Thursday, October 09, 2014

I'm In A Marriage State Of Mind: UPDATE: West Virginia Goes Equal UPDATE: Nevada Won't Fight it

Man oh man, do I have marriage on my mind these days, and not just my own—have I mentioned on here at all that Carlos and I are becoming Mr. and Mr. next week? I wasn’t sure ….

Anyway, the way things stand in South Carolina right now is this: Governor Nikki Haley — soon to lose an election and any chance at a political future, fingers crossed — and Attorney General Alan Wilson have decided that the Supreme Court’s announcement this week to let the 4th Circuit Court’s ruling that marriage bans are unconstitutional stand doesn’t affect South Carolina — even though it does — and they have vowed to go down in history as a couple of the last hold-outs fighting against equality.

That’s quite a footnote to an already not-so-illustrious career, Nikki. Just sayin’.

The judge in our case — Bradacs v Haley, South Carolina — wants to hear arguments next Tuesday, and may make a ruling next week. If we win, and it’s quite likely we will because the Great and Powerful 4th Circuit Court has spoken, I imagine Nikki will dig her heels in further and try to fight this all the way to the Supreme Court who might just look at her and say, “Bitch, please! We already decided this, It’s done. Get back on your broom and get outta here.”

Marriage licenses for same-sex couples were issued yesterday in both Charleston and Richland counties, but Attorney General Wilson asked that the state Supreme Court demand that the licenses be stopped; for now.

Or something; but it’s more than South Carolina; it’s also Nevada and Idaho.

The 9th U.S. Circuit Court of Appeals found that Nevada’s constitutional ban on same-sex marriage imposes “profound legal, financial, social and psychic harms” on many of its citizens and overturned it, as happens quite often these days; the ruling also overturned Idaho’s ban as well.

In Nevada, Clark County began issuing marriage licenses to same-sex couples yesterday, and up there in Idaho more than a dozen same-sex couples applied for marriage licenses, only to be turned away after US Supreme Court Justice Anthony Kennedy stay the 9th Court of Appeals’ ruling; he also stayed a court ruling legalizing same-sex marriage in Nevada.

So, it was on in Nevada and Idaho and minutes later it was off, but then, right after staying the ruling keeping the ban on marriage equality in Nevada and Idaho, Kennedy said that same-sex marriages were allowed in Nevada because his earlier order only applied to Idaho.

See, it turned out that no one in Nevada asked to halt the same-sex marriages, so Kennedy had no choice but to let them continue. It was on, then it was off, then it was on, and seems to be staying on now.

UPDATE I: The issuing of marriage licenses to same-sex couples is on hold due to pending motions in the courts. The 9th Circuit is currently considering whether to recall the mandate to the District Court requiring an injunction. The state had anticipated accepting marriage license applications from same-sex couples today, but now it seems to be in limbo.
UPDATE II: The same-sex marriage opponents have decided not to fight; marriage is back on.

Okay, so what’s next?

UTAH Same-sex marriage is legal. Republican Governor Gary Herbert said the announcement "may be not satisfactory for some, but it is the law of the land."

KANSAS Chief District Judge Kevin Moriarty directed the district court clerk to issue marriage licenses to same-sex couples; same-sex marriage is legal.

OKLAHOMA Same-sex marriage is legal, though Governor Mary Fallin — a veritable Nikki Haley clone, though she’s a divorced Christian adulteress — said that “the will of the people has been overridden and that the rights of Oklahomans had been trampled by an arrogant, out-of-control federal government." Boo hoo, Mary.

WYOMING No marriage equality; Governor Matt Mead and his attorney general will continue to defend Wyoming's constitution defining marriage between a man and a woman, with their slated for a hearing in mid-December.

COLORADO Same-sex marriage is legal.

VIRGINIA Same-sex marriage is legal; Governor Terry McAuliffe called it "a historic and long-overdue moment for our commonwealth and our country."

NORTH CAROLINA A federal judge issued an order telling lawyers on both sides of the case challenging North Carolina's ban on same-sex marriage to submit documents supporting their arguments. Each party involved has 10 days to file.
UPDATE: A Judge has lifted the stays and it appears that same-sex marriages will begin today!

WEST VIRGINIA No marriage equality; a lawsuit challenging the state's ban was delayed by a federal court in the that the Supreme Court would rule on the issue which means that, for now, same-sex couples cannot apply for marriage licenses.
UPDATE: West Virginia Attorney General Patrick Morrisey says his office will no longer fight a court challenge to West Virginia's ban on same-sex marriages.

INDIANA Same-sex marriage is legal; Indiana Attorney General Greg Zoeller has ordered county to comply with a mandate from the U.S. 7th Circuit Court of Appeals, which ordered that all obstacles to same-sex marriage be removed.

WISCONSIN Same-sex marriage is legal; same-sex couples married in June will now have their marriages recognized and same-sex couples who want to marry now can do so whenever they wish.

ALABAMA No marriage equality; lawsuits challenging the ban have been filed in each of the state's three federal court districts, but judges have yet to rule.

 ALASKA No marriage equality; a federal judge is hearing arguments tomorrow in a case filed by five couples challenging the state's ban.

 ARIZONA No marriage equality; lawyers in two pending federal lawsuits challenging Arizona's ban are expected to urge the judge to take note of that ruling by the 9th U.S. Circuit Court of Appeals and immediately strike down the ban.

ARKANSAS No marriage equality, in May, a state judge struck down the state's ban, but the state Supreme Court halted the marriages, and is weighing state officials' appeal.

FLORIDA No marriage equality; a federal judge declared the state's ban unconstitutional, joining state judges in four counties, but he issued a stay delaying the effect of his order.

GEORGIA No marriage equality; a lawsuit challenging the state's ban was filed in federal court, and the state wants to dismiss the suit, but the judge has not ruled.

KENTUCKY No marriage equality; two Kentucky cases were among six from four states heard in the 6th U.S. Circuit Court of Appealst; rulings are pending on recognition of out-of-state marriages, as well as the ban on marriages within the state.

LOUISIANA No marriage equality; a federal judge's ruling which upholds the state's ban has been appealed to the 5th U.S. Circuit Court of Appeals. A state judge ruled in a separate case that the ban is unconstitutional, a ruling that has been suspended while the state attorney general appeals to the state Supreme Court.

MICHIGAN No marriage equality; their ban was overturned by a federal judge in March following a trial; the 6th Circuit Court of Appeals heard arguments and a ruling is pending.

MISSISSIPPI No marriage equality; the state Supreme Court has been asked to hear arguments on a woman's effort to get her marriage in another state recognized in Mississippi for purposes of getting a divorce.

MISSOURI No marriage equality; the state attorney general won't appeal a state court order that Missouri recognize marriages from in other states, but two other cases are pending.

MONTANA No marriage equality; four couples challenged the state's ban in a lawsuit pending in U.S. District Court. The decision by the 9th Circuit to strike down Idaho's ban likely means Montana's voter-approved ban also will be declared unconstitutional.

NEBRASKA No marriage equality; the state's ban remains intact. A federal judge struck it down in 2005, but an appeals court reversed the decision.

NORTH DAKOTA No marriage equality; seven couples sued over the state's ban; a U.S. district judge now must decide whether to rule or hear oral arguments.

OHIO No marriage equality; two cases were argued in the 6th Circuit Court and a ruling is pending.

SOUTH DAKOTA No marriage equality; six couples sued over the state's ban, and arguments are being scheduled in U.S. district court on the state's motion to dismiss the lawsuit.

TENNESSEE No marriage equality; the 6th Circuit Court heard arguments as to whether Tennessee's refusal to recognize a valid marriage from another state is constitutional and a ruling is pending.

TEXAS No marriage equality; a federal judge declared the state's ban unconstitutional, but the state is appealing to the 5th Circuit Court, which is soon expected to set a date for arguments.

And so there you have it; good news by the boatload, but still many fights to be fought, and won, before we all have the right to marry who we love, where we live.

The march goes on ….
Idaho Statesman
The Advocate: Idaho
The Advocate: Nevada
ABC News

4 comments:

Ron said...

Bob,
I am LOVING this. Watching the haters make their last stand. Why? They must know they're fighting a losing cause. Maybe they're just going for the yahoo vote. They can't be that stupid to know that marriage equality will eventually be in all fifty states. Yes, that's it. They're going for the yahoo vote.
Ron

the dogs' mother said...

Crossing my fingers that when you get back from WA SC will have settled its issues.

anne marie in philly said...

these other states need to get with the program and join the 21st century!

Mark in DE said...

Thanks for your commitment to this and your excellent reporting!