Thursday, March 11, 2010

Recent news and commentary

Perry v. Schwarzenneger

Adam Liptak of the NY Times interviewed attorneys David Boies and Theodore Olson, who represent the Perry plaintiffs. (Pam's House Blend / Gay City News / LGBT POV ) Journalist Karen Ocamb lexamines the scope of a discovery order with respect to "core groups" that campaigned against Prop. 8. (LGBT POV)

Matt Coles, director of the ACLU's LGBT Project, offers the first part in series at Huffington Post, "The San Francisco Marriage Case: Possible Outcomes." Law professor David Levine has recently expressed his opinion on how Judge Walker could rule.

Out-of-state recognition

Maryland's House Judiciary Committee recently defeated legislation (HB 90) to preempt the expected opinion of the state Attorney General validating out-of-state marriages by same-sex couples. (The Maryland Reporter) Nevertheless, state Sen. Nancy Jacobs (R-Harford) has just introduced legislation (SB 1120) to stay the opinion pending review by the Maryland Court of Appeals or legislative action. (, cross-posted by Gay Marriage Watch) Jacobs is also co-sponsor of HB 90's companion in the state Senate (SB 852), and of a bill (SB 1097) for a super-DOMA amendment banning any legal recognition of same-sex couples.

Constitutional amendments - New Hampshire
has led a campaign to reverse marriage equality in New Hampshire (Pam's House Blend), despite what supporters would consider a recent legislative setback. (The Union Leader) Its members have placed, or have tried to place, articles on New Hampshire town warrants for voters to approve this petition: "The citizens of New Hampshire should be allowed to vote on an amendment to the New Hampshire Constitution that defines ‘marriage.'" As Pam Spaulding explains, "warrant articles are sort of like town-level bills, and they may be submitted for consideration by the town meeting by simply gathering 25 or so signatures in support." (See also N.H. Rev. Stat. Ann. 669:2.) Many New Hampshire are holding their annual warrant elections this week. So far, 42 towns have approved the petition language, while 133 towns are expected to consider the issue. (The Union Leader, cross-posted by Gay Marriage Watch and Pam's House Blend)


"James J. “Jody” Scheske, who represents J.B., a Dallas-area gay man seeking to divorce his spouse, says the 5th Court of Appeals notified him it will hear oral argument April 21 in In the Matter of the Marriage of J.B. and H.B." (Texas Lawyer Blog)


Yesterday, Rep. Pete Stark, D-Calif., re-introduced the “Every Child Deserves a Family Act,” H.R. 4806 (previous bill, H.R. 3827). According to HRC Back Story, the legislation would use federal funding to encourage states to place foster and adoptive children with qualified LGBT parents, and to place LGBTQ youths in caring, supportive, foster or adoptive homes. "It comes at a time when the 30+ year ban on “gay adoption” in Florida is being seriously challenged and may be overturned in the Florida Supreme Court (see my post, for example), and when the leading experts in child welfare policy routinely advocate for inclusion of LGBT foster/adoptive families and adherence to 'best practices' when working with LGBTQ youth." (HRC Back Story)

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