LGBTI global news 24-7

Content about Same-sex marriage in the United States

September 10, 2014

Maura Healey, the 43-year-old former Massachusetts assistant attorney general who was instrumental in challenging DOMA, has secured the Democratic nomination for state attorney general

Maura Healey could become the first openly gay attorney general in the nation after securing the Democratic nomination Tuesday (9 September).

When the polls showed she defeated state lawmaker Warren Tolman for the nomination by 62.4% to 37.6%, she went on to thank those who supported her ‘underdog’ campaign, promising to champion the rights of workers, students and homeowners if elected.

September 9, 2014

Three judges on the 9th Circuit Court of Appeals left gay marriage supporters optimistic after challenging arguments used to uphold same-sex marriage bans in three states

The 9th US Circuit Court of Appeals in San Francisco heard arguments this week for and against gay marriage in three states.

Justices Stephen Reinhardt, Ronald Gould and Marsha Berzon listened as supporters and opponents of gay marriage in Idaho, Hawaii and Nevada made their cases.

Even though same-sex marriage in Hawaii has been legal since 2 December 2013, gay marriage supporters are seeking to ensure the state's Supreme Court doesn't overturn the law in the future.

September 7, 2014

'The time has come to end the divisive national debate as to whether the Constitution mandates same-sex marriage'

The Church of Jesus Christ of Latter-day Saints wants the US Supreme Court to make a definitive ruling on gay marriage.

September 6, 2014

'The status quo has not changed with today’s ruling'

J.B. Van Hollen, Wisconsin's attorney general, promises to take his battle against marriage equality to the US Supreme Court.

September 4, 2014

'...The only rationale that the states put forth with any conviction – that same-sex couples and their children don’t need marriage because same-sex couples can’t produce children, intended or unintended – is so full of holes that it cannot be taken seriously'

The US Court of Appeals for the Seventh Circuit ruled gay marriage bans in Indiana and Wisconsin are unconstitutional.

The unanimous decision was released today (4 September).

September 3, 2014

Ruling by US District Court Judge Martin Feldman ends streak of post-DOMA victories in federal courts

A US District Court judge today upheld the constitutionality of Louisiana's ban on gay marriage.

 

It marked the first defeat for a marriage equality case since the US Supreme Court gutting of the Defense of Marriage Act in 2013.

Judge Martin Feldman wrote that same-sex marriage is not a 'fundamental right' and that those defending the ban in the case offered 'a credible, and convincing, rational basis' for wanting the ban to continue.

August 29, 2014

They file official request for high court review a day after plaintiffs in Virginia case do the same

It seems likely that the US Supreme Court will take on a gay marriage case next year but the question is which case will be the one to settle the issue once and for all.

Plaintiffs in a Utah case made clear on Thursday (28 August) that they want their lawsuit to be heard by the high court by officially filing a brief making that request.

The three couples challenging Utah’s ban on marriage for same-sex couples asked the court to accept the request of Utah state officials to review the case.

August 27, 2014

States one judge: 'There was a tradition of not allowing black and whites' to marry. 'It was a tradition. It got swept aside'

The US Court of Appeals for the Seventh Circuit in Chicago expressed skepticism over gay marriage bans during oral arguments on cases in in Wisconsin and Indiana on Tuesday (26 August).

One member of the three-judge panel, Judge Richard Posner, hammered Wisconsin attorney Timothy Samuelson with questions seeking justification for why his state denies marriage rights to same-sex couples.

When Samuelson said it is a ban that is rooted in tradition, Posner stated: 'That’s the tradition argument. It’s feeble!'

August 27, 2014

High court expected to accept a marriage equality case next year but will have several to choose from

Celebrated lawyers Ted Olson and David Boies want to return to the US Supreme Court and argue for marriage equality.

The team, who successfully argued for the overturning of California's ban on gay marriage (Proposition 8), asked the high court on Wednesday (27 August) to review the Virginia marriage case they are currently fighting for.

The court is widely expected to take on a same-sex marriage case in 2015 but the Virginia case is one of several it will have to choose from.

August 22, 2014

US Court of Appeals for the Seventh Circuit in Chicago has set oral arguments for August 26

The next big legal stage in the fight for marriage equality in the US has been set.

On Tuesday (26 August), the US Court of Appeals for the Seventh Circuit in Chicago will hear oral arguments in gay marriage cases from Wisconsin and Indiana.

The Seventh Circuit's jurisdiction also includes Illinois where same-sex marriage is already legal.

The circuit courts are the final stop before the US Supreme Court which may or may not choose to hear any of the cases recently decided.

August 21, 2014

US District Judge Robert L Hinkle thinks such bans will be looked upon in history the same as interracial marriage bans

In the most significant ruling to date on Florida's gay marriage ban, a federal judge on Thursday (21 August) has declared that the ban violates the US Constitution.

The ruling by Tallahassee-based US District Judge Robert L Hinkle comes after four state judges reached the same legal conclusion earlier this year.

August 20, 2014

The American Military Partner Association is suing the federal Veterans Affairs Department for continuing to deny some spousal benefits to same-sex couples who live in states where they can’t legally marry

The US Department of Veterans Affairs (VA) is being taken to court over it continuing to deny some spousal benefits to military same-sex couples who live in states where same-sex marriage is banned despite the Supreme Court striking down Section 3 of the Defense of Marriage Act (DOMA).

The American Military Partner Association (AMPA) is bringing the action through its legal counsels Lambda Legal and Morrison and Foerster LLP who filed a law suit against the VA on Monday in the Federal Circuit Court.

August 15, 2014

'Genderless marriage, after all, necessarily undermines the importance of, and eliminates the Commonwealth's preference for, children being raised by both their mother and father'

A county clerk from Virginia asked the US Supreme Court to put a stay on a lower court's ruling striking down the state's gay marriage ban.

According to the site SCOTUSblog, attorneys for Prince William County Clerk Michelle B. McQuigg submitted papers to the country's highest court on Thursday afternoon (14 August).

August 14, 2014

The Williams Institute has crunched the numbers and is suggesting that legalizing same-sex marriage in the state would result in an additional $53.2 million in spending in the state – generating jobs and tax revenue

The University of Southern California Los Angeles’ Williams Institute has conducted a study on the economic benefits that legalizing same-sex marriage would have for the US state of Michigan, and has calculated there would be extra spending in the state to the tune of $53.2 million if it were to do so.

Researchers used census data and figures on post legalizing same-sex marriage spending booms in other states to arrive at that figure.

August 13, 2014

High court intervention last resort after appeals court denies delay in ruling that struck down marriage ban

A federal appeals court on Wednesday (13 August) refused to delay its ruling that struck down Virginia's gay marriage ban earlier this year.

This means that barring the granting of an emergency delay by the US Supreme Court, same-sex couples might start getting married in the state as early as next week.

'No one anticipated we would be this close this quickly to the day when all Virginians have the right to marry the person they love,' Virginia Attorney General Mark Herring said in a statement.

August 12, 2014

A Tennessee county judge has ruled that the US constitution does not protect same-sex couples’ right to marry in the first legal loss of its kind since the US Supreme Court overturned the federal Defense Of Marriage Act

Roane County Tennessee Circuit Judge Russell E Simmons Jr has declared his state’s ban on same-sex marriage to be constitutional, bucking the nation-wide legal trend on the issue.

Simmons had been hearing the case of Fredrick Michael Borman and Larry Kevin Pyles-Borman, a same-sex couple who had married in Iowa in 2010 and were seeking to have that marriage recognized in their home state of Tennessee.

August 10, 2014

'It is time to discard these discriminatory bans and to recognize the humanity, dignity, and rights of gay and lesbian Americans seeking to forge life-long bonds'

Virginia Attorney General Mark Herring is asking the US Supreme Court to review a lower court's decision on his state's marriage ban.

Last month the Court of Appeals for the Fourth Circuit ruled the southern state's marriage equality prohibition is unconstitutional.

On 8 August Herring, a marriage equality supporter, filed a writ of certiorari petition to the country's highest court.

August 8, 2014

National Organization for Marriage president: Target 'insinuates' that people against gay marriage are 'akin to segregationists and racial bigots'

The National Organization for Marriage, the largest anti-gay organization in the US, is targeting one of the country's largest retailers with a boycott because of its support of gay marriage.

NOM President Brian Brown announced Thursday (7 August) a boycott against Target, a Minnesota-based chain with 2,000 stores nationwide.

The retailer this week signed on to an amicus brief supporting same-sex marriage in pending cases in Wisconsin and Indiana.

August 8, 2014

14 lesbians and four gay men submitted an appeal to Congress demanding not just marriage equality, but adoption, social security and all the rights that heterosexuals enjoy with marriage

A group of 18 gay and lesbian Mexicans are stepping up the fight for gay marriage in Baja California Sur, bordered by the northern state of Baja California.

According to BCS Noticias, the group this week submitted an appeal to the Judicial Power of the Federation (PJF) urging Congress and the governor Marcos Covarrubias Villaseñor to change articles 330 and 150 of the Baja California civil code to allow same-sex marriages in the state.

August 6, 2014

Sixth Circuit Court of Appeals in Ohio will rule on cases in Ohio, Michigan, Kentucky and Tennessee

A three-judge panel of the US Sixth Circuit Court of Appeals in Cincinnati heard oral arguments Wednesday (6 August) in six cases challenges gay marriage bans in four different states.

The judges will be deciding whether to uphold rulings by various federal judges in lower courts who ruled that the marriage bans in Michigan, Tennessee, Kentucky and Ohio are unconstitutional.

The Court heard the Michigan case first, followed by two Ohio cases, then two Kentucky cases, and finally the Tennessee case.

Rulings are not expected for a few more weeks.

August 6, 2014

Utah’s ban on same-sex marriage will be decided by the US Supreme Court in only the second gay marriage case to be brought before it and the court could potentially decide the issue for all of America

The Utah state government has asked the Supreme Court of the United States to hear an appeal to a ruling striking down that state’s ban on same-sex marriage in a case that could potentially settle the issue once and for all.

The US Supreme Court has not heard a case involving same-sex marriage since it struck down California’s ban on same-sex marriage.

The Supreme Court could have ruled that same-sex marriage was legal throughout all 50 states in the California case but declined to do so. However this Utah case now gives it another opportunity.

August 5, 2014

Judge in Palm Beach County case rules state cannot stop man from inheriting late husband's estate

Florida's ban on same-sex marriage suffered its second legal setback in two days on Tuesday (5 August) and fourth in the past three weeks.

Palm Beach County Circuit Judge Diana Lewis ruled that the marriage ban is unconstitutional in a case involving a gay man seeking to inherit his late husband's estate.

The ruling applies only to the case involving plaintiff W. Jason Simpson who married his late spouse in another state. Simpson now cannot be blocked from claiming the estate.

August 4, 2014

Ruling only applies to Broward County and judge issued immediate stay

Florida's ban in same-sex marriages suffered another blow today when a state judge - the third in three weeks - ruled that the ban violates that US constitution.

The ruling by Broward County state Circuit Court Judge Dale Cohen applies only to that particular county and the judge issues an immediate stay pending the expected appeal.

Cohen ruled in a lawsuit filed by Heather Brassner who had entered into a civil union with Megan Lade in Vermont and is seeking a divorce in Florida. 

August 1, 2014

Justice Ruth Bader Ginsberg predicts high court will not duck marriage equality once a case is properly before the court

US Supreme Court Justice Ruth Bader Ginsberg predicts that the nation's high court will hear a same-sex marriage case by June 2016 if not next year.

Since the court, in a 5-4 decision in June 2013, gutted key provisions of the Defense of Marriage Act, federal courts have struck down gay marriage bans in several states.

Cases on appeal in such states as Utah, Indiana or Virginia could be one of those selected by the court for a landmark ruling.