Supreme Court watchers wonder if justices are ready to take a same-sex marriage case
There is no shortage of cases teed up for the court to render the ultimate decision on whether it is up to states to decide the definition of marriage and recognition of unions performed elsewhere, or if marriage is a fundamental right that must be extended to gay as well as straight couples. How long will the court tolerate different on-the-ground realities dictated by the regional appeals courts? If the justices don’t accept the issue in January, the ultimate constitutional question would likely not be settled until 2016.
Judge: Texas gay marriage ban will remain in place for now
A San Antonio-based federal judge declined on Friday to allow gay marriages to take place in Texas while the state awaits a ruling from the 5th Circuit Court of Appeals. Garcia seemed to anticipate that the 5th Circuit would put the stay back in place in the Texas case if he lifted it. If lifted, he wrote, it would create a rush to courthouses of same-sex couples seeking to get married, only to see themselves in legal limbo should the stay be reimposed by the appeals court.
New same-sex marriage case on way to the Court
The leaders of the two branches of the North Carolina state legislature notified a federal court on Friday that they will ask the Supreme Court to rule promptly on the constitutionality of the state’s ban on same-sex marriage. In a filing at the U.S. Court of Appeals for the Fourth Circuit, the two legislative leaders — both Republicans — asked the Fourth Circuit to put on hold an appeal they have pending there, because an appeal to the Supreme Court will be made, urging the Justices to bypass the Fourth Circuit. Taking the same position as state officials have in other same-sex marriage cases, government officials in Ohio on Friday urged the Supreme Court to rule on the constitutionality of state laws against same-sex marriage.
Arkansas, Mississippi gay marriage bans overturned
Arkansas and Mississippi became the latest two states Tuesday to have their gay marriage bans overturned by federal judges, but there are no rushes to the altar as both orders are on hold so the states can consider appeals. Like several states, Arkansas and Mississippi had voter-approved constitutional amendments pass in 2004 that defined marriage between one man and one woman.
Arizona Couple Marry After 57 Years Together
When they met in their college dorm in Texas in 1957, Nelda Majors and Karen Bailey never dreamed of telling anyone they were gay — let alone getting married. After almost 57 years together, Majors and Bailey finally celebrated their marriage at the Orpheum Theater in downtown Phoenix on Sunday. Majors and Bailey, who have two daughters, spent most of their lives in Houston, but retired to Arizona.
Gay couples wed in Kansas, but not in all counties
Gay and lesbian couples have wed on the steps of a historic courthouse in Wichita. The wedding Monday for 14 couples happened as officials elsewhere in Kansas refused to issue marriage licenses to same-sex partners because the state Supreme Court has not yet signed off. The Kansas court deliberated in private for hours Monday.
Legal experts: Gay marriage victory likely in Miss.
Gay couples could start obtaining marriage licenses in Mississippi as early as this week if the predictions of at least six top legal scholars nationwide hold true. The scholars widely believe that U.S. District Judge Carlton Reeves will grant a preliminary injunction to Mississippi’s gay marriage ban as sought by the Campaign for Southern Equality in its case against the state. And that he will do so quickly.
First Gay Marriage Licenses Issued in South Carolina
A judge issued the first gay marriage licenses in South Carolina on Wednesday, even as the state attorney general asked the U.S. Supreme Court to step in and block the unions. Judge Irvin Condon’s office handed out six licenses in the first 90 minutes the Charleston County Probate Court office was open. South Carolina is the final state in the 4th Circuit affected by the binding precedent in AFER’s Bostic case.
Judge Sutton’s Loving Problem
“There are a lot of problems with Judge Sutton’s opinion, but one in particular makes clear why his decision can’t stand when the Supreme Court ultimately rules on marriage equality: If Jeff Sutton is right, Loving v. Virginia is wrong. It’s difficult to read Loving as anything other than a strong endorsement of a broad right to marriage equality in the Constitution. Sutton dismisses Loving in barely more than a page. He acknowledges that Loving held that “‘marriage’ amounts to a fundamental right,” but nonetheless concludes that “the right to marry in general . . . nowhere appear[s] in the Constitution.” Apparently to Sutton, the right to marry is fundamental, but not to be trusted.
Did two Justices vote to hear same-sex marriage cases?
Justice Clarence Thomas, joined by Justice Antonin Scalia, gave a strong hint on Wednesday afternoon that they probably had cast votes to grant review of same-sex marriage cases in recent weeks, but could not persuade enough of their colleagues to do so. In a separate opinion they issued in a case having nothing to do with the marriage controversy, Justice Thomas wrote that, “for reasons that escape me,” the Court had not agreed to review lower court decisions striking down state bans on same-sex marriage laws. He cited four denials of review that had occurred on October 6, and two refusals to postpone such lower-court rulings in other states.
Gay couples across Kansas headed Thursday to county offices where judges granted marriage licenses and waived waiting periods after a U.S. Supreme Court ruling cleared the way for same-sex unions over the objections of the state’s attorney general. Kansas Attorney General Derek Schmidt said Wednesday that a separate lawsuit he has filed with the state Supreme Court should prevent gay marriage in all but the two counties that were home to cases covered in the ruling from the nation’s capital.
Tie The Knot is happy to announce that we support The Paley Center and their initiative to create LGBT equality through media!
Tonight, November 12th, The Paley Center is hosting a Los Angeles Gala to celebrate the critical role television has played in the issue of LGBT equality over six decades, marking the launch of an expanded LGBT media collection, including key highlights such as 1972’s groundbreaking TV movieThat Certain Summer; landmark news and public affairs programs including Larry Kramer on Donahue in 1982 and the documentary How to Survive a Plague; and key episodes of All in the Family, Will & Grace, The Real World, Queer As Folk, Glee,Orange is the New Black and more, chronicling the history of LGBT images in the medium.
The fundraising event will recognize television’s impact on LGBT equality, and celebrate the trailblazing work by creative talents across media. Tie The Knot is proud to be a donor to this wonderful event (where are very own Jesse Tyler Ferguson will be presenting), and the great news is that you too can help this fantastic initiative! Click here to donate to The Paley Center!