Yesterday's marriage equality ruling from a federal district court in Florida, like so many before it, strikes down laws preventing same-sex couples from marrying. And like all the ones before it, this ruling isn't a theoretical treatise on the law, but a legal opinion affecting real people.
All of the people suing to vindicate the rights guaranteed by the United States Constitution have a story to tell. All of them are important. The judge briefly describes them, such as this lesbian couple:
Arlene Goldberg married Carol Goldwasser in New York in 2011. Ms. Goldwasser died in March 2014. The couple had been together for 47 years. Ms. Goldwasser was the toll-facilities director for Lee County, Florida, for 17 years. Ms. Goldberg is retired but works part time at a major retailer. The couple had been living with and taking care of Ms. Goldwasser's elderly parents, but now Ms. Goldberg cares for them alone. Social-security benefits are Ms. Goldberg's primary income. Florida's refusal to recognize the marriage has precluded Ms. Goldberg from obtaining social-security survivor benefits. Ms. Goldberg says that for that reason only, she will have to sell her house, and Ms. Goldwasser's parents are looking for another place to live.
Think about it: If the grieving Arlene Goldberg loses her house just because she couldn't get married, that is what victory for the Religious Right looks like.
Recall that the Religious Right has not only spent the past thirty or forty years fighting to prevent gays and lesbians from marrying. They have also fought tooth and nail against every advance in civil rights that has come during that time, affecting employment discrimination, child custody, healthcare decisionmaking ... you name it. Victory for them has meant forcibly separating parents from their children, firing gay teachers, making grieving mourners lose their homes, and much, much more.
Fortunately, most Americans don't side with the Religious Right. More and more Americans are recognizing that whatever negative assumptions they may have once had about lesbians and gays were simply not true. And they're realizing that discriminatory policies cause real harm to real people and should be changed. Most Americans don't like the idea of gratuitously hurting completely innocent people.
As for the Religious Right, hurting innocent people isn't just an infrequent or accidental byproduct of the movement's policies. They have been dedicated for decades to denying LGBT people as many legal rights as possible. The harms caused by the absence of those rights is what victory looks like for them.
Finally, some good news: today a federal judge in Florida struck down the state’s ban on marriage for same-sex couples.
U.S. District Judge Robert L. Hinkle, nominated by President Clinton in the 1990s, ruled the 2008 ban unconstitutional on equal protection and due process grounds and predicted that future generations will look back with shock at the views of those who supported the ban:
'When observers look back 50 years from now, the arguments supporting Florida’s ban on same-sex marriage, though just as sincerely held, will again seem an obvious pretext for discrimination,' Hinkle wrote. 'Observers who are not now of age will wonder just how those views could have been held.'
While the decision has been stayed — meaning that couples cannot immediately begin getting married — it is a significant step forward for equality. Congratulations, Florida!
Today the 4th Circuit Court of Appeals struck down Virginia’s ban on marriage for same-sex couples.
This is a historic step forward for equality in the South. Beyond Virginia, the ruling will also affect the other states covered by the 4th Circuit, including North Carolina, South Carolina, and West Virginia, which have similar bans in place. In West Virginia, the district judge considering the challenge to the state’s ban said last month that he would not proceed until the federal appeals court had ruled.
In the majority opinion, the judges noted that bigotry and fear cannot be the basis for the denial of equal rights under the law:
We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws.
…The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual's life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.
For those who claim that marriage bans are legitimate because they were adopted by popular vote, the court quoted a Supreme Court case from 1964:
A citizen’s constitutional rights can hardly be infringed simply because a majority of the people choose that it be.
That one sentence perfectly encapsulates why courts matter.
If you’re having trouble keeping track of the rapidly falling state marriage bans, you’re likely not the only one. In the latest of a dizzying streak of pro-equality decisions, a judge in Colorado struck down the state’s same-sex marriage ban yesterday.
District Court Judge C. Scott Crabtree stayed the ruling, which means that same-sex couples in Colorado cannot yet begin to marry.
In his decision, Judge Crabtree plainly noted that the ban “bears no rational relationship to any conceivable government interest.” He also underscored the discrimination faced by same-sex couples in the absence of marriage equality:
‘The Court holds that the Marriage Bans violate plaintiffs' due process and equal protection guarantees under the Fourteenth Amendments to the U.S. Constitution,’ Crabtree said in his ruling.
‘The existence of civil unions is further evidence of discrimination against same-sex couples and does not ameliorate the discriminatory effect of the Marriage Bans.’
Continuing the unbroken record of marriage equality wins since last year’s Supreme Court ruling against DOMA in the Windsor case, today a federal judge ruled unconstitutional Kentucky’s ban on marriage for same-sex couples.
District Judge John G. Heyburn II wrote:
In America, even sincere and long-held religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.
The judge has stayed the ruling for now, meaning that Kentucky couples can’t immediately begin marrying. But the decision is a significant victory for LGBT families in the Bluegrass State, where activists have fought courageously for equal rights for many years. Congratulations, Kentucky!
In another win for equality, today U.S. District Judge Richard Young struck down Indiana’s ban on marriage for same-sex couples. Because the judge did not stay the ruling, the Indianapolis Star reports that couples can begin getting married right away.
Not a single state marriage ban has been able to withstand a challenge in federal court in the wake of the Supreme Court’s 2013 decision in United States v. Windsor, which struck down part of DOMA.
Since last Friday’s ruling by Federal Judge Barbara Crabb that Wisconsin’s ban on same-sex marriages is unconstitutional, hundreds of same-sex couples have lined up to get marriage licenses across the Badger State. Immediately after receiving the ruling, clerks in Dane and Milwaukee counties began issuing marriage licenses, and in both areas, facilities stayed open late on Friday and continued issuing licenses on Saturday. Officiants, including judges, ministers, and commissioners, married couples on-site at their respective county courthouses.
Similar to actions in other states where courts have struck down same-sex marriage bans, Wisconsin’s right-leaning GOP Attorney General J.B. Van Hollen filed multiple motions to “preserve the status quo” attempting to stop same-sex marriages from happening.
As of Tuesday afternoon, 48 of the state’s 72 counties were issuing marriage licenses to same-sex couples, despite the ongoing legal battle. Wisconsin’s Vital Records Office is accepting the licenses, but holding them until they receive further guidance from Van Hollen.
For its part, the ACLU filed a proposal of how to implement same-sex marriage in the state. If approved, the plan would force Governor Scott Walker, Attorney General Van Hollen, and county clerks across the state to treat all same-sex and opposite-sex couples equally under the law.
Judge Crabb is set to have another hearing on June 19th.
A District Court judge ruled today that Wisconsin’s ban on marriage for same-sex couples is unconstitutional. Judge Barbara Crabb relied on equal protection law to strike down the ban:
"My task under federal law is to decide the claims presented by the plaintiffs in this case now, applying the provisions of the Fourteenth Amendment as interpreted by the Supreme Court," she said. "Because my review of that law convinces me that plaintiffs are entitled to the same treatment as any heterosexual couple, I conclude that the Wisconsin laws banning marriage between same-sex couples are unconstitutional."
Congratulate Wisconsinites by sharing our graphic below:
Another day, another discriminatory ban struck down. Today a federal judge ruled in Whitewood v. Wolf that Pennsylvania’s 1996 ban on same-sex marriage is unconstitutional. This victory for marriage equality follows closely on the heels of the striking of Oregon’s ban only yesterday and makes Pennsylvania the 19th state allowing same-sex couples to marry.
Congratulate Pennsylvanians by sharing our graphic below:
More good news from the fight for marriage equality: today a federal judge struck down Oregon’s ban on marriage for same-sex couples.
If you are feeling a sense of deja-vu, it’s understandable – the Washington Blade notes that this ruling is the “13th straight win for gay nuptials in the federal courts” in the wake of the Supreme Court’s Windsor decision last year, which struck down a key section of the discriminatory Defense of Marriage Act [emphasis added].
Given that decision, Oregon Attorney General Ellen Rosenblum declined to defend the state ban, and the judge did not allow the right-wing National Organization for Marriage (NOM) to defend it. Earlier today NOM lashed out at the case, calling it “an ugly example of inappropriate cooperation between the Attorney General and the gay marriage lobby.”
Judge Michael McShane wrote:
It is at times difficult to see past the shrillness of the debate. Accusations of religious bigotry and banners reading "God Hates Fags" make for a messy democracy and, at times, test the First Amendment resolve of both sides. At the core of the Equal Protection Clause, however, there exists a foundational belief that certain rights should be shielded from the barking crowds; that certain rights are subject to ownership by all and not the stake hold of popular trend or shifting majorities.
As the Right continues to fight a losing battle to prevent loving couples from accessing the protections they need to take care of each other, we’ll keep fighting for nationwide equality.
Yesterday evening a federal judge ruled Idaho’s ban on marriage for same-sex couples unconstitutional. If the state begins issuing marriage licenses Friday morning, plaintiffs Amber Beierle and Rachael Roberts say they are more than ready to make their union official. Beierle reflected, “I don't think people understand what [the ruling] means to native Idahoans who love this state and want to stay in this state but who want to be heard.”
In her ruling, Judge Candy Dale made clear that the state’s ban denied critical rights to same-sex couples simply because of who they are:
Idaho's Marriage laws deny same-sex couples the economic, practical, emotional and spiritual benefits of marriage, relegating each couple to a stigmatized, second-class status. Plaintiffs suffer these injuries not because they are unqualified to marry, start a family, or grow old together, but because of who they are and whom they love.
Close on the heels of the striking of Arkansas’ marriage ban, the ruling in Idaho comes as further evidence that the movement toward full nationwide marriage equality cannot be stopped. Even as the far Right continues to compare same-sex marriage to bestiality and to absurdly insist that marriage bans “take nothing away from anyone,” the stack of judicial wins for equality grows taller and taller.
The U.S. Supreme Court today rejected a request to consider Elane Photography v. Willock, a case brought by a wedding photography business that had been penalized for violating a New Mexico law against discrimination on the basis of sexual orientation. After the New Mexico Supreme Court unanimously rejected its free speech and religious liberty claims, the company appealed to the U.S. Supreme Court on the grounds that taking pictures is expressive activity protected by the First Amendment, and that the government has no right to force a photographer to take a particular picture. The Supreme Court declined to take the case.
People For the American Way is committed to religious liberty, freedom of expression, and LGBT equality, and recognizes that people who support both religious freedom and full legal equality for LGBT people can and do disagree on where lines should be drawn in such cases. A small business person who wants to run a business that reflects their values can be a sympathetic figure. Some believe a mom-and-pop company whose owners have religious objections to same-sex marriage should have the right to turn away a gay couple under those circumstances. But it is hard to identify a legal principle by which a business covered by an anti-discrimination law would be allowed to ignore the law on the basis of the owner’s religious beliefs on marriage, but not on the basis of his religious beliefs on segregation or gender inequality.
The tension between the rights of a business owner and the ability of a legislature to ban discrimination as a matter of public policy finds eloquent expression in New Mexico Supreme Court Justice Richard C. Bosson’s concurrence in the Elane Photography case. The court unanimously upheld a finding by the state’s Human Rights Commission that refusing to provide services to a same-sex couple had violated anti-discrimination law. Bosson wrote that the court’s ruling means that the business owners “are compelled by law to compromise the very religious beliefs that inspire their lives. Though the rule of law requires it, the result is sobering.”
More from Bosson’s opinion:
On a larger scale, this case provokes reflection on what this nation is all about, its promise of fairness, liberty, equality of opportunity, and justice. At its heart, this case teaches that at some point in our lives all of us must compromise, if only a little, to accommodate the contrasting values of others. A multicultural, pluralistic society, one of our nation’s strengths, demands no less. The Huguenins [the business owners] are free to think, to say, to believe, as they wish, they may pray to the God of their choice and follow those commandments in their personal lives wherever they lead. The Constitution protects the Huguenins in that respect and much more. But there is a price, one that we all have to pay somewhere in our civic life…In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs , so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world. In short, I would say to the Huguenins, with the utmost respect: it is the price of citizenship.
Bosson’s opinion recognizes that there are competing interests at play and that can make line-drawing difficult. He treats the religious liberty questions respectfully.
Of course, that hasn’t stopped Religious Right from portraying the decision, and Bosson’s opinion, as pure tyranny. A lawyer for the Alliance Defending Freedom called the decision “a blow to our client and every American’s right to live free.” Cases in Colorado and Oregon involving bakery owners that declined to make a wedding cake for a same-sex couple and faced punishment for violating anti-discrimination laws have generated similar rhetoric.
Most Americans do not see tyranny in the balancing act that legislatures and courts are engaged in. They believe the principle staked out in PFAW Foundation’s Twelve Rules for Mixing Religion and Politics: it is legitimate for government to require religious organizations and individuals to abide by rules and regulations that promote the common good. A poll conducted by Third Way and HRC just before the U.S. Supreme Court decision overturning the Defense of Marriage Act found that 68 percent of Americans believe that small business owners should not be allowed to refuse service to gays or lesbians, regardless of their religious beliefs. When asked specifically about wedding-related services like catering, flowers, or cakes, nearly as many – 64 percent – were opposed to laws that would allow small businesses to deny services based on their religious beliefs.