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VA: Judge Relents, Allows Gay Couple to Hyphenate Last Names

Monday, May 16th, 2011

A Virginia state court has allowed two gay couples to hyphenate their last names after previously rejecting both petitions as fraudulent.

Michael Dye and Brian Justice, who are legally married in Iowa, asked the Washington County Circuit Court to change their last names to Dye-Justice. They were initially turned down by Circuit Court Judge C. Randall Lowe on the basis of fraud.

“The judge originally said that because these two individuals want to share the last name, they are putting themselves forth as being married,” said Kent Willis, executive director of the Virginia chapter of the American Civil Liberties Union.

Full Story from WAMU

Click here for gay marriage resources in Virginia.

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NJ: Judge Halts Deportation of Gay Spouse

Friday, May 6th, 2011

Scott blogged earlier about the dilemma of Josh Vandiver and Henry Velandia, a bi-national couple that faced separation over Velandia’s deportation order. Some relief to report today. (AP):

A Venezuelan salsa dancer who legally married an American man in a same-sex ceremony last year has had his deportation placed on hold.

The decision comes one day after U.S. Attorney General Eric Holder set aside a Board of Immigration Appeals ruling in a similar case.

Full Story from Pam’s House Blend

Click here for gay marriage resources.

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Australia: Former Judge Joins Push for Marriage Equality

Tuesday, April 5th, 2011

Michael KirbyFORMER High Court judge Michael Kirby says he longs for the day when gay marriage is legal but he and his partner Johan van Vloten probably wouldn’t tie the knot. Mr Kirby, whose biography Michael Kirby – Paradoxes and Principles by law academic Professor AJ Brown has just been released, said he would love to live to see the day where a leader of the country declared this a matter of the rights of citizens to equality.

“As it happens…Johan and I probably wouldn’t get married,” he told ABC radio.
“After all our engagement has gone on for 42 years so it’s getting a bit late in the day. But it ought to be there for those who want it.

“Religion should butt out of this. This is a matter of the civil rights of fellow citizens and it’s really not acceptable to deprive fellow citizens on the grounds of the religious views of some.”

Full Story from Perth Now

Click here for gay marriage resources in Australia.

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NE: Judge Won’t Let Lesbian Couple Divorce

Monday, January 31st, 2011

Nebraska Lesbian DivorceFurther complicating the patchwork of marriage laws that exists in the United States, a Nebraska judge has ruled that because same-sex marriage is illegal in Nebraska, same-sex divorces aren’t allowed either.

Otoe County district judge Randall Rehmeier ruled that a lesbian couple legally married in Vermont eight years ago cannot be granted a divorce by the state of Nebraska because that state does not recognize same-sex marriage.

Full Story from The Advocate

Click here for gay marriage resources.

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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.

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NOM Wants Judge in Prop 8 Appeal to Recuse Himself

Wednesday, December 1st, 2010

Proposition 8NOM is demanding that Ninth Circuit Court Judge Stephen Reinhardt recuse himself from the three-judge panel set to hear the appeal of Prop 8′s overturn on Monday.

NOM’s objection arises from a National Review article posted yesterday which points out that Reinhardt’s wife is the executive director of the Southern California chapter of the ACLU, that she made personal contributions to the No On 8 campaign, and that she issued a statement cheering Prop 8′s overturn.

NOM writes: “Federal law and the Code of Conduct for United States Judges provide a non-exhaustive list of circumstances in which a judge must disqualify himself on the ground that his ‘impartiality might reasonably be questioned.’

Full Story from Joe.My.God

Click here for gay marriage resources.

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RI: Judge Tells NOM to Abide By Campaign Finance Laws

Thursday, October 21st, 2010

Rhode Island Gay MarriageA national anti-gay marriage group is free to run political ads in the Rhode Island governor’s race but must report how much it is spending, a judge said Thursday.

U.S. District Judge Mary Lisi made the ruling after hearing arguments from lawyers for the state and for the National Organization for Marriage, which wants to run ads ahead of the Nov. 2 election against candidates who support same-sex marriage.

The organization sued the state last month, arguing that it was not a political action committee and should therefore not have to report its expenses, comply with spending limits or bans or follow other requirements typically imposed on PACs. But the arguments Thursday barely touched that issue and Lisi said it was essentially moot.

Full Story from Boston.com

Click here for gay marriage resources in Rhode Island.

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Judge Halts Don’t Ask, Don’t Tell

Tuesday, October 12th, 2010

Reporting from Washington – A federal judge in California issued a permanent ban Tuesday on the Pentagon’s “don’t ask, don’t tell” policy on gays and lesbians in the military, ordering the Defense Department to immediately halt any efforts to remove personnel because of their sexual orientation.

The government has 60 days to appeal the ruling, which gives the administration until after the midterm election next month to make a decision. But it also presents a problem for President Obama as he tries to rally his Democratic base.

As a presidential candidate, Obama said he would work to do away with the policy. But should the Justice Department appeal the ruling, it could anger many of the president’s liberal supporters, something Obama and congressional Democrats can ill afford.

Full Story from the LA Times

Click here for gay marriage resources.

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MA: Federal Judge Finds DOMA Unconstitutional

Friday, July 9th, 2010

A federal judge has found a federal law that bans gay marriage to be unconstitutional. The ruling handed down Thursday by US District Court Judge Joseph L Tauro says the Defense of Marriage Act (DOMA) violates the Fourteenth Amendment’s equal protection guarantee.

The case, Gill v. Office of Personnel Management, is being litigated by the Boston-based gay rights group Gay & Lesbian Advocates & Defenders (GLAD), the group at the center of the gay marriage debate in New England.

GLAD is representing seven married gay couples and three surviving spouses from Massachusetts who have been denied federal benefits because of the 1996 law that defines marriage as a heterosexual union for federal agencies. President Bill Clinton signed DOMA into law.

Full Story from On Top Magazine

Click here for gay marriage resources in Massachusetts.

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DOMA Ruling’s Possible Effect on Prop 8 Repeal

Friday, July 9th, 2010

Part 3 of the Defense of Marriage Act (DOMA) was found unconstitutional yesterday, by a 79-year-old Federal District Court Judge in Boston. Joseph Tauro, the longest serving Nixon appointee on the bench, ruled in a pair of cases that gay couples who were married in Massachusetts are denied equal protection. Part 3 of DOMA denies gay couples (even if a state recognizes their marriage) any of the 1,000-plus federal marriage rights – such as Social Security benefits, immigration or joint tax returns.

Tauro noted how DOMA radically intruded in an area (marriage) that has long been the province of the states. As California awaits a federal court ruling that challenges Prop 8, Tauro’s decision paves the way for marriage equality – by proving that a court doesn’t need to rule under “strict scrutiny” to find DOMA unconstitutional. This is a departure from earlier California cases on marriage equality, and should guide the federal case to repeal Prop 8.

The two cases challenging DOMA – one by GLAD (Gay & Lesbian Advocates & Defenders) on behalf of gay couples, the other by Massachusetts Attorney General Martha Coakley – were both smart lawsuits, targeted at making incremental progress for marriage equality. Massachusetts has had gay marriage since 2004, but couples there still don’t have full equality – because DOMA prevents them from accessing any of the federal rights that come with marriage.

Full Story from Beyond Chron

Click here for gay marriage resources.

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