Gay Marriage to Alfred: Your Thoughts

http://www.nytimes.com/2014/01/15/us/federal-judge-rejects-oklahomas-gay-marriage-ban.html?hpw&rref=us&_r=0

...Oklahoma! Not to take effect immediately - judge has preemptively put the ruling on hold in anticipation of appeal - but maybe noteworthy in that the decision, as I understand it, is based on simple rational-basis review, maybe with a little of the 'animus' vibe from Romer. Much lower order of scrutiny.

Makes sense that it was put on hold since the appeal goes to the Tenth Circuit anyway, where the Utah case is going. Still, another sign of cracks in the remaining dam.

Reading through state entries at freedomtomarry.org can lead to some kind of surprising moments. Like:

Georgia:

A majority of Georgia residents (57%) say that same-sex couples should be able to either marry or join in civil union. (Public Policy Polling, December 2012)

Montana:

A growing number of voters in Montana support marriage, with 43% saying it should be allowed. Additionally, 64% of respondents said they support either marriage or civil union for same-sex couples. (Public Policy Polling, February 2013)

South Dakota:

Support for the freedom to marry has increased dramatically in the past 8 years, with 45% of the state's residents now supporting marriage. In 2004, just 24% were supportive. (Williams Institute, 2012)

Mississippi:

Support for the freedom to marry has nearly doubled in the past 8 years, with 34% of the state's residents now supporting marriage. In 2004, just 18% were supportive. (Williams Institute, 2012)

Now, obviously there's a lot buried in the "either marriage or civil union" line. I suspect at least some of the growth is people saying, well, they'll get this marriage thing if we don't cough up civil unions! (Wonder if this line is being pushed at all in conservative circles.) But still - - - One in three people in Mississippi is kind of crazy.

related: http://www.washingtonblade.com/2014/01/21/gay-jurist-decision-bodes-well-marriage-equality-cases-experts/

Writing for the majority, U.S. District Judge Roy Reinhardt ruled that Abbott “unconstitutionally used a peremptory strike” to exclude Juror B from the case because of his sexual orientation, but goes further by saying the court must apply heightened scrutiny in its ruling in the wake of the U.S. Supreme Court decision against the Defense of Marriage Act.
[...]
But the decision in the Ninth Circuit is significant because it creates precedent within that jurisdiction to apply heightened scrutiny in the numerous cases before it involving gay people and may encourage courts outside the circuit to do the same.

Florida!

I claim you first.

Need to know if Eric hasn't applied already.

Applied my signature to the divorce papers? We've been through this ...

OK, rev, let's do it. I'll be in Seattle in April.

well done Scotland. better late than never.

http://www.bbc.co.uk/news/uk-scotland-scotland-politics-25960225

FYI Scotland have legalised gay marriage to alfred.

Interesting Nevada news:

Attorney General Catherine Cortez Masto, in a motion filed with the 9th U.S. Circuit Court of Appeals, said Nevada's legal arguments defending the voter-approved prohibition aren't viable after the court's recent ruling that potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.

"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.

Nevada's move comes as the federal government and courts around the country in recent months have chipped away at laws the prohibit marriage and benefits for same-sex couples. In a one-month span from December to January, two federal judges struck down state bans on gay marriage for the same reason, concluding that they violate the U.S. Constitution's promise of equal protection under the law.

Gov. Brian Sandoval, a Republican seeking re-election this year, said he agreed with the Democratic attorney general's action.

"Based upon the advice of the attorney general's office and their interpretation of relevant case law, it has become clear that this case is no longer defensible in court," Sandoval said in an email to The Associated Press.

Man, my "but we're really running out of likely states" post from last November is just looking more and more quaint every day. Keep 'em coming!

Kansas House passes bill that would allow service refusal to same-sex couples on religious grounds

“Discrimination is horrible. It’s hurtful … It has no place in civilized society, and that’s precisely why we’re moving this bill,” he said. “There have been times throughout history where people have been persecuted for their religious beliefs because they were unpopular. This bill provides a shield of protection for that.”

Kansas politician stands up for enormously unpopular version of Christianity among Kansans, bravely risks the backlash.

In contrast to which, in Virginia:

https://twitter.com/AGMarkHerring/status/434157953944276992

*ALERT* Equality marches forward in VA: Federal judge declares state's same-sex marriage ban unconstitutional. Issues stay pending appeal.

Virginia goes down, partially thanks to Nino.

So rare to see this kind of unity in any anti-conservative movement; it's like the liberal think tank of The Corner's dreams really did conference call every federal judge and say, "You will cite Antonin Scalia's dissent in Windsor and aggravate Rush Limbaugh."

As of Wednesday, incremental progress in Kentucky, my state of origin: while the ban on gay marriage remains in effect, state government is required to recognize marriages conducted in other states.

http://www.washingtonpost.com/politics/kentucky-must-recognize-gay-marriages-from-other-states-federal-judge-rules/2014/02/12/8ec79508-9410-11e3-b46a-5a3d0d2130da_story.html
http://www.slate.com/blogs/outward/2014/02/12/kentucky_gay_marriage_scalia_would_hate_this_ruling.html

Scaliamania sweeps the federal judiciary.

http://www.chicagotribune.com/news/local/breaking/chi-judge-same-sex-couples-can-marry-now-in-cook-county-20140221,0,381862.story

Meantime if you haven't laughed at Erick Erickson lately, enjoy the self-applied Gordian knot:

http://www.redstate.com/2014/02/21/yes-jesus-would-bake-a-cake-for-a-gay-person/

in Oregon today:

http://www.oregonlive.com/mapes/index.ssf/2014/02/gay_marriage_advocates_have_bi.html#incart_river#incart_m-rpt-1

And just now in Texas:

http://www.mysanantonio.com/news/local/article/Texas-ban-on-gay-marriage-ruled-unconstitutional-5270099.php

As with Virginia, stay in place.

http://www.religiondispatches.org/archive/sexandgender/7678/methodists_make_history__or__an_argument_for_ecclesiastical_disobedience/

“Biblical obedience demands ecclesiastical disobedience”

lol protestantism

Michigan.

http://abcnews.go.com/US/wireStory/judge-strikes-michigans-ban-gay-marriage-23012280

http://politicalticker.blogs.cnn.com/2014/04/04/judge-to-declare-ohios-ban-on-gay-marriage-unconstitutional/?hpt=hp_t2

^^^ a bit misleading headline-wise - the ruling apparently will deal only with the refusal to recognize gay marriages from other states, but still!

http://www.religiondispatches.org/dispatches/patriciamiller/7756/ohio_catholic_school_teachers_required_to_sign_morality_clause/

The contracts instruct employees to refrain from “conduct or lifestyle that’s in contradiction to Catholic doctrine or morals,” including:

improper use of social media/communication, public support of or publicly living together outside marriage, public support of or sexual activity out of wedlock, public support of or homosexual lifestyle, public support of or use of abortion, public support of or use of a surrogate mother, public support of or use of in vitro fertilization or artificial insemination, public membership in organizations whose mission and message are incompatible with Catholic doctrine or morals, and/or flagrant deceit or dishonesty.”

so if you live/sleep together outside of marriage, make sure you have an actual shack to do it in, so no one will be the wiser

Anyway, Arkansas. No stay issued, first marriages already underway.

http://joemygod.blogspot.com/2014/05/history-first-same-sex-couple-legally.html

Mentioned in an AP story on same-sex marriage in Arkansas are several elderly gay Arkansans, including "Dick Titus" and "Paul Wank." Sadly not a couple:
http://www.washingtonpost.com/national/arkansas-issues-same-sex-marriage-licenses/2014/05/10/3add1b74-d8a4-11e3-8f7d-7786660fff7c_story.html

The Supreme Court decision on DOMA is doing its work.

Idaho

http://www.idahostatesman.com/2014/05/13/3183291/judge-rules-idaho-gay-marriage.html?sp=/99/101/

yeah but freedom

It's the land where they grow the freedom fries

can't believe Butch Otter doesn't want homo marriage :(

Oregon.

Expected. The Oregon Attorney general refused to defend the ban that was put into the Oregon Constitution in 2004 by voters. As was only right. However, this does let conservatives solemnly argue that this ruling was an unfortunate method for achieving marriage equality, because the empty slogans and bankrupt reasoning of gay marriage opponents was not given a fair hearing.

I'm just cackling that NOM couldn't even get standing from anybody no matter how hard they tried.

It's a symptom of the emptiness of their position; they can never point to any quantifiable harm done to anyone if gays can marry. It's all "society will suffer grievous harm", even though actual people won't.

What are we at now, 20 out of 50?

18+DC active; 9 pending (Idaho and Arkansas are now under stays)

Word coming in there should be a Pennsylvania ruling tomorrow.

soon you guys can marry me everywhere except my home state!

http://upload.wikimedia.org/wikipedia/en/9/94/The_Great_American_Road_Trip_logo.jpg

Pennsylvania in:

https://twitter.com/aclupa/status/468820701831770112

http://www.buzzfeed.com/chrisgeidner/federal-judge-strikes-down-pennsylvania-same-sex-marriage-ba

In the order, filed moments later, Jones wrote the state defendants are “permanently enjoined” from enforcing the ban. He provided for no stay of his order, meaning it is effective immediately.

Should be noted Jones was appointed by W. and recommended by Santorum. Hope the latter has some REAL bad heartburn.

Chris Hayes devoted a segment last week to explaining how Scalia's dissents in gay cases have proven most useful.

http://www.msnbc.com/all-in/watch/happy-valentines-from-justice-scalia-153225795988

Should be noted Jones was appointed by W. and recommended by Santorum. Hope the latter has some REAL bad heartburn.
― Ned Raggett, Tuesday, May 20, 2014 2:51 PM (45 minutes ago) Bookmark Flag Post Permalink

We here in PA are really experiencing schadenfreude about that. :D

Anyone wanna come marry me now?