Marriage equality update
New York / Military
West Point hosts first wedding between 2 men
WEST POINT, N.Y. (AP) — Two West Point graduates were married Saturday in the military academy's first wedding between two men.
Larry Choate III, class of 2009, married Daniel Lennox, class of 2007, before about 20 guests.
Choate, 27, taught Sunday school at the U.S. Military Academy's Cadet Chapel and said he always thought of it as the place he would get married if he could.
West Point hosted two same-sex weddings of women in late 2012, more than a year after New York legalized gay marriage. But Saturday's wedding was the first time two men wed at West Point.
"It's maybe one more barrier that's pushed over a little bit, or maybe one more glass ceiling that's shattered that makes it easier for the next couple," Choate said Friday.
Choate and Lennox are out of the military and wore tuxedoes for the ceremony. Some of their guests were in uniform.
The 28-year-old Lennox is getting his master's degree in business administration at Harvard University. Choate is applying to Harvard's John F. Kennedy School of Government.
The pair did not know each other as cadets but met later through a friend.
Chaplain Cynthia Lindenmeyer officiated the ceremony.
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Ohio
Ohio gay-marriage lawsuit can proceed
AMANDA LEE MYERS, Associated Press
CINCINNATI (AP) — A federal judge on Friday ruled that a lawsuit seeking to have gay marriages recognized on Ohio death certificates can proceed despite a statewide ban on the nuptials.
Judge Timothy Black rejected a request from state attorneys asking to have a funeral director removed from the lawsuit, a move that essentially would have squelched it.
By allowing Cincinnati funeral director Robert Grunn to remain a plaintiff, the judge allows for his upcoming final ruling in the lawsuit to apply to potentially every gay Ohio couple who married in another state.
In his ruling, he indirectly addressed critics of the lawsuit who have called for his impeachment for encroaching on state's rights, among other allegations.
"Despite the fact that voters may support a given law, rights protected by the U.S. Constitution can never be subordinated to the vote of the majority," the judge wrote.
The lawsuit originally was filed by and would have applied only to two gay Cincinnati couples who married over the summer in other states. One spouse in each couple recently died, and the surviving spouses sought to have them recognized on death certificates as married for practical burial purposes and symbolic ones.
The judge issued temporary orders granting their requests, saying that the couples deserved to be treated with respect and that Ohio law historically has recognized out-of-state marriages as valid as long as they were legal where they took place. He cited marriages between cousins and those involving minors.
"How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriages as ones it will not recognize?" the judge wrote in July. "The short answer is that Ohio cannot."
When Grunn was added to the lawsuit as a plaintiff in September, his attorneys asked the judge for a broader ruling to require Ohio's health department director to order all funeral directors and coroners to list gay clients as married if they were legally wed in other states.
The judge is expected to issue that decision in December.
He considered lengthy arguments earlier this week on whether to allow Grunn to remain a plaintiff.
The state's attorneys argued that Grunn's constitutional rights aren't affected by the ban, that he has no standing in the matter because he doesn't have a close relationship with future clients who could be affected and that he has no reason to believe he would be prosecuted for documenting his gay deceased clients as married.
The judge agreed in his ruling that Grunn's constitutional rights weren't affected but found that he could remain on the case for several reasons, including a reasonable possibility that he could face prosecution and that he can establish a close relationship with future clients.
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Nebraska
Nebraska lawmakers revive same-sex marriage debate
GRANT SCHULTE, Associated Press
LINCOLN, Neb. (AP) — Nebraska lawmakers are trying to resolve legal conflicts for same-sex couples who qualify for benefits at the federal level and in states that allow gay marriage or civil unions, but whose relationships aren't recognized here.
Lawmakers convened a hearing on Friday in response to the U.S. Supreme Court ruling in June that tossed out part of the federal Defense of Marriage Act and cleared the way for legally married same-sex couples to receive federal tax, health and pension benefits.
The hearing focused on restrictions in place for same-sex couples in Nebraska that want to marry, or have done so in other states. Nebraska doesn't recognize same-sex marriages, civil unions, or domestic partnerships, under a constitutional amendment approved by voters in 2000.
The Rev. Scott Jones, senior minister at First Central Congregational Church in Omaha, said Friday he married his husband, Michael, in a religious ceremony in Oklahoma in 2009. The couple moved to Omaha and formalized their marriage in Iowa, which allows same-sex marriage.
But the couple faces a confusing tax situation because Nebraska doesn't recognize their marriage, he said. Last month, Nebraska Tax Commissioner Kim Conroy cited the amendment in ruling that same-sex couples have to file their state returns using single status.
"Our family is more valued and better protected by the law when we cross the river (to Iowa) to shop at Menard's then it is when we are in our own home," Jones said. "This bizarre situation is unsustainable ... It's clear that our tax filing will be more complicated by Nebraska law, and may force us to pay higher taxes — which is ironic in a state that values lower taxes."
Supporters of the state constitutional amendment noted at the hearing it was approved by 70 percent support.
The Rev. James Patterson, also an Omaha pastor, said he views same-sex marriage as an erosion of Christian principles.
"I stand firmly with regard to the Judeo-Christian, biblical Christians for which we once stood," Patterson said. "I stand in support of DOMA."
The Nebraska Catholic Conference would also oppose any effort to repeal the state's constitutional amendment, executive director Jim Cunningham said. Cunningham said the group's position stems from the belief marriage is a natural, universal institution between a man and a woman that benefits society.
State Sen. Brad Ashford of Omaha, who supports same-sex marriage, has said he wants to explore a possible "middle ground" of civil unions, which he believes would receive stronger support from voters.
"I can come up with no other conclusion than gay people in loving relationships are a massive benefit to our state and our society," Ashford said Friday.
Fourteen states and the District of Columbia recognize same-sex marriage. Three states that forbid it — Hawaii, Colorado and Illinois — have authorized civil unions, which offer gay couples the same legal rights as heterosexual couples. Same-sex marriage is banned in 35 other states.
Sen. Ernie Chambers of Omaha said he plans to introduce a measure in next year's session to authorize same-sex marriage.
"We have to take this bull by the horns, and not let Nebraska forever, in every way, be backward," Chambers said.
Of the gay community, he said, "I am looking at people who are disrespected, who are humiliated, not because of something they did, but because of what they are."
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Colorado
Couple files suit against Colo. gay marriage ban
BRIGHTON, Colo. (AP) — A Colorado gay couple has filed a lawsuit seeking to overturn the state's constitutional ban on same-sex marriages.
Dr. Rebecca Brinkman and Margaret Burd filed the lawsuit Wednesday in Adams County District Court after they say they were denied a marriage license earlier the same day. Colorado voters outlawed gay marriage in 2006.
This year, Colorado passed a same-sex civil unions law. But Brinkman and Burd's attorneys argue civil unions are inferior to marriage and more like a business relationship. The attorneys say Colorado's ban is unconstitutional and cite the U.S. Supreme Court ruling from June that invalidated part of the Defense of Marriage Act
Brinkman and Burd have been in a relationship for 34 years.
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Illinois
Momentum builds for possible gay marriage vote
SOPHIA TAREEN, Associated Press
CHICAGO (AP) — After months of energetic lobbying, both sides in the Illinois same-sex marriage debate are ready for a vote next week that supporters say would fulfill a pledge by the sponsor to bring the issue back to Springfield.
Anticipating a likely vote during the final week of the veto session, some lawmakers previously on the fence have announced their position on the question. Others are quickly drafting proposed changes so they can support the bill. More activists are calling for immediate action. And even opponents are planning for fallout ahead of the campaign season.
One legislator who firmed up his support is Rep. Al Riley, an Olympia Fields Democrat who's been hesitant to discuss his position publicly. He told The Associated Press he's now a "yes."
"I'm not in the business of discriminating against people," he said. The road to "good public policy is that you don't talk about it all the damn time."
The home state of President Barack Obama has been surprisingly resistant to same-sex marriage, even with Democrats leading the House, Senate and governor's office. The Senate passed the measure on Valentine's Day, but it wasn't called for a vote in the House because sponsor Rep. Greg Harris said he didn't have the 60 needed votes. In the waning hours of the spring session in May, he gave a tearful speech saying he'd give his colleagues more time and vowed to bring up the bill again.
Now those on both sides are gearing up for it next week, when lawmakers return to Springfield. And without much progress so far on other high profile issues like pensions, their focus is magnified.
"We have done everything we could to help ensure Greg Harris' promise to the people of the state of Illinois: Their representatives would go home to their districts and come back and vote on the bill," said John Kohlhepp, a union lobbyist hired to lead the same-sex marriage campaign.
Backers of the legislation wouldn't discuss vote tallies, saying it's too fluid. But those close to the bill appear to have a little more confidence.
"I'm feeling good," said Harris, a Chicago Democrat. "Things are moving in the right direction."
He said the number of states allowing same-sex marriage has continued to climb: currently there are 14 plus Washington D.C. Also the U.S. Supreme Court's decision over the summer to strike down a provision of the federal Defense of Marriage Act has added to the momentum, Harris said.
Aside from Riley, others have voiced support. Rep. Emanuel Chris Welch, a Hillside Democrat who wavered, said he's now solidly in favor. He said he sees it as a civil rights issue.
Opponents have vowed to line up primary challenges to lawmakers who vote in favor. That's the case for both Republicans who've said they support the measure — Rep. Ron Sandack of Downers Grove and Rep. Ed Sullivan Jr. of Mundelein — and potential Chicago area Democrats.
Bishop Larry Trotter of Sweet Holy Spirit Church and his coalition of African American pastors around the Chicago area have spoken out against same-sex marriage with aggressive robocall and radio ads. He said the group, which argues marriage should remain between a man and a woman, has started lining up challengers, though he declined to name any. Candidates who want to run for office face an early December petition deadline.
"We have some very serious candidates who are going to run in several of these districts," Trotter said. "They can't come to church with our support and then go and vote (against our interests) in Springfield."
However, some gay rights activists also have been divided. A handful picketed Harris' office last week, calling for an immediate vote out of the belief that it's mere politics preventing a vote.
"It feels like somewhat of a betrayal. This is a man who is one of us," Kelly Imgrund of the Gay Liberation Network said of Harris, who is openly gay. "He's been mum on everything."
The push for gay marriage began after Illinois legalized civil unions in 2011. Over the summer, the campaign included efforts to recruit more Republicans, though no more have come forward.
"We're having discreet conversations," said Pat Brady, the former head of the Illinois Republican Party who was hired to lobby Republicans.
Still, some Democrats have also been reluctant to endorse same-sex marriage.
Rep. Fred Crespo, Democrat from Hoffman Estates, said he was leaning "no," until this week when he made up his mind. He said he was torn as a practicing Catholic who also has a lot of gay friends. He said he's keeping his decision to himself until the vote.
"I'm at peace with my decision," Crespo said.
Rep. Anthony DeLuca, a Chicago Heights Democrat, said it is by far the top issue constituents and advocacy groups have contacted him about. He said some of the advocates' arguments — particularly equality for families — have been convincing but he wants to amend the bill to add more protections for church groups. Harris said he's not interested in altering the bill.
"There are very strong opinions on both sides I'm taking it all in," DeLuca said.
Suburban mayors back gay marriage legislation
Suburban mayors backing same-sex marriage legislation, aim to put pressure on lawmakers
SPRINGFIELD, Ill. (AP) — Seven suburban Chicago mayors are signing on in support of same-sex marriage.
Nonpartisan officials largely comprise the group from Plano, Geneva, North Aurora, St. Charles, Elburn, Yorkville and Sleepy Hollow. They released a letter Tuesday morning through the gay marriage advocacy group Illinois Unites for Marriage. The mayors say same-sex couples and their families are denied full protection under Illinois law.
Same-sex marriage legislation got a February Senate OK but has not been called for a vote in the Democratic-controlled House.
Activists are targeting moderate suburban Republicans as well as socially conservative members of the House Black Caucus Democrats to get the 60 votes needed.
Illinois allowed civil unions in 2011. There are now 14 states, plus Washington D.C., that allow gay marriage.
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Nevada
ACLU files brief in Nevada gay marriage appeal
CARSON CITY, Nev. (AP) — The ACLU of Nevada has filed a friend of the court brief challenging Nevada's ban on same-sex marriage.
The brief filed with the 9th U.S. Court of Appeals in San Francisco argues that marriage isn't a right to be reserved only for select citizens.
The ACLU brief is part of an appeal brought by the gay rights advocacy group Lambda Legal challenging a ruling last year by U.S. District Judge Robert Jones.
Jones upheld Nevada's ban on gay marriage that was approved by voters in 2002, saying Nevada has a "legitimate state interest" in maintaining the traditional institution of marriage.
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Virginia
Hearing held in Virginia gay marriage lawsuit
HARRISONBURG, Va. (AP) — A federal judge heard arguments Tuesday on whether to certify as a class action a lawsuit challenging Virginia's same-sex marriage ban.
U.S. District Judge Michael Urbanski also heard motions to dismiss Gov. Bob McDonnell and Staunton Circuit Court Clerk Thomas E. Roberts as defendants. The other defendant is Janet Rainey, the state registrar of vital records.
According to court records, Urbanski did not immediately rule on the motions. Aisha Michel of the ACLU of Virginia, which is representing the plaintiffs along with Lambda Legal, said the judge did not say when he would issue an opinion. Urbanski also canceled a Jan. 3 hearing on other issues that would have provided the first arguments on the merits of the case, saying he would reschedule it if necessary.
Two couples form the Shenandoah Valley, Joanne Harris and Jessica Duff of Staunton and Christy Berghoff and Victoria Kidd of Winchester, filed the lawsuit Aug. 1. They claim Virginia's constitutional amendment prohibiting gay marriage and denying recognition of such unions sanctioned by other states violates the equal protection and due process clauses of the Constitution.
The plaintiffs say in the lawsuit that they are seeking to represent all same-sex couples in Virginia who want to get married or have already married in other jurisdictions. About three dozen states do not allow same-sex marriage, and Virginia is one of 29 states that have put the ban in their constitutions.
Earlier in the summer, the U.S. Supreme Court struck down a provision of the federal Defense of Marriage Act that denied federal benefits to married gay couples. The justices also left intact a lower court ruling overturning California's gay marriage ban. That decision was based on a legal technicality and did not address the law's constitutionality.
Virginia voters approved the same-sex marriage ban 57 percent to 43 percent in 2006.
Brian Gottstein, a spokesman for Attorney General Ken Cuccinelli, has said the office does not comment on pending litigation. However, after the Supreme Court rulings in June, he said the office "will continue to defend challenges to the constitution and the laws of Virginia."
The ACLU has said its goal is to legalize gay marriage in at least 20 states by the end of 2016.
The lawsuit in Harrisonburg is the second one seeking to overturn Virginia's ban. A Norfolk couple filed a lawsuit in federal court in July.
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Pennsylvania
Death taxes become Pa. gay marriage battle front
MARK SCOLFORO, Associated Press
HARRISBURG, Pa. (AP) — Two women in separate cases have challenged Pennsylvania's policy that same-sex couples are not covered under the inheritance tax waiver that applies to heterosexual couples.
Barbara Alma Baus filed a petition in Northampton County's orphan's court on Friday, saying she married Catherine Burgi-Rios in Connecticut in 2011 and should not have to pay a 15 percent levy on Burgi-Rios' estate.
Meanwhile, a Department of Revenue Board of Appeals hearing officer this week will consider a protest of the inheritance taxes charged to the estate of Jeanne Schwartz. Schwartz' partner, Nancy Nixon, is seeking to overturn a $21,000 tax bill.
"It is a lot of money to me," said Nixon, 68, of Carlisle. "The main thing to me is that gay people should not be discriminated in this way. A relationship that is equal to a marriage in every sense should be treated as a marriage by the state."
Nixon said she and Schwartz, who worked in social services at a hospital, were together from 1981 until Schwartz died in April 2012 after an extended illness. They were never married in a state that permits same-sex unions.
She said she plans to pursue the matter further if she loses before the hearing officer, who is holding a hearing on Nixon's appeal Wednesday.
A 1996 Pennsylvania state law defines marriage as between one man and one woman.
"In its administration of the tax laws, the Department of Revenue is required to follow the laws of Pennsylvania," said Elizabeth Brassell, the agency's press secretary.
Baus and Burgi-Rios lived together for 15 years before they were married in Connecticut. Burgi-Rios died in September 2012 from complications related to leukemia.
The petition by Baus, a Bethlehem resident, challenges the state's same-sex ban on constitutional grounds. The tax bill is about $11,000.
"This is someone who lost a spouse, and I think a lot of people can relate," said Baus' lawyer, Tiffany Palmer. She said Pennsylvania is essentially nullifying the marriage and taxing Baus as though she didn't even know her spouse or have a financial relationship with her.
The lawsuit challenges the ban based on a clause in the state constitution requiring tax laws to apply equally, on the state's Equal Rights Amendment and on equal protection and due process grounds.
Pennsylvania's inheritance tax rate is zero for surviving spouses or for transfers to parents from children who are 21 or younger. It is 4.5 percent on transfers to direct descendants or lineal heirs, 12 percent on transfers to siblings and 15 percent for all others.
The tax-related actions are among a group of federal and state cases challenging the same-sex marriage ban. The challenges come in the aftermath of this summer's U.S. Supreme Court decision that involved Edith Windsor, an 84-year-old widow who challenged a $363,000 tax bill on her late wife's estate.
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November 3, 2013