Marriage equality update
The pace of gay marriage news has slowed a bit. In the last week, same-sex marriage began in eleven states: Utah, Oklahoma, Wisconsin, Indiana and Virginia, by the Supreme Court’s October 6 refusal to hear any appeals on the matter; Colorado, West Virginia, and North Carolina, as a result of that action. Nevada and Idaho as a result of a ruling by the Ninth Circuit Court of Appeals, and Alaska as a result of that ruling.
Action since has ranged from clarification to legal efforts to delay or avoid gay marriage. Following is news from several states.
Kansas – A state judge in Johnson County ordered the county, Kansas’ most populous to issue marriage licenses. One couple is known to have been married in Olathe, before the state’s Supreme Court put marriages on hold. The ACLU has filed a federal lawsuit seeking the overturn of Kansas’ ban on gay marriage, and asking the district court judge to issue an order immediately allowing gay marriage while the case works its way through the legal process.
Wisconsin - Gov. Scott Walker said Monday that hundreds of same-sex marriages performed in June will be recognized by the state, ending uncertainty for those couples and likely putting a stop to a federal lawsuit filed over the issue.
Nevada – after confusion and legal wrangling, marriage began on Friday. The Coalition for the Protection of Marriage filed a request on Monday, asking the full Ninth Circuit court to hear their case against same-sex unions in the state. The group challenged the selection of the three judge panel, because they were “favorably disposed to arguments for expanding the rights of gay men and lesbians.”
Tara Borelli, the Lamba Legal attorney who won the Nevada appeal on behalf of eight same-sex couples, called the allegation of improper judicial selection "unfounded, desperate and sad."
Borelli said arguments similar to those the coalition is making have been rejected by federal appeals courts elsewhere, and the coalition lacks standing to seek further review of the Nevada case.
"It's clear that there is no further controversy to resolve," Borelli said.
Florida - Attorney General Pam Bondi has defended Florida's gay marriage ban, but she now says she wants the state's high court to settle whether the ban is legal.
Bondi's office filed a request late Monday with the 3rd District Court of Appeal in Miami in the turnabout decision.
The filing asks that the appeals court immediately send two consolidated cases up to the Florida Supreme Court. In both cases, judges declared the state's gay marriage ban unconstitutional.
This summer, Bondi had opposed a similar suggestion. But now she says "changed circumstances" warrant having the state's highest court settle the issue.
Wyoming - In an expedited hearing Thursday in Casper, U.S. District Judge Scott Skavdahl will consider a suit filed last week by four same-sex couples and a gay-rights advocacy group. They’ve asked the federal judge to decide immediately if gay couples can marry in Wyoming. Wyoming is in the 10th Circuit Court’s area of jurisdiction, and it is expected the district court judge will rule that the higher court’s ruling in the Utah and Oklahoma cases make Wyoming’s ban on gay marriage similarly unconstitutional.
This update was compiled from several Associated Press stories.
The Gayly – October 14, 2014 @ 9:30am