appeals court

...now browsing by tag

 
 

MA, USA: DOMA Case Reaches Federal Appeals Court This Week

Monday, April 2nd, 2012

Massachusetts DOMA CaseA legal battle over a law that denies federal benefits to married gay couples is headed to a federal appeals court in Massachusetts, the first state in the nation to legalize gay marriage.

The federal Defense of Marriage Act, enacted by Congress in 1996, defines marriage as a union between a man and a woman and prevents the federal government from recognizing same-sex marriages.

A federal judge in Massachusetts declared a key section of the law unconstitutional in 2010 after Attorney General Martha Coakley and the legal group Gay & Lesbian Advocates & Defenders sued. Judge Joseph Tauro found that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples an array of federal benefits given to heterosexual married.

Full Story from Edge Boston

Click here for gay wedding resources in Massachusetts.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook. We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

MN: Appeals Court Breathes Life Back Into Marriage Equality Lawsuit

Monday, January 23rd, 2012

Minnesota Marriage Equality Lawsuit RulingA Minnesota appeals court today ruled that District Judge Mary Dufresne wrongfully dismissed a 2010 lawsuit brought by three gay couples when she rejected the couples’ claims on the basis of Baker vs. Nelson, a 1971 Minnesota Supreme Court decision that said limiting marriage to opposite-sex couples does not violate the U.S. Constitution.

The Star-Tribune reports:
In the 15-page unpublished ruling, the Appeals Court ruled that Dufresne was right when she threw out the suit because the state was not an eligible defendant and because it did not violate the couples’ religious freedom, but that she improperly relied on the Baker case. The couples should be granted an opportunity in district court to prove their rights were violated, Judge Renee L. Worke wrote.

“…Even if the right to marry is not considered a fundamental right, appellants should have been granted an opportunity to show that MN DOMA is not a reasonable means to its stated objective — to promote opposite-sex marriages to encourage procreation,” Worke wrote.

Full Story from Towleroad

Click here for gay wedding resources in Minnesota.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook. We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

MN: Appeals Court Ruling Expected on Marriage Equality Lawsuit

Monday, January 23rd, 2012

Minnesota Marriage Equality Lawsuit RulingAn appeals court is expected to make a ruling over a group’s lawsuit claiming gay marriage should be legal in Minnesota.

Back in March, a judge denied the group Marry Me Minnesota’s request to legalize gay marriage.

She said it did not violate the due process, equal protection, religious freedom or freedom of association rights for gay couples.

Full Story from CBS Minnesota

Click here for gay wedding resources in Minnesota.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook. We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Brazil: Appeals Court Says Lesbian Couple Can Marry

Thursday, October 27th, 2011

Brazil Marriage EqualityBrazil’s top appeals court has ruled that two women can legally be married. It’s the highest court in Brazil to uphold a gay marriage.

In June, a state court judge ruled that two men could legally change their civil union into a full marriage.

It was in May that Brazil’s Supreme Court ruled that gay civil unions could be recognized. But the top court stopped short of recognizing full marriages.

Full Story from the Huffington Post

Click here for gay wedding resources.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook. We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

CA: Appeals Court Denies Request to Lift Gay Marriage Stay

Wednesday, March 23rd, 2011

Proposition 8 StayA federal appeals court in San Francisco on Wednesday turned down a bid by two same-sex couples to allow gay marriages to resume in California while their legal case is pending.

A three-judge panel of the 9th U.S. Circuit Court of Appeals issued a brief order turning down the couples’ request that the panel lift a stay of a lower court ruling that allowed same-sex marriages.

The lower court ruling by now-retired U.S. District Judge Vaughn Walker of San Francisco, said that Proposition 8, the state’s ban on same-sex marriage, violated the U.S. Constitution.

Full Story from The Examiner/a>

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Kamala Harris Asks Appeals Court to Allow Gay Weddings Now

Tuesday, March 1st, 2011

Kamala HarrisState Attorney General Kamala Harris told a federal appeals court Tuesday that the Obama administration’s repudiation of a federal law denying marital benefits to gay and lesbian couples dims the legal prospects for Proposition 8, California’s ban on same-sex marriage.

Harris asked the Ninth U.S. Circuit Court of Appeals in San Francisco to let same-sex weddings resume in California while the court reviews Prop. 8. The case is on hold while the state Supreme Court decides whether the measure’s sponsors can appeal a federal judge’s decision declaring Prop. 8 unconstitutional.

Even if backers have legal standing, Harris said, “the likelihood that the appeal will succeed on the merits has been substantially diminished” by the Obama administration’s declaration last week that the federal Defense of Marriage Act is unconstitutional.

Full Story from SFGate

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

TX: Appeals Court Won’t Overturn Lesbian Divorce

Friday, January 7th, 2011

A Texas appeals court says the state’s attorney general can’t block a divorce granted to two women legally married elsewhere. An Austin judge had granted a divorce last February to the couple who were married in Massachusetts in 2004.

Texas Attorney General Gregg Abbott filed a motion to intervene in the case a day after the divorce was granted. He argued the judge didn’t have the jurisdiction because of Texas’ constitutional ban on same-sex marriage.

The judge ruled the attorney general’s motion wasn’t timely.

Full Story from the Washington Post

Click here for gay marriage resources in Texas.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

CA: What Does Appeals Court Ruling on Anti Gay Marriage Prop 8 Mean?

Tuesday, January 4th, 2011

Prop 8Today brings a new development in Perry v. Schwarzenegger, the federal constitutional challenge to California’s Proposition 8, which amended the California Constitution to strip same-sex couples of the freedom to marry. Perry is currently on appeal before the Ninth Circuit Court of Appeals, the federal appeals court that covers California.

In a ruling issued this morning, the Ninth Circuit denied Imperial County’s attempt to intervene in the case. The Ninth Circuit also asked the California Supreme Court to clarify whether, under California law, the group that placed Prop 8 on the ballot has a legal right to appeal District Court Judge Vaughn Walker’s decision that Prop 8 is unconstitutional.

To understand what today’s ruling means, it is helpful to look back on the history of the Perry case. In May 2009, two same-sex couples filed suit in the U.S. District Court for the Northern District of California. Judge Walker permitted Prop 8′s official supporters to intervene in the case as defendants, and also permitted the City and County of San Francisco to intervene as a plaintiff to represent its unique governmental interest in marriage equality. On the eve of trial, Imperial County also filed a motion asking to intervene in the case as a defendant.

Full Story from Lez Get Real

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Prop 8 Hearing: Appeals Judges Ask Feisty Questions

Monday, December 6th, 2010

Prop 8 AppealFamed attorney Ted Olson told a 9th Circuit U.S. Court of Appeals panel Monday that the reason proponents of Proposition 8 have proffered to justify their ban on same-sex marriage is “nonsense.”

That reason, said Olson, reading from a page in the argument brief filed by attorneys for the Yes on 8 coalition which promoted passage of California’s ban on same-sex marriage, was that same-sex marriage “will make children prematurely preoccupied with issues of sexuality.”

“If believed,” said Olson, “that would justify the banning of comic books, television, video games, and even conversations between children.”

Full Story from LGBTQ Nation

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

CA: Appeals Court Judge Won’t Recuse Self From Prop 8 Case

Thursday, December 2nd, 2010

Prop 8A federal appeals court judge who had been asked to disqualify himself from hearing the case involving California’s same-sex marriage ban declined to withdraw Thursday, saying he could rule impartially.

U.S. 9th Circuit Court of Appeals Judge Stephen Reinhardt was asked by supporters of Proposition 8 to recuse himself from the panel that Monday will hear an appeal of a decision that the voter initiative defining marriage as between a man and a woman violates the Constitution.

Reinhardt is married to Ramona Ripston, longtime head of the American Civil Liberties Union of Southern California. The ACLU has filed friend-of-the-court briefs in the same-sex marriage case, urging the appeals court to uphold U.S. District Judge Vaughn Walker’s Aug. 4 ruling quashing Proposition 8.

Full Story from The LA Times

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.