Borgholio
Sith Acolyte
Posts: 6275
Joined: 2010-09-03 09:31pm
Location: Southern California

Re: General Gay Marriage Issues Thread

Post by Borgholio » 2014-10-07 04:46pm

Gay Marriage bans struck down in Nevada and Idaho.

http://www.reviewjournal.com/politics/g ... truck-down
ASSOCIATED PRESS

SAN FRANCISCO — A federal appeals court on Tuesday struck down gay marriage bans in Idaho and Nevada.

The 9th U.S. Circuit Court of Appeals ruled that gay couples’ equal protection rights were violated by the bans.

The three-judge panel did not decide on a similar case in Hawaii, which legalized gay marriage in December. Hawaii’s governor had asked the court to toss out a lawsuit challenging the state’s ban and an appeal to the 9th Circuit filed before Hawaii lawmakers legalized same-sex marriages.

State and federal court judges have been striking down bans at a rapid rate since a landmark U.S. Supreme Court ruling last year. The 9th Circuit ruling comes a day after the Supreme Court effectively legalized gay marriage in 11 more states, for a total of 30, when it rejected a set of appeals.

All three judges on the appeals court panel were appointed by Democratic presidents. President Bill Clinton appointed Judges Marsha Berzon and Ronald Gould. President Jimmy Carter appointed Judge Stephen Reinhardt.

During oral arguments in September, the debate in the appeals court over Idaho and Nevada bans focused on harm to children.

Lawyers seeking to invalidate the bans argued children of gay couples are stigmatized when their parents are prevented from marrying. Attorneys supporting the bans said gay marriages devalue traditional marriages, which will lead to fewer weddings and more single-parent homes.

Though the high court last year declared unconstitutional a federal law limiting marriage to a man and woman for determining benefits, the justices didn’t address whether states could ban gay marriage.

On Monday, the nation’s top court unexpectedly rejected appeals from five states seeking to preserve their bans. The decision cleared the way for a dramatic expansion of gay marriage in the United States and might have signaled that it’s only a matter of time before same-sex couples can marry in all 50 states.
You will be assimilated...bunghole!

User avatar
Borgholio
Sith Acolyte
Posts: 6275
Joined: 2010-09-03 09:31pm
Location: Southern California

Re: General Gay Marriage Issues Thread

Post by Borgholio » 2014-10-12 10:44pm

And now Alaska.

http://www.adn.com/article/20141012/fed ... titutional
A federal judge ruled Sunday that Alaska’s ban on gay marriage is unconstitutional, paving the way for gay couples to begin marrying in the state for the first time.

“The court finds that Alaska’s ban on same-sex marriage and refusal to recognize same sex marriages lawfully entered in other states is unconstitutional as a deprivation of basic due process and equal protection principles under the Fourteenth Amendment of the U.S. Constitution,” U.S. District Court Judge Timothy Burgess wrote in a order in the case Hamby v. Parnell, released Sunday.

The Hamby suit was filed in May by five same-sex couples. It challenged the state’s constitutional amendment limiting marriage to one man and one woman, approved by voters in 1998.

The ruling comes less than a week after the 9th U.S. Circuit Court of Appeals ruled to overturn similar marriage bans in Idaho and Nevada. Same-sex marriage advocates said the 9th Circuit ruling would likely lead to the quick overturn of Alaska’s ban on gay marriage because the bans were similar and Alaska also falls under the jurisdiction of that court.

Both parties in the Hamby case made oral arguments in the case on Friday.

At 2:45 p.m. Sunday, Caitlin Shortell, one of the attorneys for the plaintiffs in the case, said she was just beginning to absorb the news of the judge’s decision, which came to her by email.

“We’re completely overjoyed,” Shortell said. “It’s an immediate injunction from further enforcement of the (law banning same-sex marriage), so people are going to start getting married.”

She and the other two attorneys working on Hamby v. Parnell were just getting in touch with plaintiffs.

“It’s been a long time coming,” she said. “It’s justice and equality in Alaska."

This is a developing story. Check back for details.
You will be assimilated...bunghole!

User avatar
LadyTevar
White Mage
White Mage
Posts: 19508
Joined: 2003-02-12 10:59pm
Location: Tahalshia Manor

Re: General Gay Marriage Issues Thread

Post by LadyTevar » 2014-10-13 07:28pm

BTW: WV quietly started allowing Gay Partners to get marriage liscenses Thurs the 9th. I know some counties had Homophobes in charge; they were trying to weasel out of it by saying Govenor Earl Ray Thomlin made his announcement to the press, but didn't sent out a memo directly to Them. I'm sure Thomlin had a very private phone call to those few. I hope the one to Attoney Sorasa was vicious, he's the bastard who falsely imprisoned my good friend for rape, just cause it was an Election Year.
Image
Librium Arcana, Where Gamers Play!
Nitram, slightly high on cough syrup: Do you know you're beautiful?
Me: Nope, that's why I have you around to tell me.
Nitram: You -are- beautiful. Anyone tries to tell you otherwise kill them.
"A life is like a garden. Perfect moments can be had, but not preserved, except in memory. LLAP" -- Leonard Nimoy, last Tweet

User avatar
Crossroads Inc.
Emperor's Hand
Posts: 8935
Joined: 2005-03-20 06:26pm
Location: Defending Sparkeling Bishonen
Contact:

Re: General Gay Marriage Issues Thread

Post by Crossroads Inc. » 2014-11-06 09:44pm

For those that missed it...
The very VERY not surprising from the 6th circuit judges. 2-1 ruling.

I recommend following the link as it has the full dissent and is VERY much worth a read.

WASHINGTON -- A federal appeals court judge on Tuesday issued a scathing dissent to an opinion supported by two of her colleagues who upheld bans on same-sex marriage in Michigan, Ohio, Tennessee and Kentucky.

In a 2-1 decision, the Sixth Circuit Court of Appeals overturned the rulings of lower federal courts that found same-sex marriage bans unconstitutional.

But in a blistering dissent, Martha Craig Daughtrey wrote that while her colleagues' opinion would make "an engrossing TED Talk or, possibly, an introductory lecture in Political Philosophy," it "wholly fails" to address the issue of whether a state constitution's ban on same-sex marriage violates the equal protection clause of the 14th Amendment. The majority opinion "treats both the issues and the litigants here as mere abstractions," Daughtrey wrote.


"Instead of recognizing the plaintiffs as persons, suffering actual harm as a result of being denied the right to marry where they reside or the right to have their valid marriages recognized there, my colleagues view the plaintiffs as social activists who have somehow stumbled into federal court, inadvisably, when they should be out campaigning to win 'the hearts and minds' of Michigan, Ohio, Kentucky, and Tennessee voters to their cause," she wrote.

"But these plaintiffs are not political zealots trying to push reform on their fellow citizens; they are committed same-sex couples, many of them heading up de facto families, who want to achieve equal status ... with their married neighbors, friends, and coworkers, to be accepted as contributing members of their social and religious communities, and to be welcomed as fully legitimate parents at their children’s schools," she continued. "They seek to do this by virtue of exercising a civil right that most of us take for granted -- the right to marry."

Citing the Supreme Court ruling that struck down key provisions of the Defense of Marriage Act in 2013, Daughtrey said that the majority of the federal appeals court ignored the damage to the children of same-sex couples whose unions were not recognized.

People familiar with the Supreme Court ruling in the Windsor case, Daughtrey wrote, "must have said to themselves at various points in the majority opinion, 'But what about the children?' I did, and I could not find the answer in the opinion."

She added that it was "ironic that irresponsible, unmarried, opposite-sex couples in the Sixth Circuit who produce unwanted offspring must be 'channeled' into marriage and thus rewarded with its many psychological and financial benefits, while same-sex couples who become model parents are punished for their responsible behavior by being denied the right to marry."

In concluding her dissent, Daughtrey cited the oath of office she took more than 20 years ago when she was sworn into office. She said her colleagues "seem to have fallen prey to the misguided notion that the intent of the framers of the United States Constitution can be effectuated only by cleaving to the legislative will and ignoring and demonizing an independent judiciary." She wrote that the judiciary existed to "ensure that rights, liberties, and duties need not be held hostage by popular whims."

"If we in the judiciary do not have the authority, and indeed the responsibility, to right fundamental wrongs left excused by a majority of the electorate, our whole intricate, constitutional system of checks and balances, as well as the oaths to which we swore, prove to be nothing but shams," she wrote.
Praying is another way of doing nothing helpful
"Congratulations, you get a cookie. You almost got a fundamental English word correct." Pick
"Outlaw star has spaceships that punch eachother" Joviwan
Read "Tales From The Crossroads"!
Read "One Wrong Turn"!

User avatar
Borgholio
Sith Acolyte
Posts: 6275
Joined: 2010-09-03 09:31pm
Location: Southern California

Re: General Gay Marriage Issues Thread

Post by Borgholio » 2014-11-06 10:36pm

This is actually a blessing in disguise. Now the SCOTUS has no choice but to review and issue a final decision.
You will be assimilated...bunghole!

User avatar
Prannon
Jedi Knight
Posts: 585
Joined: 2009-03-25 07:39am
Location: Austin

Re: General Gay Marriage Issues Thread

Post by Prannon » 2014-11-07 01:43am

Are we sure that the court will make the decision that we want? So far, the court has ruled fairly conservatively - in the sense that they are avoiding oversweeping rulings and are leaving things to the lower courts to decide.

I've heard opinions that it's to avoid a repeat of Roe v Wade, which has created a huge popular backlash over the years. I'm inclined to wonder if there is also a human element of fear over having to rule over such a watershed issue with such a divided court.

I dunno if we should be so optimistic going into the inevitable SCOTUS ruling. We may not like the result.

User avatar
Borgholio
Sith Acolyte
Posts: 6275
Joined: 2010-09-03 09:31pm
Location: Southern California

Re: General Gay Marriage Issues Thread

Post by Borgholio » 2014-11-07 08:13am

I personally doubt the SCOTUS will go against the sweeping tide of state rulings.
You will be assimilated...bunghole!

cmdrjones
Jedi Knight
Posts: 715
Joined: 2012-02-19 12:10pm

Re: Citing religious freedom, NC clergymen sue state

Post by cmdrjones » 2014-11-12 10:13am

Elheru Aran wrote:The religious objection to gay marriage, while logical within its own context, collapses within that of the civic sphere. I have never really seen why there has been such opposition to allowing civil marriages between gay couples while also allowing churches to prohibit gay unions within their congregations if they are so inclined. It would seem the ideal compromise...

i have always wondered this myself. The Orthodox church comes at this from a unique perspective, having existed alongside various pagan religions in the last days fo Rome and so on. Their policy is roughly thus: You want to get married under Zeus? you want to marry your Brother and Mithras (or whomever) says it's cool? The Empire says its legal? Ok come here into the nave, do you? do You? ok, where do i sign? have a nice day, peace."

it seems the whole controversy can be avoided by simply allowing those gays who want to be "married" to have civil unions to do so and then have the churches stamp off on them.
AS for the religious objection, it seems to me that those who bring up other religious traditions have missed the main point, whether gay marriage was legal or acceptable under hinduism of native American mysticism isn't the point. The American Nation (i.e. white euro-americans and so on) were (and largely are) Christian western europeans and under THEIR dominant culture/religion Gay marriage has been (and will continue to be) anathema. Now, you may not agree with that, but the simplest solution is to go with the above compromise to avoid constant civil strife, OR simply get the government out of the marriage business all together and let people use their freedoms to make whatever contracts with one another that they like, assuming it doesn't violate others constitutional rights that is.

One last thing though, I find it amusing that those who will seek to shove aside the dominant culture because they disagree with their ideas, will still quote and defend so voiciferously the founding documents that were created by that culture. For example, if all men are created equal and are endowed by their creator with certain inalienable rights, then how can you support those rights AS INalienable if you don't believe A) that men were created or B) that they HAVE a creator?
Terralthra wrote:It's similar to the Arabic word for "one who sows discord" or "one who crushes underfoot". It'd be like if the acronym for the some Tea Party thing was "DKBAG" or something. In one sense, it's just the acronym for ISIL/ISIS in Arabic: Dawlat (al-) Islāmiyya ‘Irāq Shām, but it's also an insult.
"Democratic Korps (of those who are) Beneficently Anti-Government"

User avatar
Ahriman238
Sith Marauder
Posts: 4854
Joined: 2011-04-22 11:04pm
Location: Ocularis Terribus.

Re: Citing religious freedom, NC clergymen sue state

Post by Ahriman238 » 2014-11-12 03:04pm

cmdrjones wrote:
it seems the whole controversy can be avoided by simply allowing those gays who want to be "married" to have civil unions to do so and then have the churches stamp off on them.
AS for the religious objection, it seems to me that those who bring up other religious traditions have missed the main point, whether gay marriage was legal or acceptable under hinduism of native American mysticism isn't the point. The American Nation (i.e. white euro-americans and so on) were (and largely are) Christian western europeans and under THEIR dominant culture/religion Gay marriage has been (and will continue to be) anathema. Now, you may not agree with that, but the simplest solution is to go with the above compromise to avoid constant civil strife, OR simply get the government out of the marriage business all together and let people use their freedoms to make whatever contracts with one another that they like, assuming it doesn't violate others constitutional rights that is.
Conservatives object and scream and fight tooth and nail against civil unions too, and they don't necessarily come with the full benefits of marriage. Aside from it being far less satisfying to introduce my 'civil partner' over being able to say "this is my husband/wife." So as long as you have to fight anyways, why fight only for a compromise?

Sometimes you have to make noise when subjected to injustice, even at the risk of stirring some controversy or strife.

One last thing though, I find it amusing that those who will seek to shove aside the dominant culture because they disagree with their ideas, will still quote and defend so voiciferously the founding documents that were created by that culture. For example, if all men are created equal and are endowed by their creator with certain inalienable rights, then how can you support those rights AS INalienable if you don't believe A) that men were created or B) that they HAVE a creator?
I see no inherent contradiction or amusement in the idea of appealing to a tradition of equality and the majority NOT dominating the minority, even if the authors of these ideals were themselves of the dominant culture and/or slaveholders. America has a long and storied tradition of striving towards high ideals, however often we fall short. Nor is a divine creator necessary to believe in the inherent equality of men.


You need to up your game, or you won't last long here at all.
"Any plan which requires the direct intervention of any deity to work can be assumed to be a very poor one."- Newbiespud

User avatar
Borgholio
Sith Acolyte
Posts: 6275
Joined: 2010-09-03 09:31pm
Location: Southern California

Re: General Gay Marriage Issues Thread

Post by Borgholio » 2014-11-12 10:26pm

SCOTUS has lifted the marriage stay in Kansas.

http://www.washingtonpost.com/politics/ ... story.html

Looks like things are moving forward again. What is interesting is we now have a breakdown of how the SCOTUS is likely to rule if / when the whole thing finally reaches endgame. The court ruled 7 to 2 to lift the stay. That is a nice, healthy majority.
You will be assimilated...bunghole!

User avatar
Ahriman238
Sith Marauder
Posts: 4854
Joined: 2011-04-22 11:04pm
Location: Ocularis Terribus.

Re: General Gay Marriage Issues Thread

Post by Ahriman238 » 2014-11-13 03:16pm

South Carolina saw a judge strike down their gay marriage ban.
"Any plan which requires the direct intervention of any deity to work can be assumed to be a very poor one."- Newbiespud

User avatar
Alferd Packer
Sith Marauder
Posts: 3627
Joined: 2002-07-19 09:22pm
Location: Slumgullion Pass
Contact:

Re: General Gay Marriage Issues Thread

Post by Alferd Packer » 2014-11-20 07:01am

Montana has struck down their ban, effective immediately.

I believe that's every state in the 9th circuit.
"There is a principle which is a bar against all information, which is proof against all arguments and which cannot fail to keep a man in everlasting ignorance--that principle is contempt prior to investigation." -Herbert Spencer

"Against stupidity the gods themselves contend in vain." - Schiller, Die Jungfrau von Orleans, III vi.

User avatar
The Romulan Republic
Emperor's Hand
Posts: 15078
Joined: 2008-10-15 01:37am

Re: General Gay Marriage Issues Thread

Post by The Romulan Republic » 2014-12-07 10:38pm

Borgholio wrote:SCOTUS has lifted the marriage stay in Kansas.

http://www.washingtonpost.com/politics/ ... story.html

Looks like things are moving forward again. What is interesting is we now have a breakdown of how the SCOTUS is likely to rule if / when the whole thing finally reaches endgame. The court ruled 7 to 2 to lift the stay. That is a nice, healthy majority.
I know its old news, but this is interesting. I was expecting a closer result, but this suggests that nation-wide gay marriage in America is virtually a done deal.

bilateralrope
Sith Marauder
Posts: 3765
Joined: 2005-06-25 06:50pm
Location: New Zealand

Re: General Gay Marriage Issues Thread

Post by bilateralrope » 2014-12-07 11:25pm

I wonder how much SCOTUS is being swayed by the arguments in favor of marriage equality and how much they are swayed by popular support for marriage equality being strong and rising, making any ban on marriage equality likely to be overturned by legislation if SCOTUS lets it stand.

Though the only numbers I'm away of for the popular support of marriage equality come from an an XKCD comic.

With a 7 to 2 ruling to lift the stay, I'm wondering if SCOTUS will let marriage equality supporters speak, or if they will say something like "We are planning to give you everything you've asked for, so letting you speak just wastes time for everybody".

User avatar
FaxModem1
Emperor's Hand
Posts: 6662
Joined: 2002-10-30 06:40pm
Location: In a dark reflection of a better world

Re: General Gay Marriage Issues Thread

Post by FaxModem1 » 2015-01-06 11:30am

Gay marriage is now legal in Florida:

Chicago Tribune
Florida becomes 36th state to legalize gay marriage
Same sex marriage licenses at Orange County Courthouse
Caption Same sex marriage licenses at Orange County Courthouse
Mel Dostis, Orlando Sentinel
Virginia Monjaras and Natalie Savage were among the first couples to receive their marriage license at the Orange County Court House. The pair lined up at 2:30 a.m. and said they were ecstatic to head to city hall.
Same sex marriage licenses at Orange County Courthouse
Caption Same sex marriage licenses at Orange County Courthouse
Mel Dostis, Orlando Sentinel
Jim Browne and his partner of 41 years said they had almost given up on a happy ending to their long engagement. The couple was headed to city hall to tie the knot and then "I think I need a drink... I'm not one to cry but boy I tell you this is very emotional," Browne said.
Same sex marriage licenses at Orange County Courthouse
Caption Same sex marriage licenses at Orange County Courthouse
Mel Dostis, Orlando Sentinel
About 50 people formed a long line on the third floor of the Orange County Court House as they waited to apply for marriage licenses. As each couple left with a piece of paper, those on the line erupted into cheer.
Lake County to obtain a marriage license
Caption Lake County to obtain a marriage license
Elyssa Cherney, Orlando Sentinel
Joseph Dropsey, left, and Richard Brendle, snowbird from Arkansas, were the first and only same-sex couple in line in Lake County to obtain a marriage license when the doors opened at 8:30 a.m. Tuesday.
Same-sex wedding ceremony at Orlando City Hall
Caption Same-sex wedding ceremony at Orlando City Hall
Jon Busdeker, Orlando Sentinel
A same-sex wedding ceremony was held on the steps of the Orlando City Hall on Tuesday, Jan. 6, 2015.
By Tribune wire reports contact the reporter

Same-Sex Marriage
Marriage
Trials and Arbitration
Weddings
Buddy Dyer
Pam Bondi

Gay marriage ban in Florida ends at midnight Monday; same-sex couples begin marrying right away.
Gay marriage is now legal in 36 states after Florida's ban ended Tuesday.

Florida's ban on same-sex marriage ended statewide at the stroke of midnight Monday, and court clerks in some Florida counties wasted no time, issuing marriage licenses and performing weddings for same-sex couples overnight.

But they were beaten to the punch by a Miami judge who found no need to wait until the statewide ban expired. Miami-Dade Circuit Judge Sarah Zabel presided over Florida's first legally recognized same-sex marriages Monday afternoon.
Florida Federal Judge Issues Ruling Allowing Gay Marriages Across The State
David Currie, center, embraces Aaron Woodard after they got married during a ceremony at the Broward County Courthouse on Jan. 6 in Fort Lauderdale, Florida. (Joe Raedle/Getty Images)

Still, most counties held off on official ceremonies until after midnight early Tuesday, when U.S. District Judge Robert L. Hinkle's ruling that Florida's same-sex marriage ban is unconstitutional took effect in all 67 counties. Florida's attorney general, Pam Bondi, is still pursuing state and federal appeals seeking to uphold the ban voters approved in 2008, but her effort to block these weddings until the courts finally rule was denied by the U.S. Supreme Court.

And now that same-sex marriage is a reality in Florida, Bondi's spokeswoman told The Associated Press "the judge has ruled, and we wish these couples the best."

The addition of Florida's 19.9 million people means 70 percent of Americans now live in the 36 states where gay marriage is legal.
lRelated Idaho same-sex marriage fight appealed to Supreme Court

Nation & World
Idaho same-sex marriage fight appealed to Supreme Court

See all related
8

"It's been a long time coming. We're just so excited and so happy," said Osceola County Commissioner Cheryl Grieb moments after she married Patti Daugherty, her partner of 22 years, at the Osceola County Courthouse in Kissimmee, just south of Orlando. Dressed in matching white pants and white embroidered shirts, the couple stood under a canopy of lace and ribbons as County Clerk of Court Armando Ramirez officiated and U.S. Rep. Alan Grayson, D-Fla., served as a witness. A countdown clock was placed in the front of the room, and supporters counted down to midnight 10 seconds before the clock struck 12.

"I'm hyped up at the moment," said Grieb, whose marriage was the first in Osceola County and was followed by 27 others in the early morning hours.

Outside the courthouse, about 20 protesters held signs reading "God says male and female should be married" and "Sodom and Gomorrah," but same-sex marriage supporters ignored them.
Cheers erupt in Florida court after judge rules same-sex marriages can begin
Supporters of same-sex marriage erupted into cheers and tearful hugs after a judge ruled that same-sex marriages could begin in Miami-Dade County on Monday.

In Key West, at the southern tip of Florida, Aaron Huntsman and William Lee Jones, exchanged nuptials early Tuesday dressed in matching black tuxedos with blue vests, shortly after getting the first marriage license issued to a same-sex couple in the Florida Keys. Several hundred people attended the wedding staged on the steps of the Monroe County Courthouse.

During vows, Huntsman and Jones exchanged handmade silver rings, embraced and kissed. Afterward, Jones removed a large silver-toned bracelet that completely encircled his left wrist. He called it "my shackle of inequality."

"I'm elated. Overjoyed that I am finally legally recognized with the man I have loved for 12 years now," said Jones, whose marriage was followed by nine others in Monroe County overnight.
cComments
Got something to say? Start the conversation and be the first to comment.
Add a comment
0

In Palm Beach County, celebrity financial adviser Suze Orman showed up at a mass wedding of 100 couples at a Delray Beach courthouse to support two friends getting married. Orman, who married her wife, Kathy Travis, a decade ago in South Africa, said she was happy same-sex couples were finally being recognized legally in Florida, where she lives part of the time.

"This is an investment in validity," Orman said.

Broward Clerk Howard Forman also planned to officiate a mass wedding overnight at his county courthouse, and Orlando Mayor Buddy Dyer planned to do the same at city hall later in the morning. Churches throughout the state were holding mass weddings for same-sex couples on Tuesday.
Palm Beach County pastor poised to exercise new powers invested by the state of Florida
Palm Beach County pastor poised to exercise new powers invested by the state of Florida

On Monday, gay and lesbian couples in Miami got a head-start when Zabel said she saw no reason why same-sex couples couldn't immediately get their marriage licenses.

Then, she married two couples, Karla Arguello and Cathy Pareto and Todd and Jeff Delmay, in her chambers, packed with supporters and news media for the event.

"Finally, Florida recognizes us as a couple," Pareto said. "It's just — I don't know, sweet justice."

But while the news was largely met with cheers or even shrugs from Florida's more liberal enclaves, signs of opposition were evident farther north, where more conservative Floridians live.

In Jacksonville, Duval County Court Clerk Ronnie Fussell shut down the courthouse chapel, saying no marriage ceremonies — gay or straight — would be allowed there. At least two other counties in northeast Florida did the same.

"The day is going to come very soon where America is going to wake up and say, 'Whoa! Wait a second! I wanted two guys to live together. I didn't want the fundamental transformation of society,'" said John Stemberger, president of the Florida Family Policy council. He led the petition drive to put the gay marriage ban on the ballot back in 2008.

Republican Jeb Bush, who opposed gay marriage while serving as Florida's governor and who now may seek the presidency, sought a middle ground Monday.

In a statement, he urged people to "show respect for the good people on all sides of the gay and lesbian marriage issue — including couples making lifetime commitments to each other who are seeking greater legal protections and those of us who believe marriage is a sacrament and want to safeguard religious liberty."

Associated Press
My state is behind Florida, I feel awful now.
Image

User avatar
Highlord Laan
Jedi Master
Posts: 1183
Joined: 2009-11-08 02:36pm
Location: Christo-fundie Theofascist Dominion of Nebraskistan

Re: General Gay Marriage Issues Thread

Post by Highlord Laan » 2015-01-06 10:50pm

FaxModem1 wrote:
My state is behind Florida, I feel awful now.
So's mine. Hell, this red-state shithole has glorious leaders that double down on their stupidity every year.
Never underestimate the ingenuity and cruelty of the Irish.

User avatar
Borgholio
Sith Acolyte
Posts: 6275
Joined: 2010-09-03 09:31pm
Location: Southern California

Re: General Gay Marriage Issues Thread

Post by Borgholio » 2015-01-16 03:41pm

Well, the end is in sight. SCOTUS will hear arguments on gay marriage in April with a decision by June. I can't help but be a bit nervous about it. Despite the momentum, if SCOTUS says that gays don't have the right to marry, it all comes crashing down in an instant.

http://www.usatoday.com/story/news/nati ... /21867355/
WASHINGTON -- The Supreme Court agreed Friday to resolve the national debate over same-sex marriage once and for all.

The justices agreed to consider four cases from Michigan, Ohio, Kentucky and Tennessee. They will be consolidated and heard together.

That sets up a schedule under which the court likely will hear oral arguments in April and issue a ruling before its current term ends in late June.

The justices' hands were forced by a split among federal appellate courts, created when the U.S. Court of Appeals for the 6th Circuit upheld four states' marriage bans in November. While gays and lesbians can marry in 36 states, most recently including Florida, the practice is banned in Michigan, Ohio, Kentucky and Tennessee, along with 10 other states.

The court had sidestepped the issue in October, when it let stand appeals court rulings striking down gay marriage bans in Virginia, Indiana, Wisconsin, Oklahoma and Utah. Those rulings and a later appeals court decision affecting Idaho and Nevada drew in neighboring states as well. As a result, more than 70% of Americans live in states where gay marriages are legal, and thousands of couples have tied the knot.

The high court's long-awaited decision to intervene pleases both sides in the debate. National gay-rights groups have been pressing for a 50-state solution. The National Organization for Marriage, which opposes gay and lesbian unions, also wanted the court to step in.

The new challenge is destined to become even more of a landmark case than those decided by the court in 2013 -- United States v. Windsor, which forced the federal government to recognize gay marriages, and Hollingsworth v. Perry, which made California the 13th state to allow them.

Those rulings, while historic, did not resolve the threshold questions in the debate: whether gays and lesbians have a constitutional right to marry, or whether states have the right to ban the practice.

JUSTICES REMAIN DIVIDED

Since the gay marriage movement gained steam in the 1990s from Hawaii to Vermont, 30 states have passed constitutional bans. Eleven states and the District of Columbia legalized same-sex marriage by legislative action or voter initiatives. In 33 more states, judges have made the same call, though some of those decisions were delayed or overruled.

Most of the progress by gay-rights groups has come in the last two years: The number of states where gays and lesbians can marry has nearly doubled since October alone, and tripled since the court's 2013 rulings.

The justices appear as split today as they were then, when Justice Anthony Kennedy wrote the 5-4 decision striking down a key part of the federal Defense of Marriage Act. In dissent, Justice Antonin Scalia seethed that it would lead to exactly what has happened since -- a flurry of court rulings using the high court's equal protection reasoning to strike down state bans.

But while divided, the justices have made a series of procedural moves that allowed same-sex marriage to proliferate, particularly by refusing to hear five states' appeals in October. They even refused to halt gay and lesbian marriages in Idaho while the state challenges the verdict of the 9th Circuit Court of Appeals -- something they had done last year in Utah and Virginia.

The swing vote remains Kennedy, who has authored the last three major rulings advancing the cause of gay rights. On one hand, he has defended voter-approved constitutional amendments, most recently in a Michigan case last year that upheld the state's ban against racial preferences in university admissions. But he struck down the federal same-sex marriage ban as an affront to the constitutional rights of gays and lesbians.

Since then, dozens of federal and state court judges have toppled marriage bans for the same reason the Supreme Court ruled against DOMA, mostly citing gay and lesbian couples' right to equal protection or due process under the Constitution. Since September, however, three federal courts have gone the other way -- in Louisiana, Puerto Rico and the four-state 6th Circuit.

Circuit Judge Jeffrey Sutton, once considered a potential Supreme Court nominee for a Republican president, issued that 42-page appellate decision, with fellow GOP nominee Deborah Cook concurring. He said lower court judges' hands are tied by a one-sentence Supreme Court ruling in 1972 that "upheld the right of the people of a state to define marriage as they see it."

In response, couples in all four states asked the Supreme Court to hear their appeals. State officials in Michigan, Ohio and Kentucky, though victorious, agreed that the justices should weigh in. Gay couples and state officials in Louisiana sought to have their case considered before the 5th Circuit Court of Appeals rules, but the justices denied that request.

STATES MAKE THEIR CASE

The Michigan case is the simplest of the five that the court considered. April DeBoer, 43, and Jayne Rowse, 50, are nurses and foster parents who have separately adopted four children, including two with special needs. They seek the right to marry and to joint adoptions; currently, each child has only one legal parent.

Their case is unique because it included a two-week trial with "expert testimony presented in the fields of sociology, psychology, demography, history, and law," their brief said. "Issues relating uniquely to the children were examined thoroughly in the crucible of the trial process."

The state echoed Judge Sutton in its response brief. "This case comes down to two words: Who decides?" it said. "The history of our democracy demonstrates the wisdom of allowing the people to decide important issues at the ballot box, rather than ceding those decisions to unelected judges."

The Ohio case was brought by four same-sex couples with children, one adopted child and two men whose partners died. All were married in other states and are seeking to have the marriages recognized in Ohio.

"Petitioners have been denied the full dignity and financial and emotional benefits Ohio provides to different-sex spouses, including, most urgently, the recognition of their marriages on critical family identification documents such as birth and death certificates," their brief says.

"These cases are about love, from birth to death. The relationships at the heart of each case involve the love spouses share, with each other and with the children they jointly raise, and the love that survives the death of a spouse."

The Kentucky case combines two gay couples seeking to marry and four other couples who want their marriages, performed from Connecticut to California, recognized in their home state.

One couple is raising four children. Another has been together 47 years. A third left the country to marry in Canada a decade ago.

After losing at the district court level, the state's Democratic attorney general, Jack Conway, refused to participate in the appeal. Gov. Steve Beshear, also a Democrat, named outside counsel to handle the case.

The Tennessee case features three couples married in New York and California. One lesbian partner had a child while the lawsuit was pending. A gay partner was deployed and has returned from Afghanistan. A third couple has two adopted children.

"The court of appeals' holding not only denies recognition to petitioners' own marriages and families, but also establishes a 'checkerboard' nation in which same-sex couples' marriages are dissolved and re-established as they travel across the country," their brief says. "That is the antithesis of the stability that marriage is supposed to afford."

Tennessee was the only state that asked the Supreme Court to let the appeals court ruling stand. The state's marriage law is "a proper exercise of its own sovereign authority within our federal system," it said.

The four states are among 14 where gay marriage remains against the law. The others are Alabama, Arkansas, Georgia, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, South Dakota and Texas.
You will be assimilated...bunghole!

User avatar
Broomstick
Emperor's Hand
Posts: 25779
Joined: 2004-01-02 07:04pm
Location: Industrial armpit of the US Midwest
Contact:

Re: Citing religious freedom, NC clergymen sue state

Post by Broomstick » 2015-01-16 06:34pm

cmdrjones wrote:Now, you may not agree with that, but the simplest solution is to go with the above compromise to avoid constant civil strife, OR simply get the government out of the marriage business all together and let people use their freedoms to make whatever contracts with one another that they like, assuming it doesn't violate others constitutional rights that is.
Nothing wrong with the government "being in the marriage business" seeing as the government regulates and enforces other contracts. How about this:

Everyone can get married to whomever they want on the civil side of marriage.
The religious side of marriage is between you and your faith/clergy.

From the civil side the most that happens is that instead of having blanks on the marriage license for "husband" and "wife" you reprint them to say "spouse" and "spouse". Otherwise no change is necessary for government purposes (well, remove gender-specific stuff in other forms, but that's it).

Despite Fundy fears NO ONE is going to compel ANY church to marry anyone that church doesn't want to. That's sort of the point of separating church and state. Catholic clergy are not required to marry non-Catholics or divorced people, racist "aryan" churches don't have to marry anyone not white enough for them, Fundies can bar same sex marriages. That doesn't change either.

The ONLY thing gay marriage changes is the civil side of marriage. That's it.
A life is like a garden. Perfect moments can be had, but not preserved, except in memory. Leonard Nimoy.

Now I did a job. I got nothing but trouble since I did it, not to mention more than a few unkind words as regard to my character so let me make this abundantly clear. I do the job. And then I get paid.- Malcolm Reynolds, Captain of Serenity, which sums up my feelings regarding the lawsuit discussed here.

If a free society cannot help the many who are poor, it cannot save the few who are rich. - John F. Kennedy

Sam Vimes Theory of Economic Injustice

User avatar
Ahriman238
Sith Marauder
Posts: 4854
Joined: 2011-04-22 11:04pm
Location: Ocularis Terribus.

Re: General Gay Marriage Issues Thread

Post by Ahriman238 » 2015-01-28 12:32pm

And coming into Feburary, Oklahoma is trying to take a big step backwards.
Oklahoma KFOR (news channel 4) wrote:OKLAHOMA CITY – An Oklahoma lawmaker’s recently proposed bills continue to attract national media attention.

Some fear Representative Sally Kern’s measures are putting Oklahoma in a negative light right now because they’re aimed at the gay community.

House Bill 1599 would ban taxpayer money from being used for same sex marriage licensing.

House Bill 1598 would allow parents to seek conversion therapy for a gay child.

House Bill 1597 would permit businesses to refuse service to the LGBT community.

Rep. Kern isn’t shy about her feelings on getting negative media attention.

She says she’s gotten hundreds of angry emails over three bills she’s proposed aimed at the gay community.

“Who cares? We are Oklahoma citizens. We are Oklahoma legislators up here. We deal with the issues of Oklahoma. Frankly, I don’t care what the media thinks from Washington, D.C. or Washington state,” Rep. Kern said.

Some metro leaders like city councilman Ed Shadid say Kern’s proposed legislation and the attention it’s getting is bad for local business.

“I think in terms of corporations and convention planners, they want the diversity of their membership respected,” Shadid says. “It’s going to reflect poorly on us, and there will be an economic impact.

House Bill 1598 would allow parents to seek conversion therapy for a gay child without interference from the state.

“That gives people the choice, parents the opportunity, to take their children for some counseling if they’re struggling with same sex attraction,” Rep. Kern said.

Some legal experts say while there’s a chance her bills could pass with the conservative Oklahoma climate, there’s no chance they’d hold up in federal court if and when they are challenged.

“This blows my mind. These new proposed bills harken back to the days of the Jim Crow laws,” legal analyst Adam Banner says.

The next legislative session begins in February.
To be specific, HB 1599 says that any public official performing a same-sex marriage will lose their salary and pension. Also that no public money shall be spent enforcing any court order requiring the issuing or recognition of any such marriage. I can't imagine any state legislature being dumb enough to pass this, and the courts would likely strike it down soon after. Still, this is disquieting.
"Any plan which requires the direct intervention of any deity to work can be assumed to be a very poor one."- Newbiespud

User avatar
The Romulan Republic
Emperor's Hand
Posts: 15078
Joined: 2008-10-15 01:37am

Re: General Gay Marriage Issues Thread

Post by The Romulan Republic » 2015-01-31 12:33am

A link to the source would be nice.

And Oklahoma was already on my list of states that could cause another civil war with their far Right lunacy.

User avatar
Ahriman238
Sith Marauder
Posts: 4854
Joined: 2011-04-22 11:04pm
Location: Ocularis Terribus.

Re: General Gay Marriage Issues Thread

Post by Ahriman238 » 2015-02-05 05:59pm

My original source was addictinginfo.org, a site that seems dedicated to showing everyone whining about "mainstream liberal media" what a REAL liberal media outlet looks like. Following up netted me only the article from a local news channel, which I quoted in it;s entirety. And now I can't seem to find either article, though KFOR has three follow-up articles.
"Any plan which requires the direct intervention of any deity to work can be assumed to be a very poor one."- Newbiespud

User avatar
Borgholio
Sith Acolyte
Posts: 6275
Joined: 2010-09-03 09:31pm
Location: Southern California

Re: General Gay Marriage Issues Thread

Post by Borgholio » 2015-02-09 08:16am

Looks like the Alabama State Supreme Court has ordered state judges to refuse the Federal Judge's order to allow same-sex marriage. Due to this, the ACLU has set up a hotline and is stationing lawyers at courthouses around the state ready to immediately challenge any reports of gay couples being denied marriage licenses.

This...is going to be interesting.

http://www.tuscaloosanews.com/article/2 ... ?p=1&tc=pg
You will be assimilated...bunghole!

Post Reply