Monthly Archives: November 2014



You Might Like

Videos | Dating

Live Cams | Live Chats

 

NEWS

Federal Judge Overturns Mississippi Same-Sex Marriage Ban

Federal Judge Overturns Mississippi Same-Sex Marriage Ban
JACKSON, Miss. (AP) — A federal judge has overturned Mississippi’s ban on same-sex marriage, but he is putting his order on hold for two weeks so the state can appeal.

U.S. District Judge Carlton Reeves issued a preliminary injunction Tuesday.

State attorneys have already said they will ask the 5th U.S. Circuit Court of Appeals to block Reeves’ order.

Mississippi has a 1997 law and a 2004 voter-approved constitutional amendment that define marriage as being between a man and a woman. Two lesbian couples and a gay-rights group filed a lawsuit seeking to overturn those. Reeves heard arguments Nov. 13.

Plaintiffs’ attorney Roberta Kaplan says gay Mississippians deserve the dignity of equal treatment.

Republican Gov. Phil Bryant and Democratic Attorney General Jim Hood filed written arguments asking Reeves to uphold Mississippi’s marriage rules.

www.huffingtonpost.com/2014/11/25/mississippi-gay-marriage_n_6222670.html?utm_hp_ref=gay-voices&ir=Gay+Voices

NEWS

Here Are The Best Quotes From the Latest Arkansas Marriage Win

Here Are The Best Quotes From the Latest Arkansas Marriage Win

sactity-of-marriageYou’re one step closer to being allowed to wed in Arkansas, but don’t pick out your wedding rings just yet. Tuesday’s federal victory is on hold so the dreadful Governor Mike Beebe has time to appeal.

He may not have to, though: the Arkansas Supreme Court could be ruling in a separate gay marriage case any day now. If that happens, it’s anyones guess when marriage would start. The Supreme Court could overturn the state’s bans, but stay their decision pending appeal in the federal case. Or they could let marriage start right away, mooting the federal case. Or they could just throw up their hands and decide not to do anything. There’s no telling what will happen. Place your bets now!

This ruling is a looooooong one at 45 pages, about half of which is dense discussion of various abstentions and doctrines. But there are some juicy bits as well, so we’ve pulled out our favorite parts for you here, starting with this:

…although states maintain the power to regulate domestic relationships, they
must do so “subject to,” and within the confines of, “the constitutional rights of persons.”

That’s a quote from the 2013 Windsor case, which overturned DOMA. And so’s this one:

The Supreme Court reinforced that restricting the benefits of marriage to same-sex couples “violates basic due process and equal protection principles.”

It does our heart good to see federal judges quoting Windsor. That case seriously changed everything.

The federal court in Arkansas also made it clear that marriage is a fundamental right for everyone:

As to the right to marry, the Supreme Court has been clear: “the ‘liberty’ specially
protected by the Due Process Clause includes the right[] to marry . . . .” …  Marriage is one of the ‘basic civil rights of man,’ fundamental to our very existence and survival.”

OK, that’s pretty clear. The state had claimed that marriage is only a fundamental right for straight people, but the court recognized that argument for what it is: dumb.

The Supreme Court’s previous decisions heralding the “right to marry” as
fundamental do not describe that right with any more specificity.

This is a legal way of saying that you can’t narrow the definition of marriage after it’s already been called “fundamental to our very existence and survival.”

…the “right to marry” does not inherently hinge on a couple’s ability to produce
children.

This is another big deal, since it completely demolishes the homophobic claim that you have to be able to make a baby if you want to get married.

Here’s another great quote, this time from Lawrence, which overturned sodomy bans:

These cases underscore that the drafters of the Fifth and Fourteenth Amendments “knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.”

Scalia’s going to love that.

The case really comes down to the marriage bans having no connection to their purported reasons to exist.

As demonstrated, a most searching examination of Separate Defendants’ proposed
reasons for Arkansas’s marriage laws reveals that these laws are not narrowly tailored to achieve a compelling state interest.

All in all, a pretty delightful victory.

matt baume

feedproxy.google.com/~r/queerty2/~3/TEDrviy7mRc/here-are-the-best-quotes-from-the-latest-arkansas-marriage-win-20141125

NEWS

Federal Judge Strikes Down Mississippi's Ban On Same-Sex Marriage

Federal Judge Strikes Down Mississippi's Ban On Same-Sex Marriage

MissA federal judge has struck down Mississippi’s ban on same-sex marriage, BuzzFeed reports. The decision comes just hours after Federal Judge Kristine Baker struck down a similar ban in Arkansas. Like Baker’s decision, the ruling in Mississippi is temporarily stayed. The judge in Mississippi has provided fourteen days for the Fifth Circuit Court of Appeals and the United States Supreme Court to weigh in before same-sex couples will be allowed to wed. From the ruling:

“Today’s decision may cause uneasiness and concern about the change it will bring,” U.S. District Court Judge Carlton Reeves wrote. “Mississippi continues to change in ways its people could not anticipate even 10 years ago. Allowing same-sex couples to marry, however, presents no harm to anyone. At the very least, it has the potential to support families and provide stability for children.”

Judge Carlton also noted the large swath of courts that have ruled in favor of same-sex marriage and equality, stating, “This court joins the vast majority of federal courts to conclude that same-sex couples and the children they raise are equal before the law.”

Uber-counsel Roberta Kaplan argued for the plaintiffs against the marriage ban. Said Kaplan of the decision,

“Soon, families throughout this country will be gathering together to celebrate Thanksgiving. Our clients and thousands of other gay people throughout the State of Mississippi can now enjoy their turkey and pecan pie with their families thankful that a court has recognized that their government must treat them the same as everyone else. This is a big day since it means that gay Mississippians will have the right to be married in their own home state that they love so much. It is also a big day for our country and for our Constitution, since it means that Americans in yet another state can now appreciate that gay people, who are their neighbors, friends and family members, have the right to equal protection of the laws.”

READ the full decision below:

#30 Mississippi Preliminary Injunction on Scribd”>3:14-cv-00818 #30 Mississippi Preliminary Injunction by Equality Case Files

Developing…


Sean Mandell

www.towleroad.com/2014/11/federal-judge-strikes-down-mississippis-ban-on-same-sex-marriage.html

You Might Like

Videos | Dating

Live Cams | Live Chats