Same-Sex Marriage Update

[MsTinkerbelly]

Two Lesbian Couples Challenge Virginia's Marriage Equality Ban

Represented by the ACLU and Lambda Legal, four lesbian moms are suing the state of Virginia to recognize their marriages and families.

BY Sunnivie Brydum.

August 01 2013 1:49 PM ET

Two lesbian couples in Virginia have filed a federal class action lawsuit seeking to overturn the state's constitutional and statutory prohibitions on same-sex marriages and recognizing such unions performed outside of the state.

Represented by the American Civil Liberties Union, the ACLU of Virginia, and Lambda Legal, the case, known as Harris, et. al. v McDonnell, et. al., was filed today in U.S. District Court for the Western District of Virginia, according to a press release from the ACLU. The suit alleges that the state's ban on marriage equality and refusal to recognize legal same-sex marriages performed in other states results in the state sending a "purposeful message that they view lesbians, gay men, and their children as second-class citizens who are undeserving of the legal sanction, respect, protections, and support that heterosexuals and their families are able to enjoy through marriage."

The four lead plaintiffs are comprised of two lesbian couples with children, who represent a larger class action suit on behalf of all gay and lesbian Virginians who wish to marry. Christy Berghoff and Victoria Kidd, both 34, have been together for nine years, and married in 2011 in Washington, D.C., according to the ACLU. Berghoff is an Air Force veteran who currently works for the Department of Justice, while her wife Kidd runs a small business from their home, allowing her to serve as a stay-at-home mother to the couple's eight-month-old daughter, Lydia.

Joanne Harris, 37, and Jessi Duff, 33 are both native Virginians, who met through a mutual friend 11 years ago. Harris serves as the director of diversity at Mary Baldwin College, while Duff works for the state's child protective services systems. They have a four-year-old son named Jabari, who loves his Mommy and Momma DeeDee, but knows his parents aren't legally married like his friends' parents. Pointing to a picture of the couple's 2006 commitment ceremony, Jabari told the ACLU "Mommy and Momma DeeDee got married, and they really need to get married."

This latest filing marks the third federal challenge to a state ban on marriage equality filed by the ACLU since the Supreme Court issued its landmark rulings invalidating a key section of the so-called defense of marriage act and dismissing California's Proposition 8 on June 26. Earlier this month, the advocacy organization filed federal lawsuits to strike down anti-marriage equality laws in Pennsylvania and North Carolina. The Pennsylvania attorney general announced shortly thereafter that she will not defend the state's antigay law in court, because she believes "it to be wholly unconstitutional."

[MsTinkerbelly]

RI lawmaker who fought for marriage equality marries his partner of 32 years

Clare Kim, @clarehkim
11:15 PM on 08/01/2013

For Rhode Island Rep. Frank Ferri, Thursday marked a long-awaited milestone for him and his partner of 32 years. After Rhode Island became the 13th state to legalize gay marriage, county clerks began issuing marriage licenses when their offices opened at 8:30am this morning.

Ferri and his longtime partner, Anthony Caparco, were one of four couples who waited outside Warwick City Hall starting 7:30 am. Ferri, who first testified in favor of marriage equality 15 years ago, is a Democratic state representative from Rhode Island who helped usher in legislation to legalize same-sex marriage. While Ferri has been an elected official for six years, he has advocated for marriage equality at the Statehouse for nearly two decades.

The couple finally wed late Thursday, the first day the law went into effect, and also the couple’s anniversary. Although the two men wed seven years ago when they vacationed in Vancouver, Canada, Ferri said on MSNBC’s The Last Word that being allowed to marry in their home state would be more meaningful to the couple.

“I know the train is out of the station and it’s going and it’s not stopping and it’s not coming back, said Ferri. “We have seen it here in New England. We know how people are opening their minds because so many couples like ourselves who are living their lives openly and honestly every day. I think that’s driving this and with the help of the president’s support and many legislatures, this is going to happen.”


Rhode Island is the final state in New England to allow gay marriage after it was approved by lawmakers on May 2. The law was signed into law on the same day by Rhode Island Gov. Lincoln Chaffee, who became one of the earliest prominent national proponents of same-sex marriage when he was a Republican senator. Chaffee, who ran as an Independent in 2010 and changed his party affiliation to Democrat in late May, made marriage equality a priority in his campaign.

The governor attended the couple’s wedding, which was officiated by House Speaker Gordon Fox, who is openly gay.

“It’s been a lot of work. It’s been a long road,” said Caparco. “It’s just an exciting day for us and the Speaker is thrilled to be officiating at our ceremony.”

Even though Rhode Island legally allowed domestic partnerships in 2002, a bill to legalize gay marriage was introduced every year since 1997.

“It’s still settling in. It’s a funny feeling to know that I don’t have to get out of bed tomorrow and advocate another day for gay marriage,” said Ferri to the Boston Globe. “I’ve been talking to so many people over so many years about it and trying to educate people. You know, every chance I got I was advocating for it, even if it was just in subtle ways. So, now it’s happened, it’s strange. Pinch me! It’s a really, really strange feeling.”

[MsTinkerbelly]

Marriage Equality Takes Effect in Uruguay

August 5, 2013 by Eric Cameron, Digital Media Associate


Marriage equality takes effect in Uruguay today. Following Argentina, Uruguay is the second country in Latin America to have passed nationwide same-sex marriage legislation.

The legislation passed with strong majorities in the Uruguay House and Senate in April. President Jose Mujica signed the bill into law on May 3.

Uruguay joins the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark and France in recognizing marriage equality nationwide. Marriage equality takes effect in New Zealand later this month and is expected to take force in England and Wales in 2014.

Brazil is just steps away from fully recognized marriage equality following a recent ruling by their National Council of Justice. Same-sex marriage is also recognized in parts of Mexico and in thirteen U.S. states and the District of Columbia.

Congratulations, Uruguay!

[MsTinkerbelly]

Social Security Announces You Must Live In A Marriage Equality State To Collect Benefits – For Now

by Jean Ann Esselink on August 12, 2013


Saying they ”appreciate the public’s patience as we work through the legal issues to ensure that our policy is legally sound and clear,” the acting commissioner of the Social Security Administration, Carolyn Colvin, announced the agency has begun processing claims from same-sex couples and their children who reside in states that recognize same-sex marriages. The couples must be legally married. Couples in civil unions will not be eligible for benefits at this time.

The announcement went on to say the agency continues to work with the Justice Department, and expects to develop additional “policy and processing instructions” which they will implement in the next “weeks and months.”

The short press release ended by urging anyone who thinks they should be eligible for benefits to continue filing claims, to protect your eligibility in case new policies are adopted in the future.

Story Writer’s Note: My gut feeling is that this decision should be viewed as more of a “what can we do right away?” response than a “this is all we’re going to do” announcement. The government moves slowly. My sense is they wanted to show they were working on the new policy, not that they expect to deny everyone else forever.

[MsTinkerbelly]

New Jersey judge hears marriage equality arguments

Emma Margolin
12:54 PM on 08/15/2013

Six couples in are in a New Jersey courtroom Thursday, challenging the state’s ban on same-sex marriage. New Jersey state Sen. Ray Lesniak was one of two dozen sponsors of a marriage equality bill, which passed the legislature, but was vetoed by the Gov. Chris Christie.



Six gay couples and their children headed back to a New Jersey courtroom Thursday, hoping that June’s landmark marriage equality rulings would reinvigorate their fight for the state to recognize same-sex marriage.

New Jersey is one of four states that allow civil unions, which entitle gay couples to spousal rights, but stops short of calling those unions “marriage.” The New Jersey state Supreme Court ruled in 2006 that same-sex couples could not be denied the same rights and benefits enjoyed by opposite-sex couples, so the state legislature passed a law allowing civil unions in response. In 2012, the New Jersey Assembly passed a bill that would have legalized same-sex marriage throughout the Garden State, but Republican Gov. Chris Christie swiftly vetoed it.

The couples filed suit in 2011, claiming that New Jersey’s marriage laws violated the 2006 state Supreme Court ruling that set a standard of equality for same-sex couples. Now, they argue, New Jersey is even more in the wrong.

Arguments on Thursday focused on the implications of a U.S. Supreme Court ruling that struck down a key provision of the Defense of Marriage Act (DOMA,) which defined marriage as the union between a man and a woman for federal purposes. The DOMA ruling cleared the way for same-sex couples who were legally married to receive the same federal benefits given to heterosexual spouses. At issue is whether same-sex couples in civil unions should also receive federal benefits based on the ruling.

Marriage equality advocates argue that the DOMA decision does not apply to civil unions, meaning that those who receive state-level spousal benefits are not entitled to federal-level benefits. By that logic, New Jersey is now in violation of the 2006 state Supreme Court decision requiring that gay couples receive the same benefits as straight ones. The state would have to allow all couples to marry, regardless of sexual orientation, in order to comply with both U.S. and state Supreme Court decisions, they argue.

Christie’s administration disagrees, claiming that the full impact of the DOMA ruling is not yet clear, reports the New York Times. A lawyer for the state said Thursday that it was the federal government’s fault, not the state’s, if couples in civil unions were denied certain federal benefits, reports the Associated Press.

After hearing both arguments Thursday, the judge said she would not issue a ruling before September.

Thirteen states and the District of Columbia currently allow same-sex couples to marry. New Jersey is one of two in the Northeast that does not.

[tndoc]

Originally Posted by MsTinkerbelly

New Jersey judge hears marriage equality arguments

Emma Margolin
12:54 PM on 08/15/2013


Christie’s administration disagrees, claiming that the full impact of the DOMA ruling is not yet clear, reports the New York Times. A lawyer for the state said Thursday that it was the federal government’s fault, not the state’s, if couples in civil unions were denied certain federal benefits, reports the Associated Press.

.

One big reason he may never become president. i truly hope they rule in favor.

[blackboot]

Star Advertiser: Special session is expected

A law that could assuage appeals courts is the goal, the governor tells Democrats

By Derrick DePledge

POSTED: 01:30 a.m. HST, Aug 19, 2013

Gov. Neil Abercrombie said Sunday it is "very likely" there will be a special legislative session on gay marriage.

The governor, speaking to a Demo­cratic Party of Hawaii gathering at Ward Warehouse, appealed for patience while his administration drafts a gay-marriage bill that can withstand a potential legal challenge from opponents.

"We're not necessarily going to agree on every aspect of how to move forward where justice and freedom and opportunity are concerned," the governor said. "But I think we can put together something that can achieve a solid majority, that will give us the opportunity to establish marriage equity in the state of Hawaii commensurate with the recent Supreme Court decisions, and will satisfy and resolve the issues that are presently before the appeals court on the mainland."

Asked by the Star-Advertiser afterward whether there will be a special session, Abercrombie said, "I think it's very likely."

Despite the governor's confidence, however, he cautioned that he is more concerned about drafting a legally sound bill than the timing of when a bill is passed into state law.

Blake Oshiro, the governor's deputy chief of staff, said he is working with the state attorney general's office on a draft and has been in discussions with state lawmakers. Oshiro said the administration wanted to avoid a repeat of the flawed civil unions law that was approved in 2011 and later had to be corrected.

Abercrombie and state House and Senate leaders have been circumspect about a special session on gay marriage since the U.S. Supreme Court ruled in June that legally married gay couples are entitled to federal benefits. The rulings prompted gay rights activists, along with the state's congressional delegation and a growing number of the more liberal faith-based groups, to urge the state to act quickly.

Hawaii allows both gay and heterosexual couples to enter into civil unions and receive the same rights and benefits as marriage under state law, but federal law does not recognize civil unions. Gay couples have challenged the state's marriage law in federal court as unconstitutional, and the case is on appeal.

House and Senate leaders have said they do not have the two-thirds' support required under the state Constitution to call themselves back into special session, leaving the decision up to Abercrombie. The Senate has the votes for gay marriage, Senate leaders have said, but the vote count is much closer in the House.

Abercrombie has been waiting for a clear expression from the House that there are sufficient votes for a gay-marriage bill. House sources have said privately that they believe they have a majority but want a cushion for a special session.

"The House votes are really close right now," said House Majority Leader Scott Saiki (D, Downtown-Kaka­ako-McCully). "We are looking forward to meeting with the governor to discuss the language and mechanics of a bill."

Democrats hold overwhelming majorities in the House and Senate, and Abercrombie holds Washington Place, so activists in the party expect the Legislature and the governor to enact gay marriage either in special session or soon after the next session of the Legislature opens in January.

"Marriage is such a huge, volatile, emotional issue that it should be handled separately so that when we go into the regular session, we can focus on the more regular business," said Jo-Ann Adams, an attorney and gay rights activist. "This needs to be done. It creates a nice space between getting it done in a focused way and giving them time to then reorient and refocus on the rest of the government business. It gives some space for it to die down so people don't worry about any election repercussions, although we don't expect any."

[MsTinkerbelly]

A New Zealand First: Equality at Cruising Altitude

One couple celebrates in the skies as New Zealand adds itself on Monday to the list of countries with marriage equality.

BY Michelle Garcia.

August 19 2013 2:28 AM ET


NEW ZEALAND — Lynley Bendall and Ally Wanikau of New Zealand seem to prefer intimate moments. Besides, the quiet couple of 13 years are raising three sprightly children, leaving little time or energy to plan for the pomp and circumstance of a large wedding. But their modesty and humanitarian spirit was what won them a very public wedding ceremony on an Air New Zealand flight from Queenstown to Auckland. Wanikau and Bendall were among the first same-sex couples to legally marry in New Zealand starting Monday, and they were definitely the first to be wed in the Kiwi skies.

Once the 9 a.m. flight, filled with family and friends, reached cruising altitude, Bendall and Wanikau proudly walked from the back of the plane to the front, where local legend Kim Jewel Elliot performed a ceremony. Elliot had presided over the couple's previous civil union and commitment ceremonies. During the ceremony, Elliot, who was dressed in traditional Maori ceremonial garments, acknowledged the millions of gay people around the world still fighting for marriage equality and LGBT rights.

"We send our support and strength to those who continue to advocate in all nations for the right for all of us to marry," she said, adding, "Now all deep loves can be freely and openly celebrated. From this day forward, all children in New Zealand can grow up knowing they can marry whomever they love."

Bendall and Wanikau, as well as their children, exchanged traditional Maori pendants made of jade stone instead of wedding bands.

Modern Family actor Jesse Tyler Ferguson and his husband, Justin Mikita, also newlyweds, were on board to toast the couple as they reached this milestone.

"A successful marriage requires you to fall in love many, many times — with the same person," Ferguson joked. "It was beautiful to watch you fall in love with each other again today."

To cap the ceremony, a choir on the plane sang the New Zealand's unofficial national anthem, "Pokarekare Ana," a traditional Maori song about two lovers who cannot be together. Members of New Zealand's Parliament shocked the world when they sang the song after voting to establish a marriage equality law in April.

Upon landing, the couple celebrated their special day in an airplane hangar at the Auckland airport with more champagne, a rainbow cake, and a performance by local singing group, Anika Boh & Hollie.

Air New Zealand, which coordinated the festivities, will also send the couple on a six-day honeymoon to Palm Springs, Calif. Lorraine Murphy, the airline's chief people officer, said it was a natural fit for the "progressive, daring," national carrier to ring in the new marriage equality law. Now New Zealand's neighbors to the east look to the small country as the arbiter for what is to come.

"I already know there are couples from Australia coming to New Zealand to marry," she said

[MsTinkerbelly]

WHERE IT ALL STARTED

Hawaii May Pass Marriage Equality Bill This Fall


Twenty years ago, Hawaii was the place where marriage equality first emerged as a real possibility. Now it looks like the state may finally complete its wedding march. Democrats in the state legislature are meeting this week to determine if they have the votes to pass a marriage equality bill. Assuming that they do — and they represent the overwhelming majority in both houses — Gov. Neil Abercrombie will call a special session of the legislature this fall to pass the measure. Abercrombie told party members that the special session was “very likely” to happen.

“I think we can put together something that can achieve a solid majority, that will give us the opportunity to establish marriage equity in the state of Hawaii commensurate with the recent Supreme Court decisions, and will satisfy and resolve the issues that are presently before the appeals court on the mainland,” Abercrombie said.

In the meantime, proponents of marriage equality are building the support they need for success. The state’s two Senators and two Representatives issued a letter calling for marriage equality, and a group of two dozen religious leaders has also announced their backing for a marriage bill. Hawaii is one of four states that marriage supporters have targeted for passage of marriage equality laws by 2014.

It’s been a long journey for marriage equality in the Aloha State. In 1991, three couples sued Hawaii, claiming that their rights under the state constitution had been violated. A plurality of the state Supreme Court ultimately agreed that the state couldn’t withhold marriage licenses from them. The religious right ginned up its machinery, and a constitutional amendment was passed in 1998, making the case moot. At the beginning of 2012, the state formally recognized civil unions, in a bit of belated catch up. Passage of a marriage equality measure would complete the circle for the state and make it the fourteenth to legalize same-sex marriages


Full story here: http://www.queerty.com/hawaii-may-pa...#ixzz2cdBBqMek

[MsTinkerbelly]

TIMING THE KNOT

As Dying Lesbian Petitions To Wed Partner, NM County Clerk Begins Issuing Gay Marriage Licenses

Shortly after a terminally-ill woman from Pojoaque, New Mexico sought an emergency court order allowing her to legally marry her partner of 21 years in hopes that their three children would be protected, a clerk from Dona Ana County began issuing same-sex marriage licenses.

Jen Roper has a life-threatening form of brain cancer that has caused her health to severely deteriorate in the past few months. Together with the woman she considers her wife, Angelique Neuman, they have raised three kids, the eldest of whom is currently in basic training in the U.S. Army.

With the help of the American Civil Liberties Union (ACLU) and the National Center for Lesbian Rights (NCLR), Roper and Neuman filed the emergency order today. Then, unexpectedly, the clerk in Dona Ana County decided that the “state’s marriage statutes are gender neutral and do not expressly prohibit Dona Ana County from issuing marriage licenses to same-gender couples,” according to a statement obtained by the AP.

“Any further denial of marriage licenses to these couples violates the United States and New Mexico Constitution and the New Mexico Human Rights Act,” Ellins said. “Dona Ana County is upholding New Mexico law by issuing these marriage licenses, and I see no reason to make committed couples in Dona Ana County wait another minute to marry.”

County clerks usually face challenges when they take the law into their own hands like that, and the issue may ultimately have to be resolved in court. But for now, couples have immediately descended on Las Cruces, NM where they began receiving their marriage licenses. Dona Ana is the first county in New Mexico to effectively allow gay marriage, though a series of lawsuits are pending in the state on that very issue, including Roper’s and Neuman’s.

However, Geraldine Salazar, clerk of Santa Fe County where Roper and Neuman live, said she does not plan on following Dona Ana’s lead because of those lawsuits. Just yesterday, a gay couple from Santa Fe asked the New Mexico Supreme Court to to streamline the way they handle same-sex marriage lawsuits. Roper and Neuman hope to add their voice to the chorus of change taking New Mexico by storm.

“I want to know that my family will be protected if I pass away,” Roper said in a statement from the NCLR. “Angelique and I have been married in our hearts for 21 years and raised three wonderful children together. Because of my illness, we do not have the luxury of waiting years for the courts to decide whether loving, committed same-sex couples can marry in New Mexico. For us, the time is now.”


Full story here: http://www.queerty.com/new-mexico-ga...#ixzz2ciMHELKk

[MsTinkerbelly]

August 28, 2013, 12:18 pm

Marriage Equality in New Mexico

By ANDREW ROSENTHAL


When arguing against same-sex marriage, opponents often stress that marriage has always been defined as a union between a man and a woman.

But our laws, at least, often did not wade into the question of gender one way or another — until the 1990s, when anti-gay-marriage forces began lobbying state legislatures to revise state constitutions, and pushed the Defense of Marriage Act through Congress. More recently, in a smaller, but growing, number of states, marriage-equality advocates have succeeded in establishing — through the courts or legislative action or voter referendums — that all adults can marry the person of their choosing, regardless of gender.

Alone among the states, New Mexico never jumped on the definitional bandwagon. It never banned same-sex unions, and it never specifically permitted them, either. And in the absence of clarity, American standards of equality and non-discrimination won out.

Last week, the clerk of Dona Ana county decided to recognize same-sex unions. Then a judge in Santa Fe directed the clerk in that county to begin issuing marriage licenses. On Monday, a state judge ruled that marriage between couples of the same sex is entirely legal and ordered the clerk of Bernalillo County, which includes Albuquerque, to issue licenses to gay and lesbian couples.

The Associated Press reported that Judge Alan Malott “had been asked only to order that the state recognize, on her death certificate, a dying woman’s marriage Friday in Santa Fe to her longtime partner.”

But he went a step farther and said that New Mexico’s constitution bans discrimination in marriage against a particular group of citizens. The American Civil Liberties Union of New Mexico was, naturally, elated. Laura Schauer called the ruling “monumental.”

The ruling does not cover the rest of New Mexico’s counties, and so it seems inevitable that the New Mexico state legislature, which has Democratic majorities, and its Republican governor, Susana Martinez, are about to come under intense political fire from the far right to amend the constitution. They should resist.

[MsTinkerbelly]

Same-sex couples can file joint tax returns, IRS says

Reuters

All legal same-sex marriages will be recognized for U.S. federal tax purposes, regardless of where the couple lives, government says.


WASHINGTON — All legal same-sex marriages will be recognized for U.S. federal tax purposes, the Obama administration said on Thursday, allowing gay couples to claim the same tax benefits that heterosexual couples do.

As expected after a landmark Supreme Court ruling in June, the U.S. Treasury and Internal Revenue Service said:

"The ruling applies regardless of whether the couple lives in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage."

[MsTinkerbelly]

Gay troops prep for September marriage spree, put wedding parties on ice


By Bill Briggs, NBC News contributor

September marks nuptial season across part of the American military as gay and lesbian troops cash in new, Pentagon-granted leaves to tie the knot.

Starting Tuesday, the Pentagon is allowing gay troops to take travel leaves for up to seven days — or as many 10 days for those stationed abroad — as long as those service members live 100-plus miles away from a state that allows same-sex marriages.

Scores of service members are draining their savings just to pay for airfare, hotels and rental cars — common, logistical necessities for obtaining a marriage certificate in one of the 13 states where same-sex marriage is legal, advocates say.

While many of these unions may lack champagne-soaked celebrations, they are fueled by a practical brand of urgency: gaining immediate, military-family benefits, said Stephen Peters, executive director of the American Military Partner Association (AMPA).

After the Supreme Court’s decision to scrap the Defense of Marriage Act, leaders at the Department of Defense announced that same-sex spouses of military members would become eligible this month for an array of federal benefits previously offered only to heterosexual spouses, from housing to health care. At the same time, DOD authorized the special leaves for troops seeking same-sex marriages.

"This will provide accelerated access to the full range of benefits offered to married military couples throughout the Department, and help level the playing field between opposite-sex and same-sex couples seeking to be married," Lt. Cmdr. Nate Christensen, a Pentagon spokesman, said via email. "We do not have an estimate of how many people this will impact."

A week to wed

At least three service members who work with AMPA have all hatched similar marriage plans for this month: quick trips to California to obtain licenses during their authorized leaves with festive wedding parties to follow sometime next year — or beyond.

"For us, California is the easiest way to go," said Melissa Jones, an Army E-3 (private first class), based at Fort Hood, Texas. She and her girlfriend, Danielle Nelson, have booked a seven-day trip to San Diego later this month. "We’re going to pretty much just get it done at the county courthouse. We’re not going to have a ceremony out there. We’ll do that back here with family and friends."

To help pay for their flight and hotel room, Jones and Nelson, both 20, cashed in their large collection of loose change plus $450 in recent bingo winnings.

“Many of our families simply can’t afford the costs of traveling across the country to get married in addition to having a large, expensive ceremony,” said Peters, executive director of the AMPA. “Many can barely afford to travel to a city clerk’s office across the country, wait the required number of days for waiting periods, and finally take care of the paperwork, only to hope for a larger and more formal ceremony at a later date.

“This all boils down to the financial burden they face in having to travel across country — or around the world, for many — a challenge that heterosexual (military) couples are not forced to face in order to care for their family,” Peters added.

'Just for the paper'

Despite the initial costs, the military benefits Jones will gain through marriage will save her thousands of dollars in the long run.
A marriage license will allow Jones to qualify for "base allowance housing," under which the military subsidizes service members' off-base apartments so long as they are legally married or are raising a child or children. That alone saves the couple about $700 per month, Jones said. And as a military spouse, Nelson's college tuition will be federally covered, instantly saving her an additional $4,000 per semester.

If Nelson falls ill after she's married, she can receive her medical treatment at Ford Hood thanks to her new military-family identification card and the official military decal she'll receive for her car. Currently, she must pay for medications out of pocket. The couple has been together for a year and a half, meeting two months before Jones headed to basic training.

"A lot of the urgency of this is that we’re missing out on a lot of benefits," Jones said. "It's not like we’re doing it for the money, but it’s going to help pay for things. I’m 20 years old and I’m helping her pay for college. I also have a car loan and an apartment. We both have full-time jobs. But getting the benefits, she can stop working and can just focus on school.

"I wear (an engagement) ring. People are always asking: 'Are you married?' I’m like: 'Yes and no.' People don't understand that. So I tell them that I'm gay and I have go 1,500 miles away just to get married," Jones said. "It’s not like we’re not going to enjoy it while we're there. But it kind of is just for the paper."

[MsTinkerbelly]

Pennsylvania judge promises quick ruling in marriage equality case

September 5, 2013fte

By Jacob Combs

LGBT Legal Cases Marriage equality Marriage Equality Trials


After yesterday’s oral arguments in a case challenging whether a Pennsylvania county official acted improperly when he began issuing marriage licenses to same-sex couples despite the state’s ban on marriage equality, the judge hearing the case has promised to issue a speedy decision. From the AP:


Commonwealth Court Judge Dan Pellegrini said a central issue is “how power is allocated in the commonwealth of Pennsylvania.”

“What’s before us today is generally, ‘Who decides?’” Pellegrini told the full courtroom in Harrisburg at the start of oral arguments.

Pellegrini said he was not weighing the constitutionality of the same-sex marriage ban. But questions about its constitutionality arose repeatedly, and Pellegrini said he was concerned about the potential effect of his ruling on various levels of government.

There are several procedural issues in the case that Pellegrini must consider before issuing a final ruling. First, he must determine whether Pennsylvania’s Health Department has legal standing to seek a court order compelling the county official–D. Bruce Hanes–to stop issuing marriage licenses. In addition, the judge must decide whether Hanes is a ‘judicial officer.’ If he is, the state’s Supreme Court may be the only court with jurisdiction over the matter.

By the end of business on Tuesday of this week, Hanes had issued 164 licenses to same-sex couples. We’ll have full coverage of the ruling on EqualityOnTrial when it’s handed down

[blackboot]

Hawaii Marriage Equality

Monday, September 9. Governor Neil Abercrombie just announced a special session of the Legislature being called on October 28th to pass Marriage Equality!

Here comes Hawaii!!!

[MsTinkerbelly]

Wash. Native American Tribe Recognizes Marriage Equality


BY Sunnivie Brydum.

September 09 2013 6:15 PM ET

The Colville Tribal Council of the Confederated Tribes of the Colville Nation voted overwhelmingly on Thursday to recognize same-sex marriages, according to The Wenatchee World. The ruling will extend to all of the tribe's more than 9,300 members, about half of whom live on the Colville Reservation in north-central Washington State, according to the World.

Council chairman Michael Finley told the paper that the tribe has long recognized and respected LGBT identities, usually referred to as two-spirit in the tribal vernacular. Last week's vote means two-spirited Colvilles will be treated equally and with respect, Finley said. The tribe had already permitted members in same-sex partnerships to add their spouse to their insurance and other benefits plans.

Although Washington State voters approved marriage equality last November, federally recognized Native American tribes are self-governed and aren't subject to state laws.

Several Native American tribes around the country have formally recognized same-sex marriages in recent years. In 2008 the Coquille Indian Tribe on the southern Oregon coast became the first Native American tribe to recognize marriage equality, and in 2011 the Suquamish Tribe in Suquamish, Wash., also approved marriage equality. In March of this year, the Little Traverse Bay Bands of Odawa Indians in Michigan also began to recognize same-sex marriages, when it oversaw tribe member Tim LaCroix's marriage to his now-husband, Gene Barfield. The Pokagon Band of Potawatomi Indians in Michigan and the Santa Ysabel Tribe of California also recognize same-sex marriages, bringing the total number of U.S. tribes with formal marriage equality to six, according to Equality on Trial.

[MsTinkerbelly]

2014 Marriage Equality Initiative Dropped in Arizona

Groups claim more time is needed to rally support for same-sex marriage in the state.

BY Jase Peeples.

September 10 2013 6:17 PM ET


An initiative campaign planning to put a ballot measure in favor of marriage equality in Arizona before voters in 2014 has been dropped, reports The Arizona Republic.

Equal Marriage Arizona, the primary group behind the initiative, says efforts were scuttled because key national advocacy groups withheld backing of the initiative for 2014 because they believed there would be a greater chance of winning in 2016.

“They didn’t feel like Arizona was ready for equal marriage in 2014,” said Equal Marriage Arizona cochair Erin Ogletree Simpson. “I’m just happy our effort has prompted a focus from the various groups to look at 2016 and start putting together a strategy.”

While Simpson expressed frustration about the wait, most advocacy groups agreed waiting until 2016 would provide the time necessary to rally support for the measure, which would amend the state’s constitution to legalize same-sex marriage. Because that is a presidential election year, voter turnout is likely to be higher than in 2014, and that would be beneficial as well, they said.

Arizona voters amended their constiution to ban same-sex marriage in 2008, approving Proposition 102, which stated, “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.”

[MsTinkerbelly]

New Mexico Poised to Enact Marriage Equality


by Jessica Mason Pieklo, Senior Legal Analyst, RH Reality Check

September 9, 2013 - 9:54 am

The New Mexico Supreme Court ordered a hearing to resolve whether or not county clerks can move forward with issuing marriage licenses to same-sex couples.


Another state took a step forward toward ensuring marriage equality Friday as New Mexico’s highest court set an October 23 hearing date to determine whether marriage licenses can be issued to same-sex couples in the state.

The court issued the order a day after all 33 of New Mexico’s counties and clerks filed a petition asking the New Mexico Supreme Court to rule whether a district judge in Albuquerque was correct last week in holding it was unconstitutional to deny marriage licenses to same-sex couples based on a 1972 voter-approved equal rights constitutional amendment that prohibits discrimination “on account of the sex of any person.”

The dispute arose late August when the Dona Ana County clerk determined, based on this summer’s rulings on the Defense of Marriage Act and Proposition 8 from the U.S. Supreme Court, that the county could issue marriage licenses to same-sex couples. Seven other counties have followed Dona Ana County in issuing marriage licenses to same-sex couples, or are planning to.

Same-sex marriage is neither explicitly authorized nor prohibited in New Mexico. But current and previous state attorneys general have argued the state has a de facto ban on same-sex marriage because state statutes contain a marriage license application with sections for male and female applicants, as well as other statutory references to “husband” and “wife.” Lawmakers this year tried, and failed, to change the state constitution to explicitly recognize marriage equality. Previous attempts to ban same-sex marriage and to recognize domestic partnerships have also failed in the state.

A ruling from the New Mexico Supreme Court would set a precedent statewide for how county clerks are to proceed in issuing marriage licenses.

The fight for marriage equality in New Mexico stands in stark contrast to the battle over abortion access, currently underway in Albuquerque, where out-of-state protesters have descended on the city to try and push a local ban on abortions after 20 weeks. In August, anti-choice activists obtained enough signatures on a petition to ban the procedure at the local level and put the matter up to a city council vote. The Albuquerque campaign was first organized by members of Operation Rescue in 2010.

Parties have until September 23 to submit written arguments to the New Mexico Supreme Court. The court could issue a ruling immediately following arguments, though it is more likely it will take the matter under advisement and rule sometime later. But the early hearing date and quick response suggests the court’s interest in a quick resolution of the issue

[MsTinkerbelly]

Costa Rican court dashes advocates hopes of marriage equality

September 23, 2013fte

By Jacob Combs

Marriage equality


LGBT advocates on Costa Rica who hoped that a law passed earlier this year might lead to civil unions for same-sex couples were dealt a blow last week when a court in the nation’s capitol ruled against them. The Tico Times reports:


A family court judge in San José has rejected a gay domestic partnership application in the first legal test of Costa Rica’s controversial reform to the Young Person Law.

Alberto González and Lorenzo Serrano discovered in July that San José Family Court Judge Jorge Arturo Marchena Rosabel had rejected their petition for a legally recognized domestic partnership. The two young men have been a couple for seven years and have lived together for six-and-half years.

“We knew that the result could be positive or negative. Honestly, because of the Young Person Law we thought it would go through but there you have it, it didn’t happen,” González told The Tico Times Friday.

The couple’s lawyer, Marco Castillo, president of LGBT organization Diversity Movement, said that they had already appealed the judge’s decision and are waiting for a response. The Supreme Tribunal of the Family Courts will hear the appeal.

The July modification of the Young Person Law added an amendment that common-law marriages must be granted without “discrimination contrary to human dignity.” González and Serrano applied for a domestic partnership–which would have provided them some, but not all of the rights of marriage–after the law was changed. In his ruling, Judge Marchena pointed to several other provisions in Costa Rican law that mandate that marriages and domestic partnerships are open only to different-sex couples

[MsTinkerbelly]

LGBT Advocates File Briefs for New Mexico Marriage Equality

The ACLU and NCLR filed legal briefs urging the New Mexico Supreme Court to declare marriage equality the law of the land.

BY Sunnivie Brydum.

September 23 2013 7:10 PM ET


The American Civil Liberties Union, the ACLU of New Mexico, the National Center for Lesbian Rights, and the law firm of Sutin, Theyer and Browne APC formally filed legal briefs with the state supreme court today, responding to a request from 33 county clerks who asked the Supreme Court to determine whether New Mexico recognizes the freedom to marry statewide.

On August 21, a clerk in Doña Ana County abruptly began issuing licenses to same-sex couples — though the decision was later challenged by Republican lawmakers, and county clerks throughout the state filed legal briefs seeking guidance from the state's highest court.

Later that month, a district judge in Santa Fe ruled that the state’s constitution did not preclude same-sex couples from marrying. A district judge in Bernalillo County affirmed this ruling, agreeing that denying marriage equality violates key provisions in the state’s constitution on equality and gender-based discrimination.

"We agree with the 33 county clerks who say New Mexico families need certainty," said Shannon Minter, NCLR's legal director in a press release today. "New Mexico lacks a state-wide, binding resolution on the question of whether same-sex couples can marry. The more than 1,000 same-sex couples who have legally married in New Mexico over the past several weeks need to know that their marriages are valid and respected."

Opening arguments in the lawsuit are scheduled to take place before the New Mexico Supreme Court on October 23