marriage equality

  • November 21, 2014

    by Caroline Cox

    At Hamilton and Griffin on Rights, Thomas B. McAffee explains how religious freedom arguments about marriage equality miss the mark.

    Katie McDonough of Salon discusses how, in light of the growing number of states introducing abortion restrictions, women have begun sharing their abortion stories.

    Peter Beinart looks at President Barack Obama’s immigration announcement in The Atlantic, asserting that the executive order helps fulfill his promise to progressives.

    In the Huffington Post, Fred Wertheimer argues that Citizens United will go down in history as one of the worst Supreme Court decisions. 

  • October 14, 2014

    by Caroline Cox

    ACS President Caroline Fredrickson appeared on the Melissa Harris-Perry Show this weekend to discuss the future of the Fair Housing Act, marriage equality and the Supreme Court.

    Nicolas Kristof of The New York Times looks at how the justice system is evidence that the United States is still a profoundly unequal society.  

    Brad Friedman of Salon lauds Judge Richard Posner of the U.S. Court for the Seventh Circuit for his opinion on the Wisconsin voter ID law. 

    In The Washington Post, Robert Barnes discusses how the Supreme Court often keeps secret its reasoning behind monumental decisions.

    Richard Wolf of USA Today writes about the lack of vocal response from conservatives on the same-sex marriage decisions. 

  • October 6, 2014

    by Sarah Warbelow, Legal Director for Human Rights Campaign

    *This post originally appeared on the HRC Blog

    Today, the Supreme Court made history--bringing final marriage victories to five states and paving the way for six more. Unfortunately, the Supreme Court’s announcement also means we are still waiting for a decision that will grant national marriage equality. In the meantime, here are a few FAQs about what today's news may mean for you and your family. 

    What cases did the Supreme Court decline to hear?

    The Supreme Court declined to hear five cases appealed from three circuits challenging state level marriage bans including Bostic v. Schaefer from the Fourth Circuit in Virginia, Wolf v. Walker in the Seventh Circuit from Wisconsin, and two cases from the Tenth circuit -- Bishop v. Smith in Oklahoma and Kitchen v. Herbert in Utah.

     Which circuits will be impacted by today’s Supreme Court denial to hear marriage equality cases in the 2014-2015 term?

    The Supreme Court declined to hear every marriage equality case pending before it.  These cases were appealed from the Fourth, Seventh and Tenth Circuits. 

  • September 17, 2014

    by Paul Guequierre

    It has been apparent for quite some time that the U.S. Supreme Court will decide on marriage equality in the not-so-distant future. Since last year’s historic decisions striking down Section 3 of the Defense of Marriage Act (DOMA) and putting an end to California’s Prop. 8, court after court has struck down state marriage bans across the country.

    Last month Justice Ruth Bader Ginsburg said the court will not "[duck] the issue" if a marriage equality case comes properly before the court and predicted that would happen by June 2016 at the latest. Last night, Justice Ginsburg was talking marriage equality again. Speaking to an audience in Minnesota, the Associated Press reports Ginsburg said cases pending before the circuit covering Kentucky, Michigan, Ohio and Tennessee would probably play a role in the high court's timing. She said "there will be some urgency" if that appeals court allows same-sex marriage bans to stand. Such a decision would run contrary to a legal trend favoring gay marriage and force the Supreme Court to step in sooner, she predicted.

    Now the question is which case or cases will make it to the high court. The Associated Press reports Ginsburg didn't get into the merits of any particular case or any state's gay marriage ban, but she marveled at the "remarkable" shift in public perception of same-sex marriage that she attributes to gays and lesbians being more open about their relationships. Same-sex couples can legally wed in 19 states and the District of Columbia. Bans that have been overturned in some other states continue to make their way through the courts.

  • July 17, 2014

    by Paul Guequierre

    In another victory for equality, Florida’s ban on same-sex marriage was invalidated this afternoon. Monroe County Circuit Judge Luis Garcia overturned Florida’s 2008 constitutional amendment banning same-sex marriage and ordered that two Key West residents be allowed to wed, but not before Tuesday.

    According to the Miami Herald, Aaron Huntsman and William Lee Jones, who met at a gay pride celebration and have been a couple for 11 years, sued Monroe County Clerk Amy Heavilin in April for a marriage license. There is a similar suit pending in Miami-Dade County, in which six same-sex couples and LGBT advocacy group Equality Florida Institute sued County Clerk Harvey Ruvin for the right to marry.

    In both cases, Florida Assistant Attorney General Adam Tanenbaum argued that Garcia and Miami-Dade Circuit Judge Sarah Zabel should not dismiss Florida’s constitutional gay marriage ban, which passed in 2008 with the support of 62 percent of voters.

    LGBT rights advocates continue to ride a wave of success since last year’s landmark Supreme Court decisions striking down Section 3 of the Defense of Marriage Act (DOMA) and putting an end to California’s Prop. 8. Just last week a judge struck down Kentucky’s marriage ban. Earlier this month, Justice Samuel Alito, Jr. rejected a county official's bid to suspend a ruling that overturned Pennsylvania's same-sex marriage ban. In Colorado, a District Court judge declared the state’s ban on same-sex marriages unconstitutional and the Utah attorney general announced he would appeal a court decision in favor of marriage equality in the state to the U.S. Supreme Court. In Wisconsin, Attorney General J.B. Van Hollen appealed a federal judge's ruling from June striking down the state's ban on same-sex marriages. The case now heads to the U.S. Court of Appeals for the Seventh Circuit.

    According to the Human Rights Campaign, there are over 70 court cases challenging discriminatory marriage bans across the country in 30 of the 31 states where such a ban exists, plus Puerto Rico. Cases from twelve states are currently pending before six federal appeals courts. The Sixth Circuit holds the distinction of being the only federal appeals court to date that will consider marriage cases from all states within its jurisdiction.  In total, 33 states either have marriage equality or have seen state marriage bans struck down as unconstitutional in court.  Since the Supreme Court’s historic marriage rulings last year, there have been 16 consecutive federal court decisions that bans on marriage equality are unconstitutional.  These rulings have come from judges appointed by both Democrat and Republican presidents.