marriage equality

  • June 5, 2014

    by Paul Guequierre

    The U.S. Supreme Court on Wednesday refused to block marriages of same-sex couples in Oregon. In a one-sentence order, the Court rejected the anti-LGBT National Organization for Marriage’s request to stay the May 19 federal court ruling allowing gays and lesbians to marry in Oregon. Justice Anthony Kennedy, who rules on emergency cases in the western region of Oregon, referred the issue to the full court, which then declined to get involved without giving a reason. Proponents of marriage equality in Oregon are now likely to drop a proposed ballot measure they had planned to take to voters in November.

    The high court’s action is another blow to opponents of marriage equality. Since last summer when the Court ruled in Hollingsworth v. Perry that anti-equality forces in California did not have standing to appeal a ruling striking down Prop. 8 and, on the same day, struck down Section 3 of the discriminatory Defense of Marriage Act in United States v. Windsor which prevented the federal government from recognizing legal marriages of same-sex couples, a string of trial court judges have struck down state bans on marriage equality. (At the 2014 ACS National Convention, lawyers for Edith Windsor will discuss their involvement in the landmark Windsor case, see convention schedule here.)

    According to the Human Rights Campaign, 19 states and the District of Columbia now issue marriage licenses to same-sex couples. Another two states provide the equivalent of state-level spousal rights to same-sex couples within the state, such as domestic partnerships or civil unions, and one state, Wisconsin, provides some statewide spousal rights to same-sex couples within the state.  Meanwhile, marriage bans have been struck down in Oklahoma, Virginia, Kentucky, Idaho, Michigan, Utah and Arkansas, but those decisions have been stayed pending appeal.   

    Some LGBT rights activists have said they expect marriage equality to be the law in every state within the next five years.  While that may be decided in the Supreme Court’s next term, there is little room for doubt that equality is marching forward.    

  • February 14, 2014

    by James Colligan

    Before the movement for marriage equality began to gather steam Virginia, like a slew of other states, banned same sex-marriage either with laws or constitutional amendments or in the case of North Carolina, both.

    For instance in 2006 through a referendum Virginians voted to amend their Constitution to outlaw same-sex marriage. Actually that amendment was rather sweeping, not only defining marriage as exclusively a union between a man and woman, but also prohibiting civil unions and all other contracts to “which is assigned the rights, benefits, obligations, qualities, or effects of marriage.”

    But some of those states’ constitutional amendments and laws, following the U.S. Supreme Court’s 2013 opinion in U.S. v. Windsor, are looking increasingly vulnerable.

    The Virginia ban was challenged last year on the grounds of violating the Due Process and Equal Protection Clauses of the 14th Amendment by two couples. Tim Bostic and Tony London have been together for 24 years. Carol Schall and Mary Townley have been together for 30 years. Even though Schall and Townley were legally wed in California, Virginia’s constitutional ban meant it would not recognize those same-sex marriages. The couples’ challenge to the constitutional amendment was considered in the District Court for the Eastern District of Virginia earlier this month.  

    Judge Arenda Wright Allen on Thursday found Virginia’s ban to subvert the U.S. Constitution’s Due Process and Equal Protection Clauses. In her ruling, Wright Allen wrote, “Gay and lesbian individuals share the same capacity as heterosexual individuals to form, preserve and celebrate loving, intimate and lasting relationships. Such relationships are created through the exercise of sacred, personal choices – choices, like the choices made by every other citizen, that must be free from unwarranted government interference.”

  • January 22, 2014
    Guest Post
    by Joshua Block, LGBT Project, American Civil Liberties Union
     
    This post originally appeared on the ACLU's Blog of Rights.
     
    Yesterday, the ACLU filed a lawsuit against Utah to force the state to continue recognizing the marriages of more than 1,000 same-sex couples who were legally married in the weeks after a federal court struck down Utah’s bans on allowing same-sex couples to marry. From the moment the federal court in Kitchen v. Herbert issued its decision on December 20, 2013, to the moment the Supreme Court issued a stay of the ruling on January 6, 2014 while the case is appealed, there was an outpouring of same-sex couples across the state who were finally able to express their love and commitment to each other through marriage and to protect their families through the protections and responsibilities that flow from being legally married.
     
    After the Supreme Court stayed enforcement of the district court’s decision Utah’s governor has issued a directive ordering all state agencies to put the recognition of those marriages “on hold.” By terminating recognition of their marriages, the Governor’s directive effectively divorced over 1,000 couples in the eyes of the state, throwing their lives into disarray.
     
    “We’re back at square one, with no idea what’s going to happen to us if one of us is hospitalized,” says Stacia. Her wife JoNell was treated much better when accompanying her during an emergency room visit after they were married than she was the time medical staff ignored and excluded JoNell during a previous hospitalization three years ago.  “After 13 years together, we just want the security and peace of mind to know we can be there for each other in the hard times.”
     
  • July 1, 2013
    Guest Post

    by Senator Terri Bonoff, (DFL – Minnetonka), Minnesota State Senate. Sen. Bonoff is chairperson of the Higher Education and Workforce Development Committee.

    I was a proud co-author of the Minnesota Marriage Equality Law that recently passed in our legislative session that ended May 21. As many know, the law will take effect on August 1, 2013. August 1, is my birthday. On my 50th birthday the University Avenue bridge fell, making my birthday bittersweet in the years following. While I am a “holiday” gal, love to celebrate, sharing the day with those who lost so much has made the day also marked by sorrow.

    I am pleased to mark my forthcoming birthday, with something to celebrate - marriage equality. As a Democrat from a western suburban district that leans Republican, I am truly a swing voter in every way. I not only represent swing voters I am fiercely independent myself - my votes on fiscal matters often line up with my colleagues on the other side. Yet on matters of social justice, I am clear where I stand. It is because of this that I believe I was asked to be a co-author. I told my community during the campaign that I would not vote to raise their income taxes, but I would vote to support marriage equality. I did not say, “Don’t vote for the constitutional amendment because it is not necessary - our laws dictate that only one man and one woman can marry.” Instead I said, “I am for marriage equality, and you?” There was no confusion in my community about where I stood -- I put it in newspaper surveys, on my website and spoke of it in debates.

  • June 26, 2013
    Guest Post

    by Suzanne Goldberg, Professor of Law at Columbia Law School. Professor Goldberg was counsel of record on an  amicus brief in support of the respondents in Hollingsworth v. Perry and was among the counsel on an amicus brief in support of the respondents in United States v. Windsor. This piece is a cross-post from SCOTUSblog.

    The Court’s decisions in Windsor and Perry – the first major gay rights rulings in a decade – are a one-two punch to the nation’s most prominent antigay laws.  Today, the Court has brought an end to the damage wrought by the federal Defense of Marriage Act on countless same-sex couples throughout the United States and left in place Proposition 8’s invalidation by the federal district court.

    Neither decision is surprising but both are gratifying.  And both reinforce the dramatic shift in the Court’s approach to gay rights – and to gay people.  Just over a generation ago, in the Court’s 1986 Bowers v. Hardwick ruling, the Court held that it was “at best facetious” that a gay person would have a constitutional right to sexual intimacy in his apartment.  Today, Justice Kennedy, in his Windsor opinion, writes that DOMA’s burden “demeans” same-sex couples and “humiliates tens of thousands of children now being raised by same-sex couples.”

    Put simply, it was almost unimaginable, when the gay rights movement took hold in the 1970s, or even as legal victories started to mount in the 1980s and 1990s, that the nation’s highest Court would find that a federal law unconstitutionally interfered with the “equal dignity of same-sex marriages.”

    Yet reaching this conclusion was not a constitutional stretch.  Relying on a forty-year old opinion striking down Congress’s discrimination against hippies (Department of Agriculture v. Moreno), the Court had little difficulty finding illegitimate stigma in DOMA’s “unusual deviation from the usual tradition” of the federal government accepting state definitions of marriage, as it struck down DOMA’s section 3, which prohibited the federal government from recognizing same-sex couples’ marriages.

    Ironically, the very first time the Court recognized that this equality guarantee protected gay people came in 1996 (Romer v. Evans, which struck down Colorado’s antigay amendment) – the same year of DOMA’s passage.  In essence, then, even when DOMA first arrived, the Court’s equality jurisprudence contained the seeds of its demise.