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The Four Worst Supreme Court Arguments on Marriage

Monday, April 6th, 2015

Matt BaumeMichigan says that they don’t want to let gay people get married because that would be demeaning to gay people.

Kentucky says that their marriage ban isn’t discriminatory, since LGBTs are free to get straight-married.

Ohio wants to maintain its marriage ban out of concern for the people who voted for it. And Tennessee is just fixated on sex.

By Matt Baume – Full Story at AFER

USA, Utah: Marriage Equality Foes Win Seven Day Extension

Wednesday, January 22nd, 2014

Utah MapUtah won a minor skirmish, getting an extra week to submit briefs in the marriage equality lawsuit.

Equality on Trial reports:

…the Tenth Circuit today granted a request filed by the state of Utah seeking a time extension in the expedited briefing schedule that had previously been provided by the appellate court. Originally, the Tenth Circuit had ordered briefing in the appeal of Judge Shelby’s decision in Kitchen to be completed by February 25, but Utah officials asked for a 10-day stay in light of the very recent appointment of a new attorney general and a search for outside counsel conducted by the state. Although the Tenth Circuit said in its original briefing order that requests for delay were “very strongly discouraged,” the circuit court today granted Utah’s request in part, allowing an extension of seven days. This means that the opening brief will now be due February 3, the response brief will be due February 25, and any reply brief will be due March 4. It is possible that the Tenth Circuit will consider oral arguments in the case during its March 17-21 sitting.

If the Tenth Circuit rules against Utah, it would set a great precedent going up to the Supreme Court, and other conservative states would be in serious danger of losing their own bans on marriage equality. One can only hope.

Find more articles and gay wedding resources in Utah.

USA, Utah: Briefs Filed in Marriage Equality Case

Saturday, October 12th, 2013

Utah MapBoth sides filed legal briefs in a lawsuit to overturn the state’s ban on marriage equality.

The Salt Lake Tribune reports:

On one side, the state argues it has the right to set as policy an “age-old and still predominant” definition of marriage as a union of a man and a woman. On the other, the three couples say the choice of a marriage partner is a “fundamental right and liberty interest” protected by the U.S. Constitution.

The hearing in the case is planned for December 4th.

Find more articles and gay wedding resources in Utah.

USA, New Mexico: Briefs Filed in Marriage Equality Case

Tuesday, September 24th, 2013

New Mexico MapSeveral briefs were just filed in New Mexico’s marriage equality case.

Towleroad.com reports on one:

Today, the American Civil Liberties Union, the ACLU of New Mexico, the National Center for Lesbian Rights (NCLR), the law firm of Sutin, Thayer & Browne APC, and other New Mexico attorneys filed a brief with the New Mexico State Supreme Court on behalf of six couples seeking the freedom to marry for all same-sex couples in New Mexico. The brief was requested by the NM Supreme Court in response to a petition filed by 33 New Mexico County Clerks asking the court to issue a state-wide, binding resolution on the legality of same-sex marriage.

Said Laura Schauer Ives, ACLU-NM legal director, via press release: “Every New Mexico court that has considered our claims has agreed that it is unconstitutional to deny marriage to loving, committed same-sex couples. We are hopeful that the New Mexico Supreme Court will agree that same-sex couples in our communities deserve full respect and recognition of their relationships, and issue a writ to resolve all claims on constitutional grounds.”

The GOP also got into the act. the Albuquerque Journal reports:

Nearly two dozen current and former Republican legislators are urging New Mexico’s highest court to declare that state law prohibits same-sex marriage. An Arizona-based group called the Alliance Defending Freedom filed a friend-of-the-court brief with the state Supreme Court in a case that could resolve whether gay marriage is legal in New Mexico. Monday is the deadline for submitting written arguments to the court.

Ah yes, the Alliance Defending Freedom (formerly the Alliance Defense Fund) – haven’t heard from them in awhile…

Also in New Mexico, Attorney General Gary King slammed the idea of putting the issue to a public vote. Joe.My.God reports:

“Here is where some critics have incorrectly interpreted the legal process. Some have said that I am trying to unilaterally disregard state law by not suing county clerks who have elected to issue same sex marriage licenses. Several District Courts have addressed the issue. Two separate judges essentially ordered two different county clerks to begin issuing marriage licenses to same sex couples. Another judge ruled that the state’s prohibitive statutes are unconstitutional, paving the way for another clerk to start issuing the licenses. I maintain that the best way to resolve this issue is for the NM Supreme Court to decide whether our current law is unconstitutional. Finally, some people, including the governor, say that the issue of whether same sex couples should be afforded the same rights as everyone else in our state must be decided by the voters. I urge the reader to consider the following: The Emancipation Proclamation of 1863; The 19th Amendment (Women’s Suffrage) in 1920; the Civil Rights Act of 1964;—none of which were voted upon by the general electorate.”

Go, Gary, go!

The state Supreme Court will hear the case on October 23rd.

Find more articles and gay wedding resources in New Mexico.

USA, New Jersey: NJ United for Marriage Asks Court for Quick Decision

Saturday, August 10th, 2013

New Jersey United for MarriageAfter the state filed a brief in the marriage equality case urging the court to go slow, gay rights activists filed their own brief pushing for the opposite. Philly.com reports:

Lawyers for a group of gay couples said in a court filing Friday that New Jersey’s key argument against allowing same-sex marriage immediately is “contrary to established law.” The reply brief filed Friday is the last one expected before oral arguments on gay marriage in New Jersey, scheduled for Thursday… In Friday’s reply, lawyers for the couples said the state was wrong. “The state’s effort to avoid responsibility for its actions by blaming the federal government is contrary to established law,” they wrote.

Governor Christie has done everything he can to slow down progress on marriage equality in the state – time for a court remedy.

Find more articles and gay wedding resources in New Jersey.

USA: Schedule Set for DOMA Legal Briefs at Supreme Court

Friday, December 14th, 2012

Schedule Set for DOMA Legal Briefs at US Supreme CourtThe U.S. Supreme Court has announced the schedule for submitting legal briefs in pending DOMA litigation, making the deadline for the first round of such documents Jan. 22.

Here’s when each brief should be filed in case of Windsor v. United States, the lawsuit against DOMA the Supreme Court agreed to hear last week. The briefing schedule was announced in an orders list on Friday.

No announcement was made on the briefing schedule for Hollingsworth v. Perry, the case the Supreme Court has also agreed to take up challenging California Proposition 8.

Authored By Chris Johnson – See the Full Story at The Washington Blade

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CA: Anti Prop 8 Briefs Filed With Appeals Court

Tuesday, October 19th, 2010

California Gay Marriage - Prop 8 AppealGay-rights advocates say a federal appeals court can restore same-sex marriage in California without deciding the constitutionality of the ballot measure that eliminated it – because, they argue, the measure’s sponsors have no rights of their own at stake.

If the court disagrees and allows Proposition 8’s backers to defend the initiative, its opponents contend, the measure should still be struck down because its sole purpose was to classify gay and lesbian relationships as inferior.

Lawyers for two same-sex couples, a gay-rights group and the city of San Francisco filed their arguments Monday with the Ninth U.S. Circuit Court of Appeals in San Francisco, supporting a federal judge’s ruling that overturned Prop. 8.

Full Story from SFGate

Click here for gay marriage resources in California.

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