Showing posts with label Freedom To Marry. Show all posts
Showing posts with label Freedom To Marry. Show all posts

Wednesday, June 26, 2019

#LGBT #EqualityDay June 26 Anniversaries: Obergefell (2015), Windsor (2013) and Lawrence (2003)


Today is a big day in LGBT equality. Three landmark Supreme Court decisions have previously been announced on June 26 (2003, 2013 and 2015), all written by Justice Anthony Kennedy, who retired last  year and was replaced by Brett Kavanaugh. Respectively, these cases overturned bans on private non-commercial sexual conduct (Lawrence v Texas), struck down the  Defense of Marriage Act which purported to prohibit recognition of legal same-sex marriages by the federal government (United States v Windsor) and struck down all state laws banning marriages of same-sex couples (Obergefell v Hodges).

Tomoorow is the last day of the 2018-2019 Supreme Court term and some existing cases (on the legality of partisan gerrymandering and pretextual manipulation of the 2020 Census for partisan gain by the Trump administration) will be decided.

Fingers crossed!

Wednesday, August 08, 2018

08/08/18: My 10th Wedding Anniversary Is Today!




Today is 08/08/18, the tenth anniversary of my wedding day on 08/08/08. Here are some rare pictures of MadProfessah with The Other Half, taken on our recent trip to Reykyavik (Iceland) and Paris (France) in summer 2018. (See my Instagram feed for more images from our trip, and lots of pictures of my the outfit I wear every day!)

Coincidentally, August 8 is a famous tennis birthdate: (Roger Federer is 37 and Felix Auger-Aliassime is 18)

Thursday, May 24, 2018

POLL: Support for marriage equality now 67% Yes 33% No

I'm still on vacation in Iceland but could not resist posting the information that public support for marriage equality has now been completely inverted in the last two decades, from 2:1 opposition to 2:1 support! I have been working for and involved with the freedom to marry movement since the early 1990s so this result is quite heartwarming.

Hat/tip USA TODAY

Sunday, May 21, 2017

POLL: Support For Marriage Equality Nearly 2:1 (64%-34%)


As someone who was in the trenches fighting for marriage equality for close to twenty years, it is exciting to report that public opinion has now swung dramatically in favor of supporting same-sex marriages.

According to Gallup, 64% of Americans support marriage equality, with opposition at 34%. Even Republicans have plurality support for the position that the law should support marriages between same-sex couples.

To put it succinctly, Gallup says:
Though the Supreme Court has settled the legality of same-sex marriage, a third of Americans are opposed to it. 
But support for gay marriage has gradually increased over the past two decades, reaching majority support with new groups, as it did with senior citizens in 2016 and Protestants this year. Republicans' support for gay marriage is also at a new high and could trend toward majority support in the near future.
It is worth noting that nearly two years after Obergefell legalize same-sex marriage that a full third of respondents think it should be illegal.

However it is pretty awesome to see the trend; hopefully it will remain monotonically increasing from now on!

Monday, November 14, 2016

QUEER QUOTE: President-elect Trump Says His Position on Same-Sex Marriage is "Irrelevant"


Today's Queer Quote is from President-elect Donald Trump who  on said in an interview that aired on 60 Minutes last Sunday night that his position on marriage equality is "irrelevant" because the issue is "settled." He might want to alert Vice-President-elect Mike Pence of this public policy position.

This excerpt from the transcript of Trump's remarks regarding marriage equality are our Queer Quote for today:
LESLEY STAHL: Well, I guess the issue for them is marriage equality. Do you support marriage equality?
DONALD TRUMP: It---it's irrelevant because it was already settled. It's law. It was settled in the Supreme Court. I mean it's done.
LESLEY STAHL: So, even if you appoint a judge that---
DONALD TRUMP: It's done.  It -- you have -- these cases have gone to the Supreme Court. They've been settled. And--I'm--I'm fine with that.

The National Organization for Marriage clearly doesn't agree with Trump that this issue is "settled." We shall see!

Friday, July 03, 2015

QUEER QUOTE: Evan Wolfson Declares Victory For Marriage Equality

About a week after the announcement of the United States Supreme Court's decision in Obergefelll v. Hodges which ended all state-based bans on same-sex marriage nationwide, Evan Wolfson, the architect of this sea change in civil rights for LGBT people and founder of Freedom to Marry, has communicated his victory message to that organization's supporters:
I always believed we would win, but what a joy and relief it was when our victory came. As I read the Supreme Court opinion, as I followed the stories across the country of couples getting married, and as so many people wrote me with wonder, attaching pictures of their families, their kids, their weddings ... well, I cried and cried again. 
We won. We did it. The freedom to marry is now the law of the land throughout our whole country. At long last, loving and committed same-sex couples are able to share in the joy, the protections, the vocabulary, and the institution of marriage. 
We've been fighting this campaign for decades, and not a single step has come easily. To overcome the obstacles and to seize the opportunities, with stumbles and then successes, we built a machine that could guide and leverage a movement, driving a strategy — and machines take fuel. Without your support, this transformation and triumph would not have happened. 
And our win is America's win. Love won. We all did. 
Now — as Freedom to Marry prepares to wind down — we must remember that there's still much work to do in our own LGBT movement and in the broader movements we are part of. 
I am grateful to my incomparable Freedom to Marry team, our close movement colleagues, the entire family of supporters and partners in the work, our allies, and our country. How lucky we are to see our work rewarded with the change and victory we sought and deserved. 
All that's left is to say, with all my heart, is congratulations — mazel tov! — and thank you. 
Evan WolfsonFounder, Freedom to Marry
Congrats!

Friday, June 26, 2015

Gaytterdämmerung: SCOTUS Strikes Down All Bans On Marriage Equality Nationwide In Sweeping 5-4 Ruling





As expected, the United States Supreme Court ruled in a 5-4 decision called Obergefell v. Hodges that there is a constitutional right to marry enjoyed by same-sex couples, effectively striking down the remaining bans on marriage equality remaining in the fourteen states by reversing the 6th U.S. Circuit's bizarre ruling upholding bans in Kentucky, Ohio, Michigan and Tennessee last November.

Amazingly, the ruling was issued on the third anniversary of United States v. Windsor (June 26, 2013) striking down the so-called Defense of Marriage Act and the thirteenth anniversary (June 26, 2003) of the landmark decision in Lawrence v Texas overturning laws criminalizing private homosexual conduct between consulting adults.

Saturday, May 23, 2015

Ireland Enacts Marriage Equality As Amendment Passes With Over 60% #VoteYes


As expected, Ireland became the first country in the world to legalize marriage equality by a popular vote when the country passed a constitutional amendment by a huge margin of 62%-38% buoyed by record high turnout of over 60 of the voting population.

Freedom To Marry's Evan Wolfson said:
With a resounding vote in favor, Ireland now becomes the first country in the world to pass the freedom to marry by popular referendum, as well as the 21st nation and the 10th predominantly Catholic country in which same-sex couples can marry. Our Irish colleagues at Yes Equality ran a magnificent campaign and Freedom to Marry is proud to have shared what we’ve learned in our own campaign here in the US. The global momentum for the freedom to marry reflects and reinforces the progress we are making here in the United States – and we look now to the Supreme Court to bring our country to national resolution, following Ireland’s good example.
Ireland is now the 21st country where same-sex couples have an equal right to marry.
Eighteen countries have approved the freedom to marry for same-sex couples nationwide (Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, France, Brazil, Uruguay, New Zealand, Britain, Luxembourg, Finland and now Ireland), while two others have regional or court-directed provisions enabling same-sex couples to share in the freedom to marry (Mexico and the United States). In Slovenia, Parliament approved a marriage bill in March 2015 and is headed to the president's desk.
Woo hoo!

Tuesday, April 28, 2015

Gaytterdämmerung II: SCOTUS Hears Oral Arguments In Obergefell v Hodges

Source
Today is the day that many people have been waiting for. The Supreme Court heard oral arguments about two questions that will decide whether same-sex couples will be able to get married in every state in the nation, and secondly, whether when they are married in a jurisdiction that allows it, will other jurisdictions be forced to recognize those marriages. If it seems like we just recently had a significant case from the Supreme Court on same-sex marriage,we did, but it was two years ago. I was actually in DC at the time so I went by the Court to witness the spectacle of wheat happens before a major case.

In those cases, Proposition 8 ended up being held to remain invalidated (Hollingsworth v. Perry) and the so-called Defense of Marriage Act (DOMA) was struck down (United States v. Windsor).

Today's case was Obergefell v Hodges and you should read the always excellent SCOTUS blog for complete coverage and a plain-english explanation of what happened. Apparently, no one is very sure of what the final decision will be. That really, can be considered something of a win for the heterosexual supremacists because they have spent the last 18 months or so losing literally dozens of cases before federal judges who have been striking down bans on same-sex marriage using the United States Constitution and the reasoning contained in Windsor.

If the Court does decide that there is NOT a fundamental right to marry for same-sex couples *and* that states do not have to be forced to recognize marriages from one state that could not be performed in their state, then the Washington Post has a good map and explanation of what the state of play could be.
Only 11 states have enacted marriage equality through "majoritarian democratic" processes so far, so it would mean that there would be battles going on in 39 different states to change the law. This would potentially include California, where Proposition 8 is not the law of the land due to a District Court decision that would no longer be valid if the Supreme Court issues a ruling that changes the legal landscape. You can bet that heterosexual supremacists would start litigating to have Proposition 8 re-instated and LGBT activists would rush to collect signatures to have a 2016 vote on the question.

The 21 states whose marriage laws have been struck down by lower federal courts and where couples have been getting married legally would suddenly have their marriages thrown into limbo (although it is more likely than not those marriages would be deemed valid, but it might take another Supreme Court case to resolve that issue).

Let's hope the Justices do the right thing and realize that there is no harm to opposite-sex couples when same-sex couples are allowed to marry.

Hat/tip to Scotus Blog and Joe.My.God

Thursday, March 05, 2015

SCOTUS Says Oral Argument Date For April 28 In Marriage Equality Cases

The United States Supreme Court has set the date for oral arguments in the four marriage equality cases from the 6th U.S. Circuit that it earlier agreed to hear appeals of: Tuesday April 28.
On January 16, the United States Supreme Court announced that this year, they will hear arguments in a case on the question of whether same-sex couples should have the freedom to marry and if anti-marriage laws nationwide should be struck down as unconstitutional. The Court granted review of an out-of-step ruling from the U.S. Court of Appeals for the 6th Circuit, which ruled in November against the freedom to marry in Kentucky, Michigan, Ohio and Tennessee. In each of these cases, federal judges had ruled in favor of the freedom to marry for all, and the 6th Circuit reversed each decision. 
The arguments are in the cases Obergefell v. Hodges from Ohio, Tanco v. Haslam from Tennessee, DeBoer v. Snyder from Michigan, and Bourke v. Beshear from Kentucky. The states' response briefs are due March 17, and final reply briefs are due April 17.

A final ruling deciding the fundamental question about whether same-sex couples have a fundamental right to marry (or that denying this right to same-sex couples unconstitutionally discriminates against them) will be issued by July 2015.

Thursday, February 12, 2015

QUEER QUOTE: Federal Judge Issues Order Enjoining Alabama Officials To Issue Marriage Licenses


Federal District Court Judge Callie Granade issued an order enjoining probate judges in Mobile, Alabama from refusing to issue marriage licenses to same-sex couples, despite spurious declarations from Chief Justice Roy Moore of the Alabama State Supreme Court that the fact that the United States Supreme Court refusal to issue  a stay on Granade's previous order striking down Alabama's discriminatory marriage amendment caused marriage equality to go into effect on Monday February 9th.

This excerpt from the federal order is today's Queer Quote:
Accordingly, the Court once again makes the following declaration: It is ORDERED and DECLARED that ALA. CONST. ART. I, § 36.03 (2006) and ALA. CODE 1975 § 30-1-19 are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. Probate Judge Don Davis is hereby ENJOINED from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage. If Plaintiffs take all steps that are required in the normal course of business as a prerequisite to issuing a marriage license to opposite-sex couples, Judge Davis may not deny them a license on the ground that Plaintiffs constitute same-sex couples or because it is prohibited by the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act or by any other Alabama law or Order pertaining to same-sex marriage. This injunction binds Judge Don Davis and all his officers, agents, servants and employees, and others in active concert or participation with any of them, who would seek to enforce the marriage laws of Alabama which prohibit or fail to recognize same-sex marriage. DONE and ORDERED this 12th day of February, 2015. 
Boom!

Hat/tip to Chris Geidner 

Friday, January 16, 2015

Marriage Equality Cases Will Be Decided By US Supreme Court This Term!

Great news! The United States Supreme Court agreed to hear (granted certioari) in a number of consolidated cases from all four states in the Sixth Circuit that could lead to a ruling striking down all state-based laws that prohibit same-sex couples from getting married and states from recognizing those marriages. Two years ago on June 26, 2013 the Court ruled that the Congress could not enact a law to prohibit recognition by legally married same-sex couples for federal purposes.

There are currently 36 states (and the District of Columbia) with marriage equality, so the ruling by the Supreme Court would likely strike down the bans in the 14 remaining states.

The specific question the Supreme Court will ask parties to address in briefs and oral arguments are:
 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? 
It is likely there will be oral arguments in April (90 minutes on Question 1, 60 minutes on Question 2) and a final decision issued in the case(s) by June 2015.

Woo hoo!

Hat/tip to Chris Geidner!

Friday, January 02, 2015

There Will Be 36! Marriage Equality Will Begin In Florida Next Week



Next week Florida will almost certainly become the 36th state where same-sex couples can get legally married when a federal judge's injunction against the Sunshine State's constitutional amendment banning marriage equality goes into effect at 5pm on January 5, 2015. U.S. District Court judge Robert L. Hinkle ruled on New Year's Day that his order applies specifically to the couple who filed before him but that his ruling makes it clear that the statute barring the issuance of marriage licenses to same-sex is unconstitutional and if clerks act based on an unconstitutional law he will entertain all such couples being added as parties to the original lawsuit.

This is how the Judge puts it:
The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants. But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses. As in any other instance involving parties not now before the court, the Clerk’s obligation to follow the law arises from sources other than the preliminary injunction.
Hat/tip to Joe Jervis 

Monday, December 29, 2014

GRAPHIC: Polling Data On Marriage Equality 1985-2015

As 2014 comes to a close we should take stock of where we are on the question of marriage equality. Right now 35 states have marriage equality, with Florida (the 3rd largest state in the Union) going into effect on Monday January 5. That is very close to two-thirds of the population living in jurisdictions with marriage equality.

The U.S. Supreme Court is considering appeals from the states in the 6th Circuit within the next week or so and if they grant certiorari then we could have a final national determination by July 2015.

The graphic above shows the  polling data on support for marriage equality (i.e. same-sex marriage) for the last three decades. It's a pretty picture!

Hat/tip to Daily Kos

Thursday, November 20, 2014

Now There Are 35! South Carolina Joins Marriage Equality States!


The Supreme Court today denied South Carolina's request for a stay on the implementation of a federal judge's ruling in Condon v. Wilson declaring the Palmetto State's ban on marriage equality unconstitutional.

As Freedom to Marry notes, today's actions means that 35 states in total, including all states in the 4th, 9th and 10th Circuits are currently issuing marriage licenses to same-sex couples. There are pending hearings in federal court the 5th Circuit (very conservative) and the 6th Circuit recently ruled against marriage equality, with all of the plaintiffs in those four states (Kentucky, Michigan, Ohio and Tennessee) now petitioning the Supreme Court to hear their appeal of that decision. The  Arkansas Supreme Court heard oral arguments today in the appeal of  a state court ruling in favor of marriage equality.

Hat/tip to Joe Jervis

Wednesday, November 19, 2014

And Now There Are 34! Montana Joins The Marriage Equality Majority


Wow! Montana today joined the rest of the Ninth U.S. Circuit when a federal judge issued a ruling striking down the Treasure state's ban on same-sex marriage. One key excerpt from the ruling in Rolando v. Fox is:
The Court hereby DECLARES that Montana’s laws that ban same-sex marriage, including Article XIII, section 7 of the Montana Constitution, and Montana Code Annotated section 40-1-103 and section 40-1-401, violate Plaintiffs’ rights to equal protection of the laws as guaranteed by the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The Court PERMANENTLY ENJOINS the State of Montana and its officers, employees, agents, and political subdivisions from enforcing Article XIII, section 7 of the Montana Constitution, Montana Code Annotated section 40-1-103 and section 40-1-401, and any other laws or regulations, to the extent that they prohibit otherwise qualified same-sex couples from marrying in Montana, and to the extent that they do not recognize same-sex marriages validly contracted outside Montana. This injunction shall take effect immediately.
That makes it pretty clear that same-sex couples can get married in Big Sky Country now! (There is no stay on the order.) The Democratic Governor of Montana Steve Bullock praised the decision while the Republican Attorney General (named defendant) Tim Fox announced that he would appeal the decision (presumably to the Ninth Circuit, which has already ruled that marriage equality is required under federal law, and then to the Supreme Court, which has previously refused to issue stays on the effect of marriage equality rulings from the 9th Circuit.

Another key quote from the ruling is:
Montana’s laws that ban same-sex marriage impose a “disfavored legal status” on same-sex couples. The time has come for Montana to follow all the other states within the Ninth Circuit and recognize that laws that ban same-sex marriage violate the constitutional right of same-sex couples to equal protection of the laws. Today Montana becomes the thirty-fourth state to permit same-sex marriage.
And so it goes...

Hat/tip to Equality Case Files.

Wednesday, November 12, 2014

SCOTUS Denies Kansas Request For Stay On Marriage Equality Ruling

The Supreme Court denied a last-ditch effort by Kansas to prevent marriage equality from coming to the Sunflower State on Wednesday. As you can see from the order, only Clarence Thomas and Antonin Scalia would have granted the stay. There had been some question whether the Suporeme Court would continue allowing same-sex couples to get married in states after the 6th Circuit broke the string of appellate court rulings in favor of marriage equality last week, making it likely that the court will have to issue a ruling with national impact sooner rather than later.

Hat/tip to Chris Geidner

Thursday, November 06, 2014

Same-Sex Couples Getting Married In Missouri After Court Ruling

Missouri joined the ranks of marriage equality states today when a state judge struck down the Show Me state's ban on same-sex couples being issued marriage licenses and no stay was issued on the effect of the decision.

The Attorney General of Missouri issued this statement in response to the decision in State of Missouri v. Jennifer Florida:
We have appealed the ruling to the Missouri Supreme Court. The constitutional challenge to Missouri's historically recognized right to define marriage must be presented to and resolved by the state's highest court. Following decisions in Idaho and Alaska, the United States Supreme Court has refused to grant stays on identical facts. We will not seek a stay of this court’s order when the United States Supreme Court has ruled none should be granted.
Hopefully the state Supreme Court will issue a speedy ruling on the issue. Missouri is in the 8th circuit, which is one of the few federal appellate circuits which has not ruled on the question of whether state bans on marriage equality violate the federal constitution. The current case is in the state system but presumably there are parallel legal avenues ongoing in the federal system.

Tuesday, October 21, 2014

Now There Are 32! Wyoming Becomes Marriage Equality State

Just a few days after Arizona became the 31st state with marriage equality, another red state has joined the throng of marriage equality states today when Wyoming abandoned its fruitless legal battle in light of the U.S. Supreme Court's October 6 decision to not hear an appeal of two appellate circuits (the 4th and the 10th)  rulings that the federal constitution requires marriage equality.

What this means is that in 32 states (see map), same-sex couples can get married while there are three more states (Kansas, Montana and South Carolina) where federal appellate court rulings indicate that laws banning marriage equality are presumed unconstitutional, since a federal appellate court has said so about a sister state's laws in the same circuit.

This also means that there are for more states where same-sex couples can get married than where there are LGBT-based civil rights laws. This means that a couple can get married, and if their boss finds out about it, they can be fired from their job due to their sexual orientation and there is no state or federal legal recourse.

I suspect that this dispute will be the next phase of the LGBT equality movement, but it will take an affirmative change in public policy in a lot of these states where same-sex couples are brave enough to take advantage of their right to marry has been recognized by federal judges to change the state's laws.

Hat/tip to Joe Jervis

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