Nevada's Domestic Partnership Act takes effect today

10/01/09 AP:

Under Nevada's Domestic Partnership Act, the Secretary of State today issued the first domestic partnership certificates. "Nevada joins 16 other states that have laws recognizing domestic arrangements outside of marriage."

Texas judge rules that state constitutonal and statutory bans on same-sex marriage violate equal protection under 14th Amendment

Modified 10/01/09 entry

I have removed identifying information about this case. I now realize that I did not exercise the care that disclosure in the case requires, even if the public record provides identifying information. Parties have requested that they not be identified for fear of reprisal from an employer and others in their community. I do not know whether the stated privacy interest trumps the public's interest, or whether disclosure of names advances a public interest. But because I can not reach a conclusion that inspires confidence, I would rather defer to the request of the parties.

10/01/09 Dallas Morning News:

In a first for Texas and a sweeping rejection of the state’s ban on gay marriage, a judge has cleared the way for two gay Dallas men to divorce ... Dallas state District Judge Tena Callahan ruled Thursday that the state's bans on same-sex marriage violates the constitutional guarantee to equal protection under the law ... Attorney General [Greg] Abbott said he would appeal the ruling "to defend the traditional definition of marriage that was approved by Texas voters."

The case is In the Matter of the Marriage of J.B. and H.B. (Tx. Dallas County 302nd Dist. Ct.). Here is an earlier Dallas Morning News article about the case.

News added 10/02/09

10/03/09 NY Times:

The case highlights a subtle way gay men and lesbians often face complications when it comes to marriage: gay couples who have managed to marry in the few states where it is legal have trouble divorcing and dividing their property if they move to a state where it is not. In the last two years, courts in Indiana, Oklahoma and Rhode Island, for instance, have denied divorces to same-sex couples who had been married in other jurisdictions. All three have laws against gay nuptials. Courts in a few other states, notably New York and New Jersey, have allowed divorces to go forward for gay men and lesbians married in other states, even though they do not allow same-sex marriages.

Illinois Senator introduces marriage equality bill

10/01/09 Bay Windows:

A marriage equality bill called the "Equal Marriage Act" was introduced into the Illinois Senate by State Senator Heather Steans Oct. 1. ... State Representative Greg Harris (the only openly gay House member until recently) introduced a similar bill [HB178] earlier this year called the "Same-sex Marriage and Religious Freedoms Act" -- the same bill that Harris has introduced at the beginning of every session since 2007.

10/01/09 Progress Illinois / Gay Marriage Watch:

Progress Illinois carries press statements by the two legislators and a Chicago citizen who seeks state recognition of her family.

Gay Marriage Bill to be Introduced in Washington, D.C. on October 6th; Token Recognition of Religious Liberty?

09/30/09 Washington Business Journal / Gay Marriage Watch:

Councilmember David Catania told a group of gay and lesbian activists on Sept. 30 that he intends to introduce his long-awaited same-sex marriage bill to the D.C. Council on Tuesday, Oct. 6.

Congress has authority to override the "Religious Freedom and Civil Marriage Equality Amendment Act of 2009," even though it failed to act this summer when the District adopted a law recognizing out-of-state marriages.

10/01/09 press release by D.C. Councilmember David Catania:

This legislation will not infringe on the religious freedoms enjoyed by District residents, churches, and clergy. The bill amends the District’s statutory eligibility requirements for civil marriage only, and specifically provides that no church or member of the clergy shall be required to perform or recognize a marriage that runs counter to their religious beliefs or teachings.

A recent initiative to repeal Prop. 8 extends the same token recognition of religious-liberty protection under the First Amendment. It's questionable whether legalization of same-sex marriage raises any question about protecting religious liberty that does not already arise from laws against sexual-orientation discrimination. But does political expediency at least call for a narrowly drawn form of exemption - tied (problematically) to the marriage ceremony - that goes beyond reiterating the First Amendment?

Law Professor Nan Hunter interviews Kate Kendell on Prop. 8 litigation

09/25/09 hunter of justice:

Law professor Nan Hunter interviewed Kate Kendell, the executive director of the National Center for Lesbian Rights (NCLR), while Kendell was in New York. I have transcribed part of this interview on the Perry case. Kendell speaks to an issue first raised in the amicus brief that NCLR, the ACLU, and Lambda Legal jointly filed in June. That issue concerns the appropriate scope of the challenge to Prop. 8. See the comments that I have highlighted.

Nan Hunter: "What's going on with the Perry case ... What do you think we can expect to see? Many are interested in the 'back story.'"

Kate Kendell: "We did not know the case was coming. We found out ... a couple of days before it got filed .... we got an e-mail from Chad Griff and Bruce Cohen, both people I know who are involved in the foundation funding the litigation. We had the same reaction a lot of people did ... this is a high stakes kind of play that is a huge reward if you are successful at the U.S. Supreme Court ... a huge risk if you loose ... Ted Olson [with whom she talked directly about the Perry case days after its filing] really convinced me that he is completely committed. He said that he thinks it will be the most important fight of his legal career, and I believe he believes that, and he means it. Does that translate into success? Well, that's out of his control, but I do think they are committed, that they will litigate it as well you possibly could. But I have the concerns that anyone would have with the stakes so high ... They have a very short time frame .. they have to present a very convincing case as they go up on appeal ... and they have to present the kind of case that gets Justice Kennedy, who's that fifth vote - I think that they will get the other four votes, but they have to get Kennedy. If it's just a narrow challenge to Prop. 8 - and the fact that Prop. 8 is unconstitutional - I think there's quite a good chance that that lawsuit would be successful. If it's an overall challenge to every law that prohibits same-sex couples from getting married, 29 states have constitutional amendments ... I think that is a really heavy lift for [the Supreme] Court, given Kennedy's leaning as a state's rights jurist ... There is nothing I would hope for more than for the lawsuit to be successful, because it would certainly transform things very quickly for LGBT people in this country.

Can Same-Sex Couples Get a Divorce in Tennessee?

09/29/09 The Tennessee Divorce and Custody Blog:

Considering the divorce case in Indiana, attorney Lawrence A. Ballew offers this comment about same-sex marriages and divorce law in Tennessee:

It may seem unfair, but since Tennessee cannot recognize a same-sex marriage, the courts cannot award a judgment of divorce to these couples. This is exactly the same situation as in Indiana.

Gay marriages easy in British Columbia, but divorces aren’t

09/25/09 Vancouver Sun / Gay Marriage Watch:

It’s easy to get married in [British Columbia], but there’s no such thing as a quickie divorce, as a growing number of foreign same-sex couples who came here to be married — but now want a divorce — are finding out.

I posted earlier today on the latest example of this problem.