Marriage equality update

Nevada officials won't defend gay marriage ban 

Sandra Chereb, Associated Press

Carson City, Nev. (AP) — In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.

Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."

"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Attorney General Catherine Cortez Masto, a Democrat,said in a statement. Gov. Brian Sandoval, a Republican seeking re-election this year, said he agreed with the attorney general's action.

Wisconsin

Dem. AG candidate starts gay marriage petition 

Milwaukee (AP) — One Democratic candidate for Wisconsin attorney general is starting a petition calling on the Department of Justice to stop defending the state's constitutional ban on same-sex marriage.

Democratic Rep. Jon Richards, of Milwaukee, says he's for marriage equality and believes Wisconsin's ban violates the U.S. Constitution's equal protection clause. He says he won't defend it if elected attorney general.

He also has posted a petition on his campaign website, asking supporters to join him in asking the state Justice Department not to defend the ban. Another Democratic candidate, Dane County District Attorney Ismael Ozanne, says he also would not defend the gay marriage ban.

Indiana

Panel OKs gay marriage ban, sending it to Senate 
Tom LoBianco, Associated Press

Indianapolis (AP) — An Indiana Senate committee voted 8-4 Monday evening, along party lines, in favor of a proposed constitutional ban on gay marriage, setting up a Senate battle on the issue later this week.

The Rules Committee waded through three hours of often emotional testimony on House Joint Resolution 3, before advancing the measure. Monday's vote now sets up a debate over whether the so-called "second sentence" of HJR 3, banning civil unions, will be reinserted by Senate lawmakers.

The House narrowly stripped the "second sentence" ban on civil unions on a bipartisan vote last month, amid concerns that it went too far, even for supporters of the gay marriage ban. But HJR 3 supporters have urgently called for the sentence to be restored.

Indiana’s constitutional amendment process requires identical language to be approved in two consecutive biennial meetings, then go before voters in order to amend the constitution.

Restoring the “second sentence” sets up a November vote on the issue; retaining the language approved in the House, and by the Senate committee would mean the soonest the proposal reach the ballot is 2016.

Ohio

Chipping away at the state’s gay marriage ban

Amanda Lee Myers, Associated Press

Cincinnati (AP) — Four legally married gay couples filed a federal civil rights lawsuit Monday seeking a court order to force Ohio to recognize same-sex marriages on birth certificates despite a statewide ban, echoing arguments in a similar successful lawsuit concerning death certificates.

The couples filed the suit in federal court in Cincinnati, arguing that the state's practice of listing only one partner in a gay marriage as a parent on birth certificates violates the U.S. Constitution.

"We want to be afforded the same benefits and rights as every other citizen of the United States," said one of the plaintiffs, Joe Vitale, 45, who lives in Manhattan with his husband and their adopted 10-month-old son, who was born in Ohio. The pair married in 2011 shortly after New York legalized gay marriage.

Texas

Gay marriage battle could linger for next Texas AG 
Paul J. Weber, Associated Press

Austin, Texas (AP) — When two same-sex Texas couples challenge the state's gay marriage ban in a San Antonio federal court this week, they'll carry the momentum of recent legal victories in conservative Utah and Oklahoma.

Whatever the outcome, the three Republicans running to become the next Texas attorney general will take notice.

Gay rights groups winning same-sex marriage cases nationwide almost guarantee that the issue will confront whoever replaces Attorney General Greg Abbott. His would-be GOP successors on Sunday blasted attempts to strike down the Texas law and vowed to defend a state ban going forward.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly - February 11, 2014 @ 10:10am