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State SSM news.

Posted by bean | August 28th, 2004

There are a large number of interesting stories related to SSM in the news pipeline this week, many of which might be characterized as pending or continuuing stories, rather than dramatic conclusions. I’m grouping the cases into three categories for convenience. Here they are:

Court cases challenging ballot initiatives.
Because state are currently certifying ballots, there are a large number of these cases.

Arkansas: Friday, the Arkansas Supreme Court agreed to hear a Arkansas American Civil Liberties Union challenge to a proposed anti-marriage equality amendment.

The ACLU argues that the proposed amendment has greater implications than simply banning gay marriage. The group says the ballot item could strip common law married couples who move to Arkansas from other states of homestead protections and other rights.

Oral arguments are scheduled for Sept. 23. For additional information, visit 365Gay.com.

Connecticut: The New York Times reports a gay rights group filed a suit to legalize same sex marriage in Connecticut.

Louisiana: The final decision on whether or not the anti-marriage amendment will appear on the Sept. 18 ballot is still pending. There are at least three cases. The two most widely reported cases relate to these issues: 1) Is Sept. 18 a statewide election? 2) Does the amendment have multiple objects. (That is, does it simply ban same sex marriage, or does it do other things as well?) Opponents of the amendment also wish to remove State Supreme Court Justice Jeffrey Victory from cases as they reach the Supreme Court; this judge is said to have campaigned for office based on opposition to same sex marriage. (See 365Gay.com.)

Michigan: Yesterday, The Detroit Free Press reported the Michigan state board of elections was deadlocked over the wording of the anti-marriage equality ballot measure.

Ohio: The Toledo Blade reports Don McTigue, and attorney representing Ohioans Protecting the Constitution has filed a suit to protest signatures collected Fulton, Sandusky, Marion, Morrow, and Logan counties.

Oklahoma: The Oklahoma Civil Liberties Union filed a motion requesting the Oklahoma Supreme Court declare an anti-marriage ballot initiative illegal. They argue the amendment violates the rights of gays and lesbians, and also argue the amendment is poorly worded. As usual, the dispute revolves around how different people might interpret the precise meaning of “legal incidents of marriage”. For more, see 365Gay.com’s August 27 article.

Court cases unrelated to upcoming elections.
There are many cases arising as a result of previous state and federal legislation.

Florida: The Herald Tribune reports John Ashcroft requests a Miami judge dismiss a lawsuit challenging the legality of DOMA. He argues the four couples who filed that particular suit do not have standing because they have not married in any state. According to Justice Department spokesman Charles Miller this is the first time the federal government has directly defended the legality of DOMA in court.

Meanwhile, there are other suits in the pipeline. The
Starbanner reports Attorney Ellis Rubin has filed lawsuits in a variety of Florida jurisdictions. One suit has been filed on behalf of a lesbian couple from Bradenton who married in Massachusetts.

New Mexico: The Sandoval County Clerk Victoria Dunlap appears to have lost a round to resume issuing licenses to same sex couples. Dunlop will appeal. More at 365Gay.com.

Oregon: Today, the SeattlePI.com reports the Benton County Board of Commissioners in Washington state will resume issuing marriage licenses, but evidently not to same sex couples. Benton County had stopped issuing marriage licenses to altogether after a judge ordered them to stop issuing marriage licenses to same sex couples.

Virginia: A Frederic County, Virginia judge has ruled a Vermont marriage is irrelevant in a custody suit filed in Virginia. This ruling is criticized in a Washington Post opinion column carried at the DailyCamera, which states:

Whether Virginia must honor Vermont’s civil unions was not at issue; federal law makes clear that it does not have to. But federal law also makes clear that no Virginia court can interfere in an ongoing custody case in another state, whether the dispute involves the dissolution of a marriage, unmarried people, grandparents or members of Vermont’s civil unions.

They also suggest this “decision ought to be reversed on appeal.”

Legislation
The California Legislature has approved three pro-LGBT bills and two resolutions. Governor Schwarzenegger is expected to sign at the three of the bills; the resolutions do not require signatures. To read some details about the bills and resolutions visit 365gay.com.

For a more general round up, including both older and newer stories, see StatelineOrg.com’s August 26, 2004 article.

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I posted and later updated to add Conn. and Ohio news.

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