A federal judge ruled today that Michigan’s ban on marriage for same-sex couples is unconstitutional, the latest in a string of state marriage equality victories.
The Associated Press reports:
U.S. District Judge Bernard Friedman announced his ruling after a rare two-week trial that mostly focused on the impact of same-sex parenting on children.
There was no indication that the judge was suspending his decision. Attorney General Bill Schuette said he was immediately filing a request with a federal appeals court to suspend Friedman's decision and prevent same-sex couples from immediately marrying. The decision was released shortly after 5 p.m., when most county clerk offices in Michigan were closed.
In another win for the marriage equality movement, today U.S. District Judge Orlando Garcia struck down Texas’ ban on marriage for same-sex couples. The judge wrote that "Texas' current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason.”
The Washington Post reports:
U.S. District Judge Orlando Garcia did not say gay marriages could be performed immediately. Instead, he stayed the decision, citing a likely appeal.
"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote in his decision. "These Texas laws deny Plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."
Similar bans have been struck down in states across the country – most recently in Virginia less than two weeks ago. Today’s victory in a state with a whopping 26 million residents brings us one important step closer to nationwide marriage equality.
On Thursday evening a federal judge ruled that Virginia’s ban on marriage for same-sex couples is unconstitutional. U.S. District Judge Arenda L. Wright Allen stayed the decision pending appeal, meaning that while the ban has been struck down, the ruling will not immediately take effect.
Close on the heels of a federal judge’s decision earlier this week directing Kentucky to recognize same-sex marriages from other states, Judge Wright Allen’s decision makes Virginia the first state in the South where a statewide ban has been entirely struck down.
In the South and across the country, it’s clear that Americans increasingly believe it is wrong to block committed couples from the protections and responsibilities that only marriage can provide. As Judge Wright Allen wrote in her decision:
Our nation's uneven but dogged journey toward truer and more meaningful freedoms for our citizens has brought us continually to a deeper understanding of the first three words in our Constitution: we the people. "We the People" have become a broader, more diverse family than once imagined.
Today a federal judge found Oklahoma’s ban on marriages for same-sex couples to be unconstitutional. While this is great news, same-sex couples are not yet able to marry in the state because the decision is stayed – in other words, on hold – pending appeal.
As victories for marriage equality continue to stack up across the country, it is increasingly clear that the march toward full equality nationwide cannot be halted. Congratulations, Oklahoma!
It has been a roller-coaster few weeks for marriage equality in Utah, where a legal battle over the state’s ban on marriage for same-sex couples continues and more than a thousand marriages are caught in limbo.
On Friday People For the American Way Foundation Major Gifts Associate Tyler Hatch reacted to the struggle in Utah, and his op-ed was featured by CNN.
Regardless of the ultimate outcome of Kitchen v. Loving (Utah’s marriage equality case currently under review by the 10th Circuit) the issue of marriage equality is once again before the Mormon or LDS church.
I was raised LDS and went to church nearly every Sunday until I was 18. I participated in weekly youth meetings, attended Boy Scout outings, and was a leader within my church. By all accounts I appeared to be the model youth, however inside I was dejected. Severe depression, suicidal thoughts, and extreme self-loathing plagued my adolescent and teen years due to an overwhelming sense of guilt regarding my sexuality.
….Whether it is in the halls of elementary schools, the wedding chapel, or feeling secure and safe in the workplace there is much work to be done. LGBT equality is an issue that will surely grip our generation for years to come. As society becomes more accepting of LGBT individuals I remain optimistic that progress will be made, at least within civil society.
….There are no easy answers for the countless number of LGBT individuals with conservative religious backgrounds and the struggle to find an identity within that intersection is a fight that will continue throughout our lives.
Adding to this week’s great news on marriage equality, today U.S. District Court Judge Robert J. Shelby struck down Utah’s same-sex marriage ban, which was put into the state constitution by referendum in 2004.
One of the far right’s standard attacks on the increasing number of judicial opinions striking down discriminatory marriage laws is that judges are “redefining marriage” and “usurping the legislature.” No doubt they will do so again in this case. Fortunately, Judge Shelby opens his opinion with a brief but important explanation of how the American constitutional system works:
The issue the court must address in this case is therefore not who should define marriage, but the narrow question of whether Utah’s current definition of marriage is permissible under the Constitution.…
[T]he legal issues presented in this lawsuit do not depend on whether Utah’s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself…
In his opinion, Judge Shelby also takes apart the harmful, bogus argument that preventing same-sex couples from marrying somehow “elevate[s] the status of opposite-sex marriage”:
Rather than protecting or supporting the families of opposite-sex couples, Amendment 3 perpetuates inequality by holding that the families and relationships of same-sex couples are not now, nor ever will be, worthy of recognition. Amendment 3 does not thereby elevate the status of opposite-sex marriage; it merely demeans the dignity of same-sex couples. And while the State cites an interest in protecting traditional marriage, it protects that interest by denying one of the most traditional aspects of marriage to thousands of its citizens: the right to form a family that is strengthened by a partnership based on love, intimacy, and shared responsibilities. The Plaintiffs’ desire to publicly declare their vows of commitment and support to each other is a testament to the strength of marriage in society, not a sign that, by opening its doors to all individuals, it is in danger of collapse. (Emphasis added.)
It has been quite a year for marriage equality. Today the New Mexico Supreme Court ruled unanimously that the state is required by its constitution to allow same-sex couples to marry. This means that New Mexico joins the impressive list of states that legalized marriage for same-sex couples in 2013 alone, including Delaware, Hawaii, Illinois, Minnesota, New Jersey, and Rhode Island, and becomes the 17th state in the country to legalize marriage equality.
As the march toward full equality nationwide continues with today’s victory in New Mexico, the momentum is undeniable. PFAW will continue to advocate for marriage equality until every couple can access the protections necessary to take care of each other for a lifetime.
It’s been an exciting few days for supporters of LGBT equality. Following last night’s Senate cloture vote on the Employment Non-Discrimination Act, today the Illinois House passed a bill allowing same-sex couples to marry, setting the stage for Illinois to become the 15th state in the nation with full marriage equality. One version of the bill has already been passed by the Illinois Senate, and Governor Pat Quinn has promised to sign it. When he does, thirty percent of our nation’s states will have marriage equality.
PFAW has been on the ground in Illinois, supporting the push for marriage equality in any way we can. In addition to providing lobbying training materials so Illinois voters could bring their support for equality directly to their elected officials through calls, emails, and in-person visits, PFAW members joined thousands of friends in the March on Springfield for Marriage Equality last month.
In what the CEO of Equality Illinois has called the “national march toward full recognition of the dignity of all gay and lesbian couples,” Illinois has brought us one state closer to full marriage equality nationwide. And while 15 states represents real momentum, we won’t stop until every committed couple in the country has access to the legal protections they need to take care of each other and their families.
On a cold, wet Tuesday this week, People For members joined an estimated 2,000 marriage equality supporters at the Illinois State Capitol in Springfield for the March on Springfield for Marriage Equality. For two full hours prior to marching around the capitol complex, activists rallied for same-sex marriage, with major news cameras rolling. Scores of activists, entertainers, politicians, and faith leaders called on the Illinois House of Representatives to pass SB 10, a bill legalizing marriage for same-sex couples which was passed by the Illinois State Senate early in 2013.
Highlights from the rally included out gay country singer Steve Grand performing his hit “All American Boy,” the Chicago Gay Men’s Chorus and Windy City Gay Choirs, and independent artist Sonia; along with a lineup of other performers and speakers demanding that House Speaker Michael Madigan hold a vote on SB 10. In the middle of the event, Illinois Governor Pat Quinn made an appearance. With a pen in hand, Quinn said he was ready to sign the bill into law as soon as the House passes it, evoking a roar from the 2,000 attendees. U.S. Senator Dick Durbin, Illinois Attorney General Lisa Madigan (daughter of the Speaker), State Comptroller Judy Barr-Topinka, and Secretary of State Jesse White all voiced their endorsements of SB 10.
But the biggest reaction of the day came from keynote speaker Bishop Carlton D. Pearson of the Churches of God In Christ, who called on the Illinois Legislature to “pass the damn bill” and foster a society of fairness, social justice, and inclusion in Illinois. In the style of a sermon, Pearson delivered a powerful address, apologizing to the LGBT community on behalf of the evangelical Christian community for the lack of compassion previously given to them by some Christian leaders.
Following Pearson’s rousing speech, marchers funneled to the sidewalks surrounding the Capitol Building, at one point nearly completely encircling the complex with their numbers. Check out this gallery of photos from the rally, and the recorded livestream of the event.
In the wake of last week’s Supreme Court rulings on critical civil rights issues, a new poll finds increasing support for marriage equality and falling support for the high court itself.
A national Princeton Survey Research Associates poll found that 55 percent of Americans think that marriages of same-sex couples should be legally recognized – the highest level of support ever. A similar percentage (53 percent) believe that affirmative action programs are needed, and more Americans oppose the Supreme Court’s decision to strike down a key part of the Voting Rights Act (49 percent) than support it (40 percent). In other words, the American people are not on board with the Supreme Court turning back the clock on our civil rights.
So it is not surprising that Supreme Court approval ratings are falling. The Princeton poll found the lowest level of approval (43 percent) in eight years, with slightly more Americans disapproving of the way the court is doing its job (44 percent). Similarly, a Rasmussen poll released yesterday found that the percentage of likely voters who think the Supreme Court is doing a poor job is rising.
What is more surprising is that both polls show that a greater percentage of Americans still believe that the high court is “too liberal” than believe it is “too conservative.” As PFAW President Michael Keegan pointed out in May, this is no accident:
“In recent decades, right-wing leaders have worked in popular culture to attack the courts as a liberal peril while successfully organizing to dominate and control legal institutions to create courts that no longer look out for the rights of all Americans. They have set up law schools and legal societies to promote corporate and right-wing commitments, have promoted the appointment of reactionary judges and Justices, blocked the appointment of even moderate jurists, and defined a legal agenda that subordinates individual rights to government power and public regulation to corporate power. Right-wing success in remaking the judiciary in the image of the Republican Party has not led conservatives to curb their bitter attack on ‘liberal judicial activism,’ a fantasy that is several decades out of date but indispensable to this smoke-and-mirrors operation.”
While conservatives continue to crow about “liberal judicial activism,” the American people are realizing that the Supreme Court’s conservative rulings on issues like voting rights and the rights of workers and consumers do not reflect their beliefs or the nation’s core constitutional values.