Recent news and commentary

Perry v. Schwarzenneger

Matt Coles is Director of the ACLU's LGBT Project. In this second of his two-part series, he explains why Justice Anthony Kennedy doesn't represent a predictable vote against a national or limited form of marriage equality.

Constitutional amendments - Pennsylvania

John Eichelberger is a Pennsylvania state Senator whose district includes Blair County, about 100 miles east of Pittsburgh. In February, he introduced a resolution (SB 707) to amend the state constitution so that it limits marriage to opposite-sex couples. The Senate Judiciary Committee has tabled his resolution. (press release, ACLU of Pennsylvania /PenLive.com / Philly.com / The [Penn State] Daily Collegian / Lebanon Daily News / Philadelphia Gay News) "Make no mistake, they voted to kill the bill, whatever other excuse they may give," said Eichelberger. (Philly.com) Senator Daylin Leach, who serves a district near Philadelphia, proposed the motion to table the resolution. (Lebanon Daily News) "I believe," he said, "that Senate Bill 707 is the antithesis of what Pennsylvanians need and want, and I am happy that the majority of my colleagues agree with me."Last year, he became the first state legislator to introduce marriage-equality legislation (SB 935).

The two Senators have debated each other on the merits of their legislation. (Prop. 8 and the Right to Marry), and Senator Leach honored this site with a guest contribution. I remain hopeful that Senator Eichelberger will find time comment here on his proposed "marriage protection" amendment.

Divorce - Oklahoma

The Oklahoma Court of Civil Appeals has upheld a dismissal of a divorce lawsuit by Cait O’Darling. C. O'Darling v. S. O'Darling, No. 106732, slip. op. (Okl. Ct. Civ. App. Div. I, Mar. 11, 2010) She had appealed a trial court's decision that she failed to present proof of her Canadian marriage to another woman. The lower court also ruled that even if she could document a valid marriage, the court had no authority to grant her divorce petition. Okl. Const., Art.2, §35(B) bars recognition of same-sex marriages in other states, and the court rejected petitioner's argument that it does not apply in her case. The appellate court did not reach the question of whether a trial court may deny a divorce petition when the petitioner has demonstrated a valid marriage. (press release, Alliance Defense Fund / FindLaw Courtside / Tulsa World)

Divorce - Texas

"The Texas Office of the Attorney General, represented by Texas Solicitor General James Ho, filed a reply brief March 12 in a Dallas same-sex divorce case, In the Matter of the Marriage of J.B. and H.B." (Texas Lawyer Blog)

Divorce - Maryland and D.C.

Two family law practitioners - Amy Strent and Jennifer Fairfax - discuss the right to divorce for same-sex spouses in Maryland and D.C.. (WJLA.com, cross-posted by Alliance Defense Fund Alert)