Senate Passes Same-Sex Marriage Protections

The US Senate voted 61-36 to pass the Respect for Marriage Act, protecting same-sex marriage nationwide. Twelve Senate Republicans joined Democrats in the vote. The bill will be sent to the House, where it is expected to easily pass before it is sent to President Biden’s desk.

The bill was crafted in response to a Supreme Court opinion by Clarence Thomas questioning the 2015 Obergefell v. Hodges precedent, which legalized same-sex marriage. A July 2022 Gallup poll found that 71% of Americans support same-sex marriage.

More:

“Senate passes bill to protect same-sex marriage,” Andrew Solender,” Axios

“Senate passes protections for same-sex marriages,” Michael Macagnone, Roll Call

“U.S. Senate passes bill to protect same-sex, interracial marriage,” Sheri Walsh, UPI

“Respect for Marriage Act: Senate passes same-sex marriage bill,” BBC News

“Senate passes landmark protections for same-sex marriage,” Al Weaver, The Hill

“Landmark same-sex marriage bill wins Senate passage,” Mary Clare Jalonick, Associated Press

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Pope in the USA: Punk’d by a Tea Party Saint, Hugged Gay Guys

When Everybody’s favorite pontiff, Pope Francis, visited Washington DC in September he had a secret meeting with intolerant, oath-breaking Rowan County Clerk Kim Davis and her current husband. It was a secret to His Holiness, anyway, who had no earthly idea who Mrs. Davis is. She was apparently one of many people he greeted during his Vatican Embassy stay.

Pope Francis didn’t set up the meeting; it was arranged by papal nucio Archbishop Carlo Maria Viganò, the Vatican’s envoy to the US, who was sent to the States by former Pope Benedict XVI to keep him from meddling in Vatican City politics. Archbishop Viganò turns 75 in a few months and is expected to be “retired” by the current pontiff.

While in DC Pope Francis met with a same-sex couple, Washington caterer Yayo Grassi and his long-time partner Iwan Bagus. His Holiness had personally invited Mr. Grassi, his former student at Colegio de la Inmaculada Concepción in Argentina, to a private audience, and there were hugs all around.

Lawyers for Kim Davis from the Falwell-affiliated Liberty Counsel claimed that the Pope’s off-the-cuff comments on conscientious objectors referred to their client, but the Vatican denied this, and many have observed that the county clerk is not a CO since she forced her beliefs on her deputies rather than letting them act on their own. Papal spokesmen have emphasized that the Papal greeting was not a show of support for the delinquent Rowan County clerk.

In Kentucky, They Really Believe in Marriage

Rowan County Clerk Kimberly Jean Bailey Davis believes in marriage so much, she’s had four of them. She’s making news right now for denying same-sex couples the right to civil marriage, a violation of the U.S. Constitution she swore to uphold. Apparently God told Ms. Davis that it’s okay to violate her oath to Him as well as the 14th Amendment.

For Kim Davis, the Rowan County Clerk’s office must seem like the family business, since her Mom held it for 37 years. Like her daughter, she also swore not to “commit any malfeasance of office” and to “faithfully execute the duties of my office without favor, affection or partiality, so help me God.” The Deity will no doubt settle with Kim Davis later, but Federal District Court judge David L. Bunning will decide if she’ll be held in contempt of court.

As County Clerk, Ms. Davis is paid $80,000 a year to do her job; annual per capita income in Rowan County is $17,094. Unemployment is 6.3%, so there’s room for one more.

Alabama Supreme Court Secedes From Union Over Same-Sex Marriage

On Tuesday the Alabama Supreme Court ordered the state’s probate judges to stop issuing marriage licenses for same-sex couples, adding yet another wrinkle to a messy situation. The story so far:

On January 23rd Federal District Judge Callie Granade struck down two Alabama state laws banning same-sex marriage.

On February 8th Alabama Chief Justice Roy Moore ordered state probate judges to ignore the Federal court ruling.

On February 9th the U.S. Supreme Court refused to stay the District Court’s decision, and on February 12th Judge Granade ordered the Mobile County Probate Judge to issue licenses to same-sex couples, and he and most Alabama judges complied.

On March 3rd, on a 7-1 ruling, with Chief Justice Roy Moore recusing himself, the Alabama Supreme Court issued a 138-page order for probate judges to cease granting marriage licenses to same-sex couples.

So why are Alabama judges standing in the courthouse door to prevent same-sex marriage, in defiance of a Federal court order? Is it … Jesus? Is it the Klan? Is this an echo of Alabama’s 33-year refusal to allow interracial marriage or some kind of nostalgia for the Confederacy?

Maybe. Mostly, it’s just politics. Alabama Supreme Court Judges are elected partisans, and their election depends on symbolic appeals to the state’s Republican Party base.

 More:

“Alabama Supreme Court Throws Tantrum, Defies Federal Judge, Halts Gay Marriages,” Mark Joseph Stern, Slate

Related:

“I Was Alabama’s Top Judge. I’m Ashamed by What I Had to Do to Get There.” Sue Bell Cobb, Politico Magazine

“John Oliver digs into the ‘horrifying spectacle’ of judicial elections,” Sarah Gray, Salon

UPDATE: 

“Alabama GOP proposes bill to let judges opt out of marrying gay couples — and Jews and Muslims too!” Jenny Kutner, Salon

“Ala. Bill Would Let Judges Opt Out Of Performing Gay Marriages,” Caitlin MacNeal, TPM Livewire

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Let’s Hear it for Good Old Nebraska

Judge Joseph F. Bataillon of the United States District Court for the District of Nebraska has issued an injunction ruling that Nebraska’s same-sex marriage ban is unconstitutional, and that as of March 9th, “all relevant state officials are ordered to treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage.”

Nebraska Attorney General Doug Peterson has filed an appeal with the 8th Circuit Court of Appeals.

Alabama Probate Judges Get Remedial Legal Education

On January 23rd Federal District Judge Callie Granade struck down two Alabama state laws banning same-sex marriage. On February 8th Alabama Chief Justice Roy Moore ordered state probate judges to ignore the Federal court ruling. On February 9th the U.S. Supreme Court refused to stay the District Court’s decision. On February 12th Judge Granade ordered the Mobile County Probate Judge to issue licenses to same-sex couples, and he complied. But while judges in 23 Alabama counties were issuing licenses to all couples, those in 18 counties were only licencing straight couples and 26 counties weren’t issuing any licenses at all. What gives?

Alabama Judge Impedes Marriage Equality

A week ago Federal District Judge Callie Granade struck down two Alabama state laws banning same-sex marriage and refused to stay the decision pending an appeal the the U.S. Supreme Court. The Supreme Court itself refused to institute a stay, so you’d think the matter would be settled, but we’re talking about Alabama here. Alabama Chief Justice Roy Moore has ordered state officials to ignore the Federal court ruling.

Marriage Equality in the Heart of Dixie

Federal District Judge Callie Granade has struck down two Alabama state laws banning same-sex marriage. Alabama is now the 37th state where same-sex marriage is legal.

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South Dakota Marriage Equality

U.S. District Court Judge Karen Schreier has ruled than South Dakota’s ban on same-sex marriage is in violation of the Due Process and Equal Protection Clauses of the U.S. Constitution. “Plaintiffs have a fundamental right to marry,” wrote Judge Schreier.  “South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification.” The judge stayed her ruling pending appeals, which SD Attorney General Marty Jackley has promised. The attorney for the successful plaintiffs intends to appeal the stay.

More:

“Judge strikes down South Dakota gay marriage ban,” Reid Wilson, Washington Post

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Marriage Equality in Virginia. And 10 Other States.

The Supreme Court declined to reconsider federal appeals court rulings overturning bans on gay marriage in five states. Same-sex marriage is now legal in Virginia, Utah, Oklahoma, Indiana and Wisconsin. Six other states — Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming — bound by the same appellate rulings had stayed same-sex marriage pending the Supreme Court’s review, and should get with the program shortly. That means marriage equality is the law in 30 states and the District of Columbia.