Marriage equality update

A short summary of developments in the fight for marriage equality.

It has been a fast-paced week for marriage equality, with important court rulings, and some confusion. This is a short summary of major news in the battle to win marriage equality.

Arkansas

Pulaski County Judge Chris Piazza issued a ruling overturning both a constitutional amendment and a state law banning same-sex marriage. The state Supreme Court refused to stay the decision, so gay marriage apparently is technically legal. However, there is also a state law that mandates fines for county clerks who issue marriage licenses to same-sex couples. After five counties issued about 450 licenses through Tuesday, no counties are currently issuing them because of uncertainty over that law.

Attorneys have asked Judge Piazza to clarify whether he intended to strike down all Arkansas laws prohibiting same-sex marriage when he voided the state's ban last week.

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Idaho

US District Magistrate Judge Candy Dale issued a ruling Tuesday that Idaho’s ban of same-sex marriage was unconstitutional, and directed that counties begin issuing marriage licenses to same-sex couples at 9am Friday, May 16. Governor ‘Butch’ Otter demanded that the judge stay her order, but she refused. The governor and attorney general plan to appeal to the Ninth Circuit Court of Appeals, arguably the most liberal appeals court in the US. As it stands today, marriage begins in Idaho on Friday.

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Oregon

In an April hearing on the state’s gay marriage ban, no party defended the ban. Subsequently, the anti-gay activist group National Organization for Marriage (NOM) asked to intervene in the case to support the ban. Both the plaintiffs and the state’s attorneys opposed that effort, and the judge denied NOM’s petition. A decision on marriage equality in Oregon could come at any time.

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Pennsylvania

The gay marriage fight in Pennsylvania moves to a federal courtroom Thursday, where a couple will ask a judge to recognize their same-sex marriage. Pennsylvania is the only northeast state that bans both same-sex marriage and civil unions.

Republican Gov. Tom Corbett's administration opposes same-sex marriage. He has asked another federal judge to find the state's ban on gay marriage constitutional. A decision in that case could come any day.

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Texas

A San Antonio judge has blocked the state's effort to halt a divorce and child custody case involving a same-sex couple. The Texas Attorney General's office argued Wednesday before State District Judge Barbara Nellermoe that it has an interest in defending Texas' ban on same-sex marriages. Nellermoe refused to allow the state to intervene in the case. She previously ruled Texas restrictions on same-sex marriage are unconstitutional.

Information for this article was condensed from AP Dispatches. Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly – May 15, 2014 @ 10:05am