Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2023-12-13
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor
Sponsor

  WINDY CITY TIMES

Supreme Court lets stand marriage in 5 states
by Lisa Keen, Keen News Service
2014-10-06

This article shared 4048 times since Mon Oct 6, 2014
facebook twitter google +1 reddit email


In a surprise development, the U.S. Supreme Court today announced it would not accept for review any of the seven appeals on same-sex marriage bans from five states. The action means that the stays placed on lower court decisions in all five states —decisions that struck down bans on marriage for same-sex couples— are immediately lifted, making way for lower courts to issue orders requiring the states to stop enforcing their bans and begin issuing marriage licenses.

The action also means that six other states in the same federal circuits as the five states which had appeals before the high court will have to abide by the federal appeals court rulings in those circuits or take the unusual tact of asking their circuits for full bench review of their cases. A three-judge panel in all three circuits —the Fourth, Seventh, and Tenth—struck down the bans on marriage for same-sex couples.

That means that very soon, same-sex couples will likely be able to marry in 30 states plus the District of Columbia, tipping the balance in favor of marriage equality, from the previous 19 states and D.C.

The Salt Lake Tribune reported that the Tenth Circuit issued an order just minutes after the Supreme Court's announcement was made public, lifting the stay in that state and alerting clerks in Utah that they should immediately abide by its ruling that the ban is unconstitutional. Colorado Attorney General John Suthers implied the Supreme Court announcement denying review of the cases was tantamount to a ruling.

"We have consistently maintained that we will abide by the Supreme Court's determination on the constitutionality of marriage laws," said Suthers in a press release. "By choosing not to take up the matter, the court has left the 10th Circuit ruling in place." He said Colorado clerks "must begin issuing marriage licenses to all same-sex couples" soon after the Tenth Circuit issued its order.

In Wisconsin, Republican Governor Scott Walker told reporters on his re-election campaign trail that the issue is "resolved" and there would be no further attempts to defend the state ban; Dane County announced it would issue licenses to same-sex couples immediately.

The Indiana attorney general posted a statement indicating the state would begin issuing license "soon."

The Fourth Circuit issued its order mandating that states stop enforcing the bans at 1 p.m. EDT Monday. Virginia Attorney General Mark Herring, who has opposed that state's ban, issued a press release saying that same-sex couples could begin obtaining marriage licenses as soon as that order is issued.

"Local clerks are receiving guidance and forms necessary to begin performing marriages today," said Herring's office, "and the Attorney General's Office is working with the Governor's Office and state agencies to implement any needed changes in light of this action."

"A new day has dawned, and the rights guaranteed by our Constitution are shining through," said Herring in a press release Monday morning shortly after the Supreme Court issued its "Orders List" indicating that the seven appeals —including three from Virginia—were being denied.

"This is a tremendous moment in Virginia history," said Herring. "We will continue to fight discrimination wherever we find it, but today, we celebrate a moment when we move closer to fulfilling the promise of equality ignited centuries ago in Virginia, and so central to the American experience."

Shannon Minter, legal director for the National Center for Lesbian Rights, which has been involved in the Tenth Circuit case out of Utah, said NCLR is "thrilled."

"This is a huge step forward for Utah and the entire country," said Minter. "We are hopeful that the other cases pending across the country will also vindicate the freedom to marry, so that all couples, no matter where they travel or live, will be treated as equal citizens and have the same basic security and protections for their families that other Americans enjoy."

The Supreme Court's announcement does not legally affect the remaining 20 states, but it could give courts in those other states and circuits some pause before upholding similar bans in those states and circuits. Some experts say they expect the Supreme Court will almost certainly take up an appeal should a federal appeals court rule such bans to be constitutional.

Prominent constitutional law scholar Laurence Tribe of Harvard University, who argued against bans on sodomy in the 1986 Bowers v. Hardwick case, said "As soon as a solid split emerges, I fully expect the Court to grant [review]," said Tribe. "I'd watch the Sixth Circuit if I were you."

A three-judge panel of the Sixth Circuit heard oral arguments August 6 in six marriage equality lawsuits from four states: Kentucky, Michigan, Ohio, and Tennessee. The panel has yet to issue its opinion, but questions from two of the three judges during the argument gave repeated voice to various justifications for the bans.

Jon Davidson, national legal director for Lambda Legal, which is involved in a number of marriage equality cases, agrees that the Supreme Court will likely take a circuit decision from the Sixth or Fifth circuits if they conflict with the decisions rendered by the Fourth, Seventh, and Tenth Circuits. But he said he doesn't think the high court would consider an appeal from a future circuit, such as the Ninth, which might agree with the previous circuits.

Davidson said there is a way that the six states in the Fourth, Seventh, and Tenth circuits —who were not part of Monday's batch of seven cases— could try to avoid or delay allowing same-sex couples to marry in those states. He said a state, such as South Carolina, could try and appeal an existing case to the full circuit bench in hopes of getting a different decision than that issued by the circuit's three-judge panel. That seems like a long shot but one that may have political benefits for governors or attorneys general in more conservative states.

Mary Bonauto, civil rights director for Gay & Lesbian Advocates & Defenders, said she thinks the Supreme Court's announcement today sends "a powerful signal to the many other courts considering the issue that there is no reason to delay and perpetuate the harms to same-sex couples around the nation." Bonauto won the landmark case in Massachusetts that led to the first state allowing same-sex couples to marry in 2004; she also led the successful effort to overturn a key provision of the Defense of Marriage Act last year.

Prior to Monday's announcement, marriage equality was legal in 19 states plus D.C. Under this latest action, marriage equality will now be the law in Colorado, Indiana, Oklahoma, Utah, Virginia, and Wisconsin. Assuming no state attempts to get a different decision from their circuit, marriage equality will likely go into effect soon in Kansas, North Carolina, South Carolina, West Virginia, and Wyoming. If all 11 are added, the tally will be 30 states plus D.C. with marriage equality.

"We obviously need to get to a national resolution, so the magic number is 50 states plus," said GLAD's Bonauto, "not 30."

Openly gay U.S. Senator Tammy Baldwin (D-Wisc.) called the Supreme Court announcement Monday a "huge victory."

"Love is love, family is family, and discriminating against anyone's love, against anyone's family, is not only wrong, it's unconstitutional," said Baldwin, in a press release. This is a huge step forward for our entire country being a place where every family's love and commitment can be recognized and respected under the law."

Monday's announcement came by way of a routine, but highly anticipated "Orders List" on the first official day of the Supreme Court's 2014-15 session. As is typical, the document does not include any explanation for the petitions for appeal were not granted. In order to take a case, four justices must agree before the high court grants a petition for appeal. The fact that the justices did not take any of the seven cases means that at least six of the nine justices refused to hear the appeals that sought to determine whether the marriage bans were constitutional. The fact that six justices refused the appeals in these seven cases bodes well for marriage equality should the court later decide to hear an appeal from marriage equality supporters, should another circuit uphold the constitutionality of marriage bans.

© 2014 Keen News Service. All rights reserved.


This article shared 4048 times since Mon Oct 6, 2014
facebook twitter google +1 reddit email

Out and Aging
Presented By

  ARTICLES YOU MIGHT LIKE

Gay News

Greek legislature approves marriage equality 2024-02-15
- Greece has become the 36th country, and the first Christian Orthodox-majority one, to legalize same-sex marriage. The BBC reported that same-sex couples will now also be legally allowed to adopt children after the 176-76 vote that ...


Gay News

Tenn. legislators back bill that lets officials refuse to perform same-sex weddings 2024-02-15
- Defying a national ruling that authorized marriage equality, Tennessee lawmakers approved a measure that would allow public officials to refuse to perform weddings of same-sex couples, The Hill reported. Tennessee's House Bill 878/Senate Bill 596 says ...


Gay News

WORLD Marriage in Greece, UK politics, cruise death, HRC grants 2024-02-02
- The Holy Synod of the Church of Greece unanimously agreed at a recent meeting that it is "strongly opposed" to the Greek government's promised bill on same-sex marriage and adoption, Balkan Insight reported. The conservative New ...


Gay News

NATIONAL Marriage news, fighting fentanyl, anti-LGBTQ+ crimes, Grindr 2024-02-02
- The Virginia House of Delegates passed a bill that would affirm marriage equality in the state, The Washington Blade noted. House Bill 174, introduced by state Del. Rozia Henson (D-Prince William County), passed in the Democratic-controlled ...


Gay News

WORLD Activist honored, marriages in Estonia, Madrid law, trans sports item 2024-01-05
Video below - The National AIDS Commission (NAC) recently honored Caleb Orozco—a leading figure in the fight for LGBTQ+ rights in Belize—for his instrumental contributions to the national HIV response, BNN reported. According ...


Gay News

Catholic Church allows priests to bless same-sex couples but reaffirms disapproval of gay marriage 2023-12-22
- LGBTQ+ couples can now receive blessings from priests, but the Catholic Church maintained its strict ban on gay marriage, according to a Vatican document approved by Pope Francis Dec. 18. This historic change in doctrine marks ...


Gay News

Greek government vows to back marriage equality 2023-12-22
- Despite opposition from the Church of Greece and within the ruling New Democracy, Greek Prime Minister Kyriakos Mitsotakis' government said it will eventually move to legalize same-sex marriage, The National Herald reported. However, no timetable was ...


Gay News

Dignity/Chicago welcomes new rule on church blessings for same-sex marriages 2023-12-18
--From a press release - Dignity/Chicago, the advocacy organization for LGBTQI Catholics and friends, welcomed the news that the Vatican's doctrinal office has officially declared it possible for Catholic priests to bless same-sex unions and ...


Gay News

New Ways Ministry: Pope's blessings approval is Christmas gift to LGBTQ+ Catholics 2023-12-18
--From a press release - MOUNT RAINIER, Maryland—Statement by Francis DeBernardo, Executive Director, New Ways Ministry: Pope Francis gave LGBTQ+ Catholics an early Christmas gift this year by approving blessings for same-gender couples. The Vatican ...


Gay News

Pope Francis changes policy, allowing priests to bless same-sex unions; GLAAD responds 2023-12-18
--From a press release - GLAAD: "By removing barriers to priests blessing LGBTQ couples, the Pope accurately recognizes that LGBTQ people and our relationships are worthy of the same affirmation and support in the Church, and this strengthens couples in their ...


Gay News

LGBTQ+ couple the first in South Asia to have marriage recognized 2023-11-30
- Transgender woman Maya Gurung and Surendra Pandey became the first LGBTQ+ couple to have their marriage legally recognized in South Asia after they received a legal certificate in Nepal's Lamjung district on Nov. 29, The Guardian ...


Gay News

WORLD Thai marriage law, French bill, Miss Universe, IKEA, activist dies 2023-11-24
- Thailand Prime Minister Srettha Thavisin said that the cabinet approved a draft law on marriage equality and that it would be brought to parliament during a session starting in December, Reuters reported. If the draft law ...


Gay News

Pope: Trans people can be baptized and act as godparents 2023-11-09
- Pope Francis has stated that trans people may be baptized and act as godparents or witnesses to marriage under the same conditions as any other adult—as long as a scandal does not result, according to PinkNews. ...


Gay News

Jamaica court upholds sodomy law; activist ends fight in that country 2023-11-01
- On Oct. 27, the Jamaica Supreme Court upheld the country's anti-sodomy law, claiming that only Parliament could repeal the statute—and the ruling has resulted in a longtime advocate/attorney ending his fight for LGBTQ+ rights in the ...


Gay News

Several dozen people arrested over 'gay wedding' in Nigeria 2023-10-25
- Nigerian security personnel arrested more than 70 young people after accusing them of organizing a same-sex wedding, The South China Morning Post reported. Same-sex marriage is illegal in Nigeria under a 2014 law. Gombe, where the ...


 


Copyright © 2024 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.

All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transgender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 
 

TRENDINGBREAKINGPHOTOS







Sponsor


 



Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam     
Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.