Marriage Equality summary

The fight for marriage equality, and issues related to it, moves so fast that The Gayly issues a summary periodically. Here are recent developments.

Federal government

Attorney General Eric Holder, addressing a meeting of state Attorneys General, said that AG’s do not need to defend laws that they consider unconstitutional. His comments were addressed mainly at defense of state bans on same-sex marriage. Several state AGs have decided not to defend their state’s ban because they consider them unconstitutional in light of the Supreme Court’s Windsor ruling last June.

Texas

On February 26, Federal District Judge Orlando Garcia declared Texas’ ban on same-sex marriage unconstitutional. The ruling was stayed, pending appeal. On February 27, the state filed notice with the court that it intends to appeal. The appeal goes to the Fifth Circuit Court of appeals in New Orleans.

Kentucky

On February 12, Federal District Judge John G. Heyburn II struck down the part of Kentucky’s same-sex marriage amendment, ruling that the state must recognize same-sex marriages performed in states and countries where it is legal. The judge issued his final order on February 27, without staying his order. Couples seeking recognition such as driver’s license name change, will have to wait for the state to get word to counties about how to put the ruling in effect. Another case, seeking to force the state to issue licenses to gay couples, is close to final briefings.

Arizona

Last week, the Arizona legislature passed a ‘religious freedom’ bill that would allow individuals and businesses to discriminate against anyone, based on their personal religious beliefs. The law was primarily aimed at gay couples. There was a national outcry from gay and human rights groups, and notably from many large corporations including American Airlines, Southwest Airlines, and Apple. Gov. Jan Brewer vetoed the bill on Wednesday, February 26.

Kansas

A bill passed by the Kansas House of Representatives, supposedly protecting religious freedom, is dead in the Senate. However, a Senate committee plans to hold hearings on the topic in the near future. Activists were able to mobilize a large turnout to lobby legislators against the bill.

Virginia

A second county clerk has filed an appeal to the Virginia marriage equality ruling. Mark Herring, the Attorney General of Virginia, refused to defend the ban in court, although his office has also filed an appeal to speed up the appeal process.

Illinois

Two counties, Cook – where Chicago is located, and Champaign, are issuing marriage licenses to same-sex couples after a judge’s ruling that couple in Cook County could get them immediately. Macon County is considering the issue, with a decision next week. Several other counties say they are waiting until the June 1 start date in the marriage equality law. Quote of the week, from Champaign Country Clerk Gordy Hulten: If the original law “is unconstitutional in Cook Country it’s unconstitutional in Champaign County.”

Michigan

Although a judge, with legal filings from all parties, generally handles gay marriage ban court cases in Michigan there is an actual trial. The case has seen several days of testimony from experts supporting gay families and urging overturn of Michigan’s ban. Michael Rosenfeld of Stanford University, said, "It's clear that being raised by same-sex parents is no disadvantage to children," he said, broadly summarizing research in the field.

Ohio

In Ohio, a bill in the legislature similar to the Arizona ‘religious freedom’ bill, has been withdrawn. The bill’s authors, a Republican and a Democrat, said, “with the controversy that is occurring in Arizona, we feel that it is in the best interest of Ohioans that there be no further consideration of this legislation.”

Staff report

The Gayly – February 28, 2014 @ 12:25pm