Marriage equality update

In the furor over the ruling by the federal Sixth Circuit Court, upholding state bans on same-sex marriage, some marriage equality news – both positive and negative – got lost. Here is a brief summary, including initial reaction regarding appeal of the Circuit Court’s decision.

Kansas asks appeals court to stay marriage ruling 

Topeka, Kan. (AP) — Kansas is asking a federal appeals court to stay a judge's preliminary injunction against the state enforcing its gay-marriage ban.

The state attorney general's office filed the request Thursday with the 10th U.S. Circuit Court of Appeals in Denver, a day after appealing a ruling from U.S. District Judge Daniel Crabtree.

The judge ruled in lawsuit filed by the American Civil Liberties Union for two lesbiancouples who were denied marriage licenses.

But Crabtree noted in his decision Tuesday that the 10th Circuit has struck down similar bans in Oklahoma and Utah. Crabtree stayed his order until Monday to give the state a chance to appeal it.

Kansas wants Crabtree's ruling stayed until the appeals court decides the case.

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South Carolina

Nonprofit says SC gay marriage ban hurts kids 
Columbia, S.C. (AP) — A children's rights group says South Carolina's same-sex marriage ban is harmful to children with gay parents.

The Lawyers' Committee for Children's Rights says in court papers filed this week that children of gay couples thrive like any kids in two-parent homes but are discriminated against by South Carolina's law.

The nonprofit advocacy group filed its papers Wednesday in one of the lawsuits challenging South Carolina's ban on gay marriage. In that case, a lesbian couple legally married in Washington, D.C., wants South Carolina to recognize their marriage. The couple has three children.

Other lawsuits ask state officials to let couples married in other states legally change their names here. In another case, a Charleston couple wants a federal judge to allow them to get a marriage license there.

by Meg Kinnard, Associated Press

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Michigan

Supreme Court appeal next in gay marriage case 
Ferndale, Mich. (AP) — Two Detroit-area nurses who challenged Michigan's ban on gay marriage said Thursday they'll next go to the U.S. Supreme Court after an appeals court upheld that law along with bans in three other states.

"Onward and upward. We're ready to go," attorney Carole Stanyar told The Associated Press moments after the 6th U.S. Circuit Court of Appeals upheld anti-gay marriage laws in Michigan, Ohio, Kentucky and Tennessee. The panel broke ranks with other courts that have considered the issue, setting up the possibility of Supreme Court review.

by Ed White and Jeff Karoub, Associated Press

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Kentucky gay marriage to be appealed 

Louisville, Ky. (AP) — A Kentucky plaintiff said Thursday that a ruling upholding the state's ban on same-sex marriages will likely be appealed to the U.S. Supreme Court with hopes of having the case heard this year.

Greg Bourke described the ruling as the "ultimate disappointment."

"We're definitely going to fight this, one way or the other. And maybe in more than one way," said Bourke, who married his partner, Michael DeLeon in Canada.

Shannon Fauver of Louisville, who represents Bourke and DeLeon, said a quick appeal of a decision by the U.S. 6th Circuit Court of Appeals in Cincinnati could result in oral arguments by spring.

by Brett Barrouquere, Associated Press

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Ohio group still plans gay marriage ballot effort 

Columbus, Ohio (AP) — A group seeking a constitutional amendment on the ballot to overturn Ohio's gay marriage ban says it will continue that push while hoping that the issue will be heard by the U.S. Supreme Court.

FreedomOhio Executive Director Ian James outlined that plan in a statement Thursday after a federal appeals court in Cincinnati upheld anti-gay marriage laws in Ohio and three other states.

The court broke ranks with other courts that have considered the issue, increasing the likelihood that the Supreme Court will take it up.

James says his group hopes that happens and that the court overturns the state ban, which he calls discriminatory. In the meantime, he says the group will continue collecting signatures for the ballot effort.

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North Carolina

Official: NC magistrates duty-bound to marry gays 

Raleigh, N.C. (AP) — The chief administrator of North Carolina's courts told a top legislator that magistrates are duty-bound to marry gay couples and he's seen no federal law or rulings exempting them based on religious beliefs opposing same-sex marriage.

Administrative Office of the Courts Director John W. Smith wrote this week in response to a letter from Senate leader Phil Berger, R-Rockingham, and more than two dozen other Senate Republicans. The Oct. 24 letter asked Smith to revise a directive ordering magistrates to perform civil weddings for gay couples or face losing their jobs.

Several magistrates have quit rather than perform same-sex marriages since two federal judges last month blocked enforcement of the state's gay marriage prohibition approved by voters in 2012. The rulings came when the U.S. Supreme Court refused to hear a case that overturned Virginia's similar ban.

by Gary D. Robertson, Associated Press

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The Gayly – November 7, 2014 @ 10:15am