Posts Tagged ‘LGBT’

Alabama Supreme Court Secedes From Union Over Same-Sex Marriage

March 5, 2015

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

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Let’s Hear it for Good Old Nebraska

March 3, 2015

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.

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Alabama Probate Judges Get Remedial Legal Education

February 15, 2015

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?

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Marriage Equality in the Heart of Dixie

January 24, 2015

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

January 14, 2015

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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Image by Mike Licht. Download a copy here. Creative Commons license; credit Mike Licht,NotionsCapital.com

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Marriage Equality in Virginia. And 10 Other States.

October 7, 2014

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.

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The New Gentrifiers

August 17, 2014

The New Gentrifiers

“Look out, gays and lesbians – the straight people are coming for your real estate. In There Goes the Gayborhood, a new book for the Princeton Press, author and University of British Columbia associate professor of sociology Amin Ghaziani explores whether venerable ‘gayborhoods’ like San Francisco’s Castro and New York City’s West Village are disappearing in ‘a new post-gay era.’ As demographics shift, is it a sign of acceptance of a community – or the dilution of it? Is it possible, as the New York Times once so damningly put it, that ‘gay neighborhoods face the prospect of becoming passé’?

— “Are America’s ‘gayborhoods’ dying out?” Mary Elizabeth Williams, Salon

 More:

“The rise and fall of American gayborhoods,” Matthew Yglesias, Vox

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Appeals Court Rules for Virginia Marriage Equality

July 29, 2014

Appeals Court Rules for Virginia Marriage Equality

The U.S. Court of Appeals for the 4th Circuit in Richmond upheld a lower court’s decision that Virginia’s ban on same-sex marriage is unconstitutional. The decision is stayed for at least 21 days, but then may become effective in Virginia and other areas under the court’s jurisdiction, which includes Maryland, West Virginia, North Carolina and South Carolina. Maryland already permits same-sex marriage.

 More:

“Appeals court upholds decision overturning Virginia’s same-sex marriage ban,” Robert Barnes and Jenna Portnoy, Washington Post

“Another Court Rules Virginia’s Ban On Same-Sex Marriage Is Unconstitutional,” Sarah Ann Hughes, DCist

“Appeals Panel Rejects Virginia Gay-Marriage Ban,” Erik Eckholm, New York Times

“Virginia gay marriage ban is unconstitutional, federal court rules,” By Michael Muskal, Los Angeles Times

“Virginia same-sex marriage ban violates fundamental right, appeals court says,” Warren Richey, Christian Science Monitor

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Image by Mike Licht. Download a copy here. Creative Commons license; credit Mike Licht, NotionsCapital.com

Comments are welcome if they are on-topic, substantive, concise, and not boring or obscene. Comments may be edited for clarity and length.

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Appeals Court: Oklahoma Same-Sex Marriage is OK

July 18, 2014

Appeals Court: Oklahoma Same-Sex Marriage is OK

The 10th Circuit Court of Appeals has upheld an earlier Federal court decision and struck down Oklahoma’s same-sex marriage ban, ruling it violates the Constitution’s Equal Protection Clause and Due Process Clause. The same Federal court rejected a similar law in Utah. Either or both of those cases may now be brought before the U.S. Supreme Court.

The full Oklahoma opinion is here.

More:

“Court Finds Oklahoma Cannot Ban Gay Nuptials,” Jack Healy and Adam Liptak, New York Times

“Appeals court upholds ruling voiding Oklahoma gay marriage ban,” Heide Brandes, Reuters

“Federal appeals court rejects Oklahoma’s same-sex marriage ban,” German Lopez, Vox

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Image by Mike Licht. Download a copy here. Creative Commons license; credit Mike Licht, NotionsCapital.com

Comments are welcome if they are on-topic, substantive, concise, and not boring or obscene. Comments may be edited for clarity and length.

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Back Home Again in Indiana

June 26, 2014

Back Home Again In Indiana

U.S. District Court Judge Richard L. Young ruled Wednesday that Indiana’s state law banning same-sex couples from marrying or having their marriages from other states recognized is unconstitutional. Indiana Attorney General Greg Zoeller filed an emergency motion to stay the ruling pending an appeal, but the ruling took effect immediately and Hoosier couples rushed to marry.

We think it’s time to cue Jim Nabors:

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