lawsuit

...now browsing by tag

 
 

Lambda Legal Files for Quick Overturn of Puerto Rico Marriage Equality Ban

Tuesday, September 16th, 2014

Puerto RicoLambda Legal is asking a District Court to overturn the territory’s ban on same sex marriage.

Joe.My.God reports:

Today in the United States District Court for the District of Puerto Rico, Lambda Legal filed a motion for summary judgment seeking to end the discriminatory ban on marriage for same-sex couples. Lambda Legal joined the lawsuit, Conde v. Garcia Padilla, in June on behalf of five gay and lesbian couples and Puerto Rico Para Tod@s, an organization that represents lesbian, gay, bisexual, transsexual and transgender (LGBT) people and their families. Lambda Legal Staff Attorney Omar Gonzalez-Pagan, said: “All families deserve to have their love and commitment recognized in Puerto Rico; they need the protections only marriage can provide as soon as possible, without discrimination. Every day that passes, our gay, lesbian, bisexual and transgender family members are told they are inferior to our other family members. They are living, working and caring for each other now and need the dignity and respect of marriage.”

Now it’s spreading out to the territories…

Find more articles and gay wedding resources in Puerto Rico.

Wisconsin Lesbian Couple Granted Adoption Rights, Marriage Recognition

Saturday, September 13th, 2014

Wisconsin MapIn yet another ruling, a lesbian couple in Madison, Wisconsin has been granted the right to adopt each other’s biological children and have their marriage recognized by the state.

The Advocate reports:

The Madison-based couple, Teresa and Kat Riley, who were registered as domestic partners in Wisconsin, then traveled to Iowa last year, where they were legally married. Together, they have two young children, one of whom was birthed by Teresa and the other by Kat. Though legal guardians of each other’s biological child, both mothers wanted full parental rights, which could only be optioned through legal adoption. But because Wisconsin does not recognize same-sex marriage, the couple had to petition the court for this nearly unprecedented right.

It really does feel like it’s only a matter of time now, doesn’t it? And a very short amount of time, at that.

Find more articles and gay wedding resources in Wisconsin.

Indiana Agrees to Recognize Marriage Of Lesbian Couple

Saturday, September 13th, 2014

IndianaThe state of Indiana has agreed to recognize the marriage of Veronica Romero and Mayra Yvette Rivera, lesbian couple. Rivera has advanced ovarian cancer.

Gay Star News reports:

US District Judge Joseph Van Bokkelen approved an agreement this week (11 September) as the state appeals a ruling that struck down its marriage ban. Veronica Romero and Mayra Yvette Rivera, a couple for more than 27 years with two children, were legally married in Illinois earlier this year. They filed a suit in federal court this week seeking to have the union recognized in the state in which they live. There is urgency in the case because Rivera has advanced ovarian cancer and entered hospice care in late July. Indiana has not only agreed to recognize the marriage but to also issue a death certificate listing Rivera as married with Romero as the surviving spouse.

This is another case where simple human decency has prevailed.

Find more articles and gay wedding resources in Indiana.

Analysis of the Ninth Circuit Hearing for Idaho, Nevada and Hawaii

Friday, September 12th, 2014

Ninth Circuit, San Francisco - Apple MaosA soft-spoken attorney representing Idaho started his state’s anti-marriage equality argument by suggesting that allowing gays to marry violates the “bonding right” of children that they will be raised by their biological mothers and fathers. It took Judge Marsha Berzon just 15 seconds to ask her first question: “What is that word you’re using before ‘right'”? Judge Berzon can hear just fine; it’s just that she had never heard anyone make such a ridiculous claim before today. The rest of the hearing followed similarly.

Judge Stephen Reinhardt, a Carter-appointee and liberal leader of the appellate courts, was joined by Judge Berzon, a sharp-minded progressive appointed by President Clinton, and Judge Robert Gould, another Clinton appointee, in a nearly two-hour long interrogation of attorneys from Idaho and Nevada that may not have been as bombastic as Judge Posner’s treatment of attorneys from Wisconsin and Indiana in the Seventh Circuit, a hearing which resulted in a marvelous unanimous victory (“Go figure!”), but was every bit as damaging to the forces opposed to marriage equality.

It also brought marriage equality full circle. Judge Reinhardt was the judge that wrote the first decision from a federal appellate court on marriage equality, affirming District Judge Vaughn Walker’s pioneering rejection of California’s Prop 8. We all know how that case turned out.

Authored By Ari Ezra Waldman – See the Full Story at Towleroad.com

Find more articles and gay wedding resources.

Third Circuit Upholds New Jersey Ban on Conversion Therapy

Friday, September 12th, 2014

New Jersey mapAnother court has upheld New Jersey’s ban on so-called “ex-gay” conversion therapy for minors.

Towleroad.com reports:

The Third Circuit Court of Appeals has upheld New Jersey’s ban on ‘ex-gay’ conversion therapy for minors, which was being challenged by the National Association for Research and Therapy of Homosexuality (NARTH) and other ‘ex-gay’ activists. Last year, New Jersey Governor Chris Christie signed the bill into law banning the dangerous practice.

So far, these bans have survived all their court hearings. It’s time for some more states to block this practice.

Find more articles and gay wedding resources in New Jersey.

No Weddings in Fort Lauderdale This Week

Tuesday, September 9th, 2014

Florida From SpaceThe ruling in a marriage equality case that might have opened the door to marriage equality in Fort Lauderdale this week has been vacated on a technicality.

Joe.My.God reports:

“It has come to this Court’s attention that the Petitioner, Heather Brassner, has failed to comply with [state law] by failing to notice the Office of the Attorney General of these proceedings by either registered or certified mail,” Broward Circuit Judge Dale Cohen wrote in his order. “Therefore, this Court vacates its prior ruling declaring Article 1, section 27 and Florida Statute 741.212 unconstitutional.” Cohen canceled a hearing set for Wednesday afternoon at the Broward Courthouse in Fort Lauderdale to finalize the dissolution of Brassner’s 2002 Vermont civil union with ex-partner Megan Lade, and wrote that “the Parties may schedule a rehearing” in the case. Attorney General Pam Bondi’s office said Tuesday it had not been in touch with the judge and “will continue to monitor the case,” said spokeswoman Jennifer Meale.

Thirty days after Cohen ruled, Brassner’s attorney, Nancy Brodzki, declared victory and expected Brassner’s divorce to become final on Sept. 10. She and other LGBT activists hoped the ruling would pave the way to gay marriage in Broward. Brodzki said Tuesday she got a call from Cohen’s judicial assistant, after the judge realized the state had not been notified. “The judge being a very thorough judge, obviously was doing all his research prior to tomorrow’s ruling and came across a rule of civil procedure as well as the Florida Statute, and recognized that that rule and statute had not been strictly complied with,” said Brodzki, a Coral Springs divorce lawyer. “He is being scrupulous that he, as the judge, and we, as the petitioners, have dotted every I and crossed every T. He found one and wants to correct it, so that his judgment, when it is entered, is not attacked on procedural grounds.”

Back to square one.

Find more articles and gay wedding resources in Florida.

Marriage Equality in Fort Lauderdale This Week?

Sunday, September 7th, 2014

Broward County Clerk Howard FormanIt’s possible, as a case there has passed its deadline for appeal.

Towleroad.com reports:

A Broward County, Florida clerk is contemplating whether to start issuing marriage license to same-sex couples starting next week following the passing of an appeal deadline in a case overturning the state’s gay marriage ban, Equality Florida reports: On August 4, Broward County Judge Cohen ruled Florida’s ban on marriage for same-sex couples unconstitutional – and included the state must recognize legal out of state marriages. The judge stayed the ruling allowing for a 30-day appeal period. But as of Thursday, the deadline has passed and no appeal was made to the ruling.

What will Broward County Clerk Howard Forman do? Let’s hope he comes down on the side of equality. He is due to decide early this week.

Find more articles and gay wedding resources in Broward County.

Which Marriage Equality Case Will the US Supreme Court Choose?

Friday, August 29th, 2014

US Supreme Court bw

It’s getting so you can’t tell the potential Supreme Court cases on same-sex marriage without a scorecard.

When the justices sit down for their first fall conference Sept. 29, they will consider the initial requests from states to review decisions striking down gay-marriage bans. Unless they quickly agree to hear one or more cases, those petitions won’t be the last.

Lawyers on both sides predict the justices will act soon to decide the issue by next June. That makes it likely they will choose from among the three cases pending. Some of the nation’s premier Supreme Court advocates, sensing history in the making, have signed on to represent gay couples or state officials.

“The issue is moving so fast,” says John Bursch, a former Michigan solicitor general defending Utah’s gay-marriage ban. “People want an answer soon, and I think the court is going to want to give it to them.”

Authored By Richard Wolf – See the Full Story at USA Today

Find more articles and gay wedding resources.

North Carolina Marriage Equality Stayed Until Virginia Decision

Friday, August 29th, 2014

North Carolina MapA federal judge just put the brakes on North Carolina marriage equality until the US Supreme Court either takes up or passes on the Virginia case.

Joe.My.God reports:

Yesterday a federal court stayed any further action on North Carolina’s same-sex marriage battle until SCOTUS rules on Virginia’s Bostic case. According to the order, should SCOTUS decline to hear Virginia’s case, the stay will be lifted. Also yesterday AFER followed Virginia AG Mark Herring and the Alliance Defending Freedom in asking SCOTUS to hear Bostic.

If the Supremes take up the case, this means no marriage equality North Carolina until next year. If it doesn’t, the stay will be lifted shortly thereafter.

Find more articles and gay wedding resources in North Carolina.

Florida Marriage Equality Case Bounced Up to State Supreme Court

Wednesday, August 27th, 2014

Florida From SpaceA state appeals court is asking the Florida Supreme Court to rule on a Florida marriage equality case.

SDGLN reports:

Florida’s highest court is being asked to decide whether or not the state’s ban on gay marriage is constitutional. In an unusual decision, the state’s 2nd District Court of Appeal on Wednesday asked the Florida Supreme Court to settle the question due to “great public importance.” If the high court takes up the case, it could result in having the issue settled even before the U.S. Supreme Court acts. The ruling is connected to a Hillsborough County divorce case involving a same-sex couple who had been married in Massachusetts but since relocated to the Tampa area.

Will the court take the case, or bounce it back down?

Find more articles and gay wedding resources in Florida.