04/02/09 ADF Alliance Alert:
KCCI 8 reports: “The court said Thursday morning that the written ruling would be issued at 8:30 a.m. on Friday[, April 3rd,] on the Iowa Supreme Court’s Web site. The court has been reviewing a lower court’s ruling that overturned the state’s ban on same-sex marriages.”
Thursday, April 2, 2009
Sweden approves gay marriage
04/02/09 Australian Gay and Lesbian Law Blog:
"Sweden legislators have voted overwhelmingly to approve same sex marriage, the fifth European country to do so."
"Sweden legislators have voted overwhelmingly to approve same sex marriage, the fifth European country to do so."
New York's Highest Court to Rule on Recognition of Same-Sex Marriages Contracted Outside the State
04/01/09 Leonard Link:
New York Law School Professor Arthur Leonard writes:
"The New York Court of Appeals will finally weigh in on the question of legal recognition by New York of same-sex marriages contracted elsewhere. On March 31, 2009, the court granted leave to appeal in decisions from the Appellate Division, 2nd and 3rd Departments, that had rejected challenges backed by the Alliance Defense Fund to the actions of government officials recognizing such marriages. The cases will be argued in the fall."
See also this post on the role of ADF in the New York litigation, and this ADF press release.
New York Law School Professor Arthur Leonard writes:
"The New York Court of Appeals will finally weigh in on the question of legal recognition by New York of same-sex marriages contracted elsewhere. On March 31, 2009, the court granted leave to appeal in decisions from the Appellate Division, 2nd and 3rd Departments, that had rejected challenges backed by the Alliance Defense Fund to the actions of government officials recognizing such marriages. The cases will be argued in the fall."
See also this post on the role of ADF in the New York litigation, and this ADF press release.
Pending legislation in Washington would confer upon domestic partnerships all rights and duties of marriage
03/31/09 Yakima-Herald Republic
Washington is among nine states that have laws on civil unions and domestic partnerships. It may soon join five states whose laws also extend to civil unions the same rights and duties of marriage.
SB 5688 expands the rights and responsibilities of Washington state-registered domestic partnerships. According to the bill digest, it "declares that for all purposes under state law, state registered domestic partners shall be treated the same as married spouses." The state Senate has already passed the legislation. The House Committee on Ways and Means will hold a public hearing on the bill on April 6th. (A companion bill, HR 1727, appears to be on hold before the House Rules Committee.)
The Yakima-Herald Republic reports that the "sponsor of Senate Bill 5688, Sen. Ed Murray, D-Seattle, has not disguised the fact he sees it as a step toward legalized gay marriage in Washington state." Not surprisingly, his candidness has inflamed opposition from religious organizations. "Groups opposed to gay marriage, such as the Washington Values Alliance and the Bellevue-based Faith and Freedom Alliance, promise to file a referendum putting the matter before the state's voters."
Several legislators were interviewed, including two Republicans who have crossed party lines to support the legislation. Both have friends or sons who are gay. "Society itself has to wake up," Ken Lewis, president of the Yakima gay social group First Fridays. "But some of it [incremental acceptance of same-sex marriage] is going to come from person-to-person contact. In other words, it's harder to discriminate against someone you know."
The prospect of changing public opinion concerns the Washington Values Alliance, which believes that SB 5688 would give same-sex couples opportunity to raise an equal-protection challenge to the state's Defense of Marriage Act, just as happened in California. Among its other reasons to oppose the legislation, Alliance President Larry Stickney said that "[i]f same-sex marriage becomes the law in Washington, every public school will be forced to teach that same-sex 'marriage' and homosexuality are perfectly normal." Opponents of same-sex marriage share a fear of classroom instruction contrary to the religious values of parents. Nicole Theis, executive director of the Delaware Family Policy Council, recently expressed this fear in testimony for SB 27, Delaware's defeated constitutional amendment to ban same-sex marriages. And so have proponents of Prop. 8.
Washington is among nine states that have laws on civil unions and domestic partnerships. It may soon join five states whose laws also extend to civil unions the same rights and duties of marriage.
SB 5688 expands the rights and responsibilities of Washington state-registered domestic partnerships. According to the bill digest, it "declares that for all purposes under state law, state registered domestic partners shall be treated the same as married spouses." The state Senate has already passed the legislation. The House Committee on Ways and Means will hold a public hearing on the bill on April 6th. (A companion bill, HR 1727, appears to be on hold before the House Rules Committee.)
The Yakima-Herald Republic reports that the "sponsor of Senate Bill 5688, Sen. Ed Murray, D-Seattle, has not disguised the fact he sees it as a step toward legalized gay marriage in Washington state." Not surprisingly, his candidness has inflamed opposition from religious organizations. "Groups opposed to gay marriage, such as the Washington Values Alliance and the Bellevue-based Faith and Freedom Alliance, promise to file a referendum putting the matter before the state's voters."
Several legislators were interviewed, including two Republicans who have crossed party lines to support the legislation. Both have friends or sons who are gay. "Society itself has to wake up," Ken Lewis, president of the Yakima gay social group First Fridays. "But some of it [incremental acceptance of same-sex marriage] is going to come from person-to-person contact. In other words, it's harder to discriminate against someone you know."
The prospect of changing public opinion concerns the Washington Values Alliance, which believes that SB 5688 would give same-sex couples opportunity to raise an equal-protection challenge to the state's Defense of Marriage Act, just as happened in California. Among its other reasons to oppose the legislation, Alliance President Larry Stickney said that "[i]f same-sex marriage becomes the law in Washington, every public school will be forced to teach that same-sex 'marriage' and homosexuality are perfectly normal." Opponents of same-sex marriage share a fear of classroom instruction contrary to the religious values of parents. Nicole Theis, executive director of the Delaware Family Policy Council, recently expressed this fear in testimony for SB 27, Delaware's defeated constitutional amendment to ban same-sex marriages. And so have proponents of Prop. 8.
Wednesday, April 1, 2009
Predicting the Continued Validity of Last Summer's Marriages
o3/30/09 Waldlaw Blog:
Deborah Wald is Founder of the Wald Law Group, a "multi-disciplinary family law firm [in San Francisco] addressing the broad legal needs of all contemporary families." She is also Chair of the National Family Law Advisory Council of the National Center for Lesbian Rights, and Co-Chair of the Board of Directors of Our Family Coalition. In this post, she says that she "feels quite safe in guessing that the justices are not planning on invalidating anyone's marriage that was entered into in reliance on In re Marriage Cases [43 Cal.4th 757 (2008)]."
Deborah Wald is Founder of the Wald Law Group, a "multi-disciplinary family law firm [in San Francisco] addressing the broad legal needs of all contemporary families." She is also Chair of the National Family Law Advisory Council of the National Center for Lesbian Rights, and Co-Chair of the Board of Directors of Our Family Coalition. In this post, she says that she "feels quite safe in guessing that the justices are not planning on invalidating anyone's marriage that was entered into in reliance on In re Marriage Cases [43 Cal.4th 757 (2008)]."
Tuesday, March 31, 2009
Vermont House Judiciary Committee passes marriage equality legislation
03/31/09 Vermont Freedom to Marry:
"The House Judiciary Committee voted S.115 out of committee today with a 8-2 vote[.] The committee made minor amendments to strengthen protections for religious freedom, and to make it clear that the laws only regulate civil marriage." The linked version of the bill is not the most current version, which has not yet been posted at the state legislature's website.
Debate on the House floor is expected on April 2nd. Governor Jim Douglas has said that he will veto the bill, but he also believes that the legislature will override his veto.
"The House Judiciary Committee voted S.115 out of committee today with a 8-2 vote[.] The committee made minor amendments to strengthen protections for religious freedom, and to make it clear that the laws only regulate civil marriage." The linked version of the bill is not the most current version, which has not yet been posted at the state legislature's website.
Debate on the House floor is expected on April 2nd. Governor Jim Douglas has said that he will veto the bill, but he also believes that the legislature will override his veto.
Monday, March 30, 2009
West Virginia House rejects anti-gay marriage measure
03/30/09 AP (posted to Charleston Daily Mail):
"CHARLESTON, W.Va. -- West Virginia's House of Delegates voted along party lines Monday to end this session's chances for a proposed constitutional amendment on marriage. [link added]
"The Family Policy Council of West Virginia has pushed for this session's resolution, citing a poll it says shows clear support for an amendment. It recently bombarded the revision committee's chairwoman and the head of the House Judiciary Committee with sometimes abusive phone calls demanding action, and targeted Gov. Joe Manchin with a postcard campaign."
Source: ADF Alliance Alert
IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. PROP8LEGALCOMMENTARY HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS PROP8LEGALCOMMENTARY ENDORSED OR SPONSORED BY THE ORIGINATOR.
"CHARLESTON, W.Va. -- West Virginia's House of Delegates voted along party lines Monday to end this session's chances for a proposed constitutional amendment on marriage. [link added]
"The Family Policy Council of West Virginia has pushed for this session's resolution, citing a poll it says shows clear support for an amendment. It recently bombarded the revision committee's chairwoman and the head of the House Judiciary Committee with sometimes abusive phone calls demanding action, and targeted Gov. Joe Manchin with a postcard campaign."
Source: ADF Alliance Alert
IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. PROP8LEGALCOMMENTARY HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS PROP8LEGALCOMMENTARY ENDORSED OR SPONSORED BY THE ORIGINATOR.
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