Thread: Same sex marriage

Originally Posted by misskit

The tax owed to the federal government on all assets will be so much the sale of their home would be necessary to pay them.

Poor tax planning imo., not the IRS fault or the laws. Two businessmen you said. Not very savvy were they?

555 Right.

Just in case I’m busy the next few days.

Another southern state. Mississippi

If U.S. District Judge Carlton W. Reeves doesn't grant the preliminary injunction sought against Mississippi's gay marriage ban, it will surprise most of the people in his courtroom on Wednesday.

Reeves grilled the state's defense of its gay marriage ban on almost every issue raised during the roughly five hours of arguments presented in a hearing for Campaign for Southern Equality v. Phil Bryant. At the same time, he appeared sympathetic to the plaintiffs who want the ban overturned.

The hearing ended around 3:30 p.m. with Reeves saying he will take the matter under advisement and rule as soon as possible. He has two main decisions before him: Whether or not to grant the preliminary injunction and, if so, whether or not to issue a stay of that injunction.

Attorneys argued over the injunction during the morning session and over the stay during the afternoon session.

Nominated by President Barack Obama, Reeves took office in December 2010 as the second African-American federal judge from Mississippi, and he animates his courtroom with a quick humor that seems to put both sides of a case at ease. But he also pierces attorneys with sharp questions that reveal his command of the issues he must decide, and potentially, the way he'll ultimately rule.

This was a surprise.

Judge Lifts Montana Same-Sex Marriage Ban - Billings, MT

In an 18-page ruling filed Wednesday, Judge Brian Morris lifts Montana's constitutional ban on same-sex marriage effective immediately.In his decision, Judge Morris writes, “These families, like all of us, want their children to adventure into the world without fear of violence; to achieve all that their talent and perseverance allows without fear of discrimination; and to love themselves so that they can love others. No family wants to deprive its precious children of the chance to marry the loves of their lives. Montana no longer can deprive Plaintiffs and other same-sex couples of the chance to marry their loves.”

“It's a great day for Montana” says ACLU of Montana Executive Director Scott Crichton. “The ACLU has worked for decades to ensure the rights of LGBT people are protected and respected. We're humbled to be part of this history-making moment.”

Governor Steve Bullock released a statement of support following the ruling, “Today's decision ensures we are closer to fulfilling our promise of freedom, dignity, and equality for all Montanans. It is a day to celebrate our progress, while recognizing the qualities that bind us as Montanans: a desire to make a good life for ourselves and our families, while providing greater opportunities to the next generation. I have instructed my administration to quickly take all appropriate steps to ensure that we are recognizing and affording the same rights and responsibilities to legally married same-sex couples that all married Montanans have long enjoyed.”

Bullock has long been a champion for equal rights for all Montanans. He was the first state official to express his support for this lawsuit, and earlier this year became the first Montana Governor to speak at a Montana Pride Celebration.

Senator Jon Tester released the following statement after today's decision, “I applaud today's ruling. It aligns our laws with our values and is a big step forward for our state. Denying same-sex couples the right to marry denies them happiness and equal protection under the law.”

Senator John Walsh also spoke on the ruling, “Throughout my 36 years of service in the military, as Lt. Governor, and now as U.S. Senator, I've been proud to fight for our freedoms. Today's overdue court ruling reflects our Montana values of individual freedom, fairness and equality. I believe every Montanan – our sons, daughters, friends and family – should live free of discrimination."

What are they saying?

The Supreme Court has declined to issue an emergency stay of same-sex marriages in South Carolina, according to WISTV.

In a 7-2 decision, the United States Supreme Court has decided to not issue an emergency stay in the ongoing political drama surrounding same-sex marriage

The ruling means marriage applications will be accepted at noon Thursday. U.S. District Court Judge Richard Gergel ruled the state's ban on gay marriage as unconstitutional last week. The Fourth Circuit Court of Appeals refused to issue stay on that ruling, prompting an appeal to the Supreme Court.

A judge issued the first gay marriage licenses in the state on Wednesday.

Originally Posted by S Landreth

Marriage Equality Just Got A First Class Ticket To The Supreme Court

Reading the tea leaves

“There is no good reason for prolonging the harms, and I believe it is very likely the Supreme Court will affirm the freedom to marry nationwide by June, 2015.”

The map below should be solid red by July 2015

In a 7-2 decision

FU Pam Bondi

Appeals Court Clears Way for Same-Sex Marriage in Florida

The 11th U.S. Court of Appeals has denied a request by the state of Florida to extend a stay that halted same-sex marriage in the state.

The ruling from three judges on the 11th Circuit Court of Appeals means barring any action from the entire court (en banc) or from the U.S. Supreme Court; same-sex marriage will be allowed starting on January 5, 2015 in the state of Florida.

Because the original ruling came from a federal court, it supercedes the rulings in state courts.

The case came to the 11th Circuit after U.S. District Judge Robert Hinkle ruled in August the Florida gay marriage ban was unconstitutional. He stayed his decision while the state appealed his ruling. However, the stay expires on January 5.

Florida Attorney General Pam Bondi had asked the appellate court to keep the state’s ban intact while other appeals were completed. Her office said it was reviewing the decision.

I guess if you're gay and you want to marry someone that you think you love - America would be the right place to live.

Some people on this planet hate America for various reasons. Allowing gays to thrive and live happily ever after might be one of those reasons.
"To each their own."

Caveat: I'm not a part or parcel to either side.

Same-sex marriages will commence in Florida on Jan. 6

The U.S. Supreme Court on Friday night refused to step into Florida's fight over same-sex marriage. Gay and lesbian couples in Florida will be able to marry starting Jan. 6, and the state no longer has any way to prevent it.

A federal judge overturned the state's same-sex marriage ban Aug. 21, but the ruling does not go into effect until the end of the day Jan. 5.

"It's a huge relief. We're ecstatic. This is an amazing day for Florida families," said Daniel Tilley, the American Civil Liberties Union lawyer who is representing gay couples in the federal case.

snip

Bondi, in a release Friday night, stated: "Regardless of the ruling it has always been our goal to have uniformity throughout Florida until the final resolution of the numerous challenges to the voter-approved constitutional amendment on marriage. Nonetheless, the Supreme Court has now spoken, and the stay will end on Jan. 5."

good. stop wasting our money

It’s the end of the year and some progress was made.

Where things stand

Gay marriage dynamic in U.S. shifted dramatically in 2014

For the first time, a majority of Americans are living in a state that allows gay marriage. After a year of cascading court opinions tossing out many remaining restrictions, the dynamic in 2014 changed from how many states allow same-sex marriage to how many states don't.

Now, at the end of the year, same-sex marriage is legally approved in 35 states (maybe Texas, Louisiana and Mississippi will be next) and the District of Columbia, and court reviews are pending in many others.

The federal government took action as well, with Atty. Gen. Eric H. Holder Jr. extending new federal recognition to same-sex marriages in many states and announcing that same-sex spouses cannot be compelled to testify against each other and should be eligible to file jointly for bankruptcy, among other federal guarantees.

"2014 is the year that it became unquestionable that all of America will have the freedom to marry," said Evan Wolfson, founder and president of the advocacy group Freedom to Marry. "The only question is whether 2015 will be the year that it gets done."

Snip

On June 25, a panel of the Denver-based U.S. 10th Circuit Court of Appeals was forceful in backing the right for all to marry, regardless of sexual preference.

"We hold that the 14th Amendment protects the fundamental right to marry, establish a family, raise children and enjoy the full protection of a state's marital laws," the majority wrote in its decision. "A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union."

Snip

In polls taken as recently as 1996, Americans said they opposed same-sex marriage by 68% to 27%. By 2011, a majority of Americans, 53%, said they supported same-sex marriage, according to the Gallup organization. That number had grown to 55% by May, and, perhaps more significantly for the future, 78% of those 18 to 29 years old said gay marriage should be legal.

Just a reminder to you old haters. You’re welcome to take two birthdays each year. Your time has come and gone.

Originally Posted by S Landreth

Federal judge orders all Florida's county clerks to issue same-sex marriage licenses January 6

an early start

Miami-Dade was the first South Florida county to start issuing marriage licenses Monday (the 5th), after a judge there authorized same-sex unions. Broward and Palm Beach counties began issuing licenses and performing weddings overnight Monday.

Ruling at 11 a.m. Monday morning, Miami-Dade Circuit Judge Sarah Zabel lifted the stay on her own ruling overturning Florida's same-sex marriage ban, effective immediately.

As a result, Miami-Dade began issuing marriage licenses to gay and lesbian couples early Monday, instead of waiting until 12:01 a.m. Tuesday, when a federal judge's overturn of the same-sex marriage ban goes into effect statewide.

As soon as Zabel made her ruling, gay and lesbian couples raced across the street to a county office building, and then up to the 15th floor. There, in room 1503, they turned in applications for marriage licenses.

Texas, Louisiana and Mississippi will make it 39 states that allow same sex marriage, leaving only 11 states that don’t. 39 might be here within a few weeks.

5th Circuit looks poised to strike down same-sex marriage bans

NEW ORLEANS — Ready or not, the Deep South may want to start preparing for marriage equality.

A three-judge panel of the conservative 5th Circuit Court of Appeals heard oral arguments Friday in three separate challenges to same-sex marriage bans in Southern states: Louisiana, Mississippi, and Texas. The three-hour hearing at times turned comical as two of the judges grew increasingly skeptical of the state attorneys’ arguments — which were based on everything from federalism, to a 42-year-old precedent, to a government interest in channeling procreation.

When the attorney representing Mississippi argued that the state’s marriage law encourages people to have families, Judge Patrick Higginbotham, an appointee of President Ronald Reagan responded, “You don’t need an incentive to have sex.”

Laughter broke out as Judge James Graves Jr., a President Obama appointee, concurred: “I wouldn’t disagree with that,” he said.

Higginbotham was widely viewed as the swing vote going into Friday’s hearing, with Graves expected to be firmly in the marriage equality camp, and Judge Jerry Smith, another Reagan appointee, to be solidly opposed. Smith largely fulfilled that role, repeatedly bringing arguments back to Baker v. Nelson, a 1972 case that determined laws limiting marriage to opposite-sex couples to be constitutional.

“The world was a very different place in 1972,” pushed back Roberta Kaplan, an attorney representing the Mississippi plaintiffs. Kaplan successfully argued against the Defense of Marriage Act (DOMA) — a law that prevented the federal government from recognizing same-sex marriages — in the 2013 landmark gay rights case United States. v. Windsor.

“When Baker was decided, gay people had to live in the closet,” she continued. “Times can blind our eyes.”

Regardless, argued Smith and state attorneys, Baker remains the most recent Supreme Court case addressing the issue of whether gay and lesbian couples have a constitutional right to wed.

“All this talk about Baker and the 1970s is making me nostalgic for my Afro and my eight-track,” Graves joked.

Higginbotham, however, was far less sympathetic to the states’ arguments than expected. At times, it was difficult to hear what the 77-year-old judge was saying because he so frequently leaned back in his chair away from the microphone and rubbed his face, as though watching some kind of entertaining show or, perhaps, getting tired of it. When he did speak up, it was usually to poke holes in the states’ arguments. For example, when Jonathan F. Mitchell, the attorney pleading the case for Texas, told the court that the state’s marriage law served to encourage new offspring and reduce unplanned pregnancies, Higginbotham asked if he was implying that extending marriage to same-sex couples would someone reduce the number of offspring or increase the incidence of out-of-wedlock births.

“We’re not arguing that,” Mitchell said.

“Of course you are!” said Higginbotham.

A judge ruled South Dakota's gay marriage ban unconstitutional on Monday.

U.S. District Court Judge Karen E. Schreier wrote that the plaintiffs in the case "have a fundamental right to marry."

"South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification," Schreier wrote.

The decision is stayed pending a possible appeal to the Eighth Circuit Court of Appeals.

'bout time

Supreme Court to consider same-sex marriage

The Supreme Court on Friday agreed to finally consider the fundamental question of whether same-sex couples have a constitutional right to marry.

The court announced that it will review a federal appeals court ruling that upheld the same-sex marriage bans in four states. The nine justices should hear the arguments in April and will likely to issue a ruling on the matter around June.

When the Supreme Court in 2013 issued two major rulings regarding same-sex marriage, it sidestepped the fundamental question about the right to marry -- but it also opened the door for dozens of state and federal courts to issue rulings in favor of same-sex marriage.

The Supreme Court is now compelled to address the basic question of the right to marry because there is a split in the lower courts.

snip

Attorney General Eric Holder said in a statement Friday that the Justice Department will file a "friend of the court" brief, urging the Supreme Court to endorse marriage equality.

"It is time for our nation to take another critical step forward to ensure the fundamental equality of all Americans--no matter who they are, where they come from, or whom they love," Holder said.

Isn't this just too sweet?

Micheal Sam Proposes to Boyfriend Atop Catholic Church Overlooking the Vatican City



SO GAY: Micheal Sam Proposes to Boyfriend Atop Catholic Church Overlooking the Vatican City | Doug Giles | #ClashDaily

IRELAND

The wording of the upcoming referendum on same-sex marriage has been published by the Government.

It proposes to add to the Constitution a declaration that "marriage may be contracted in accordance with law by two persons without distinction as to their sex".

Minister for Justice Frances Fitzgerald said the wording is clear and precise, and gives a right to every citizen who wishes to get married.

The minister said that she believes the referendum is a recognition of the increasing acceptance of people of different sexual orientation.

She said that an informed debate will lead to an opportunity to discuss issues further.

Minister Fitzgerald said the referendum would be about marriage equality, while the proposed Children and Family Relationships Bill was about ensuring children in different family types have equal protection before the law.

There was no need for the issues to become entangled, she said.

The proposal will be voted on in May at a date yet to be decided.

Leo Varadkar, Health Minister.

Irish Minister for Health Leo Varadkar has said there is plenty of time for people to debate the issue of same-sex marriage and come to their views on it.

Asked about the reaction to him saying publicly that he was gay last weekend, Mr Varadkar said everyone had been very nice and very supportive.

However, he said this week he was focusing back on the day job, and said there was a lot going on in health.

Wording of same-sex marriage referendum published - RTÉ News

37

Supreme Court Refuses To Stop Gay Marriages In Alabama

WASHINGTON -- The U.S. Supreme Court refused on Monday to halt same-sex marriages in Alabama, paving the way for the first gay couples to marry in the state that day. But a handful of probate judges in Alabama have reportedly refused to issue marriage licenses to same-sex couples -- or issue any marriage licenses at all -- because Alabama’s top judge instructed them to defy the federal court ruling.

Upon the request of Alabama Attorney General Luther Strange, a federal judge put a stay on the ruling that overturned the state's ban on gay marriage, but that stay expired on Monday. The Supreme Court had the opportunity to intervene by temporarily putting a hold on same-sex marriages, but declined to do so in a 7-2 decision on Monday. As a result, Alabama becomes the 37th state where gay marriage is allowed.

_____________

Thomas and Scalia also suggested in their dissent that the court’s refusal to stay the federal court ruling enforcing same-sex marriage rights in Alabama could be a signal that the justices will vote in the pending cases to make same-sex marriage available nationwide.

____________

Originally Posted by KEVIN2008

IRELAND

For the international reader: Freedom to Marry International

And some news from the US,…….

America's Newest Diplomat Will Defend LGBT People Around the World

LGBT people everywhere endure terrible discrimination. A new State Department envoy will try to fix that.

LGBT communities around the world will soon have a powerful advocate in the State Department whose sole job is to watch out for their interests. Later this month, the State Department will name a special envoy to focus on the rights of LGBT people globally, a department official tells Mother Jones. In an emailed statement, the official said that Secretary of State John Kerry and his staff are in the final stages of selecting an openly gay Foreign Service officer as the United States' first-ever diplomat to focus on LGBT issues. The position will not require Senate confirmation.

Snip

As secretary of state, Kerry has attempted to push back against anti-LGBT sentiment and law: He has spoken with some African heads of state about their countries' policies, and has supported legal and media networks that support LGBT communities in Africa and Eastern Europe. Now, the United States will have a full-time diplomat committed to doing that work. "It's been long in the making," the official wrote in an email, "because the Secretary insisted the envoy be a career Foreign Service officer from inside the institution, someone who is part of the fabric of the institution, a diplomat by training."

The haters are going to have a hard time swallowing this news,…….

Clarence Thomas: Supreme Court's Decision Suggests Justices' Minds Are Made Up On Gay Marriage

The U.S. Supreme Court's move on Monday to allow gay marriage to proceed in Alabama is the strongest signal yet that the justices are likely to rule in June that no state can restrict marriage to only heterosexual couples.

Of the nine justices, only two - conservatives Clarence Thomas and Antonin Scalia - dissented from the court's refusal to block gay weddings from starting in Alabama. Gay marriage is now legal in 37 states.

Thomas acknowledged in a dissenting opinion that the court's move to allow gay marriages to go ahead "may well be seen as a signal of the court's intended resolution" as it considers cases from four other states on whether same-sex marriage bans are permitted under the U.S. Constitution. Although only two justices publicly dissented, the court order did not reveal whether any other justices voted to grant the stay.

Oral arguments in the cases, which are expected to result in a definitive nationwide ruling on the matter, are due in April with a decision expected by the end of June.

I see this thread coming to an end soon when the Supreme Court sides with equal protection, but I have an idea for another related thread.

First Supreme Court briefs filed in same-sex marriage cases

Same-sex couples from four states filed briefs with the U.S. Supreme Court Friday arguing for state bans on marriage equality be struck down.

Briefs were filed by plaintiffs in marriage-equality cases out of Kentucky, Michigan, Ohio and Tennessee, meeting the deadline set by the Supreme Court.

In the Kentucky and Michigan cases, attorneys for the same-sex couples argued bans on same-sex marriage are unconstitutional. Attorneys in the Kentucky, Ohio and Tennessee cases also argued bans on recognizing legal same-sex marriages performed in other jurisdictions are unconstitutional.

The Supreme Court announced last month that they would consider cases from those four states and rule on whether the U.S. Constitution prohibits states from banning same-sex marriage.

In November, the 6th Circuit Court of Appeals upheld same-sex marriages bans in the four states, breaking with other federal appeals courts that have considered the issue and creating a split among the circuit courts.

The deadline for briefs from the states defending the marriage bans in March 27.

Read the briefs here, via Equality Case Files:

Michigan
Ohio
Tennessee
Kentucky

Nebraska - 38?

With the Supreme Court’s ruling on marriage equality still months away, another federal judge has overturned a state’s ban on same-sex marriage — this time, Nebraska.

District Judge Jospeh Battalion, a Clinton appointee, ruled that Nebraska’s ban violated the U.S. Constitution, staying his ruling for just one week. Marriage equality would thus take effect on March 9, provided the Eighth Circuit doesn’t institute a longer stay.