What is new on the Gay Marriage front?

[Alnitak]

In a BREAKING Facebook post, Equality on Trial reports that the 10th Circuit denied a stay for the 3rd time. As scream4ever pointed out, we are very fortunate given the conservative background these judges have.

Anyway, marriages will continue in Utah through the appeals process.

Merry Christmas everyone!

 

[Alnitak]

Besides denying a stay for the final time, the 10th Circuit has also ordered an "expedited consideration" of the appeal.

http://www.scribd.com/doc/193388309/13-4178-ORDER-Stay-DENIED

Should the eventual 10th Circuit decision come ahead of Nevada, this could be the case that goes to the Supreme Court.

 

[Kulindahr]

In a BREAKING Facebook post, Equality on Trial reports that the 10th Circuit denied a stay for the 3rd time. As scream4ever pointed out, we are very fortunate given the conservative background these judges have.

Anyway, marriages will continue in Utah through the appeals process.

Merry Christmas everyone!

And, wonder of wonders, part of the reasoning for denying the stay was a statement by the court that the state's appeal is unlikely to prevail!


I heard that on the tube as I was walking through the living room, and did a little dance.

 

[Alnitak]

And, wonder of wonders, part of the reasoning for denying the stay was a statement by the court that the state's appeal is unlikely to prevail!


I heard that on the tube as I was walking through the living room, and did a little dance.

That's right, and victory on appeal doesn't mean just Utah, but Colorado, Wyoming, Kansas, and Oklahoma as well.

 

[Rolyo85]

That's right, and victory on appeal doesn't mean just Utah, but Colorado, Wyoming, Kansas, and Oklahoma as well.

Meaning if the appeal fails, those will automatically join us? Oh how the haters will squeal!

 

[Alnitak]

Meaning if the appeal fails, those will automatically join us? Oh how the haters will squeal!

That's right, and if SCOTUS denies certiorari as well.

Have a look at the map. I think we will gain the 9th and 4th circuit courts of appeals as well.

 

[Kulindahr]

That's right, and if SCOTUS denies certiorari as well.

Have a look at the map. I think we will gain the 9th and 4th circuit courts of appeals as well.

It's nice to look at that map from time to time. It's easy to forget the larger context.

 

[scream4ever]

I think we will nab the 3rd too, or at least Pennsylvania will be ruled in our favor, effectively making it legal in every state in the circuit.

 

[chrisrobin]

.
http://finance.yahoo.com/news/gay-marriages-latest-frontier-state-115851245.html

Gay marriage's latest frontier: state courts

"The ruling has had a symbolic impact already," Jon Davidson, director of Lambda Legal, which pursues litigation on LGBT issues nationwide. "It is recognition that the nation's attitudes, from public to legislative to judicial, are changing very rapidly in all parts of the country."
"And the opponents, many of them, are moving on," said William Eskridge, a professor at Yale Law School. "We are not seeing the same kind of Armageddon rhetoric we saw in the 1990s."

Also, if it happened in Utah (conservative and heavily Mormon) it can happen anywhere!

When the neocons were preaching "states' rights" if state court rulings of marriage equality also are based on states' rights, the neocons will no longer be able to use that argument. I'll bet they'll use it anyway.

 

[rareboy]

^ Watch the neo-cons start yammering that this is a federal legislative issue if they think they can win Congress.

 

[Alnitak]

.
http://finance.yahoo.com/news/gay-marriages-latest-frontier-state-115851245.html

Gay marriage's latest frontier: [STRIKE]state[/STRIKE] Federal courts

Misleading headline, but maybe people don't know the difference, and it's not entirely true because there are at least six feasible contenders for amendment repeals.

We are more or less done with state courts with only a few exceptions, e.g. Pennsylvania.

Of the 23 ongoing cases against state DOMAs, 20 of them are in federal courts, and two of those are in courts of appeals. Of the three state court challenges, only one is in a place without a constitutional amendment, while the other two are federal challenges in state court, but that may be a smart choice of venue in Arkansas where we have had consistent victories on family rights.

Also, if it happened in Utah (conservative and heavily Mormon) it can happen anywhere!

That's the idea.

Over the course of the next year we will see unpredictable, shocking, and unprecedented victories. In addition, the ultimate path to the Supreme Court will become clearer.

The only thing that we can say with near certainty is that Oregon will repeal its amendment in November. Again, it's likely that we will have many federal court victories as well, potentially surpassing this years' progress. There will be several more countries, e.g. Scotland, but also possibly including some of the first in Southeast Asia, e.g. Taiwan, Vietnam, Thailand... but we'll see.

 

[Alnitak]

^ Watch the neo-cons start yammering that this is a federal legislative issue if they think they can win Congress.

They can't because there is no such thing as a federal marriage.

Rep. Timothy Huelskamp (R-OK) already reintroduced the Federal Marriage Amendment, but it doesn't even have a quarter of the House Republicans as cosponsors.

 

[scream4ever]

That's the idea.

Over the course of the next year we will see unpredictable, shocking, and unprecedented victories. In addition, the ultimate path to the Supreme Court will become clearer.

The only thing that we can say with near certainty is that Oregon will repeal its amendment in November. Again, it's likely that we will have many federal court victories as well, potentially surpassing this years' progress. There will be several more countries, e.g. Scotland, but also possibly including some of the first in Southeast Asia, e.g. Taiwan, Vietnam, Thailand... but we'll see.

Scotland, Luxembourg, and Finland will likely legalize it in the first few months of 2015. We also may see surprises in Germany, Australia, and Colombia. Nepal has also once again become a contender since a pro-LGBT parliament has been elected and the country is showing stability.

 

[Kulindahr]

^ Watch the neo-cons start yammering that this is a federal legislative issue if they think they can win Congress.

Congress tried that and the law was gutted.

 

[Kulindahr]

They can't because there is no such thing as a federal marriage.

That's something the latest opinion/ruling took pains to make very clear: not only is there no such things as a federal definition of marriage, there's not going to be, either.

 

[Alnitak]

Good summaries on nine of the battles

http://www.csmonitor.com/USA/Politics/2013/0702/Gay-marriage-battlegrounds-9-states-to-watch/Oregon

I would say the left out Virginia though...

 

[Alnitak]

It's sort of a sperm and egg race now. Reviewing the 24 cases on Plainsite and elsewhere, they are all moving forward with briefing and discovery schedules. Many have even had motions for preliminary injunctions as Texas has and summary judgments as the cases in Virginia have.

So much is going on behind the scenes that it is already a part time job for me to keep track of. I won't post every little thing that happens, but don't worry major stuff will be enough to post about.

In any event, one case is destined to mate with the Supreme Court, if not Utah, if not Nevada, then Virginia or Texas. Utah in particular has changed everything, and if the denial of a stay means anything we will win at the conservative 10th Circuit. Thus the Supreme Court can't ignore the post-Windsor aftermath forever. I think they know it and want to deal with it, especially because of Utah, which is why they will take its or Nevada's appeal in October.

 

[Kulindahr]

It's sort of a sperm and egg race now. Reviewing the 24 cases on Plainsite and elsewhere, they are all moving forward with briefing and discovery schedules. Many have even had motions for preliminary injunctions as Texas has and summary judgments as the cases in Virginia have.

So much is going on behind the scenes that it is already a part time job for me to keep track of. I won't post every little thing that happens, but don't worry major stuff will be enough to post about.

In any event, one case is destined to mate with the Supreme Court, if not Utah, if not Nevada, then Virginia or Texas. Utah in particular has changed everything, and if the denial of a stay means anything we will win at the conservative 10th Circuit. Thus the Supreme Court can't ignore the post-Windsor aftermath forever. I think they know it and want to deal with it, especially because of Utah, which is why they will take its or Nevada's appeal in October.

I have a nagging suspicion that SCOTUS has decided this is inevitable, and they actually want to take a case so they can give approval to same-sex marriage while using the opportunity to slam the door or any further marriage equality.

 

[Alnitak]

I have a nagging suspicion that SCOTUS has decided this is inevitable, and they actually want to take a case so they can give approval to same-sex marriage while using the opportunity to slam the door or any further marriage equality.

I am discounting that entirely, because the court will not and cannot rule on a question that is not directly before it. To the matter you are alluding to, the cohabitation case currently on appeal probably won't even be granted cert because the appellants will lose.

On the question of plural marriage, remember that a poor and socially undesirable man, who would be represented ex rel. by the state, has a perfectly valid defense, i.e. that he much of a right - also based on an equality argument - to a equal chance at finding a spouse as someone in an unfairly advantageous position, i.e. endowed with resources, who is a serial collector of them.

 

[scream4ever]

It's sort of a sperm and egg race now. Reviewing the 24 cases on Plainsite and elsewhere, they are all moving forward with briefing and discovery schedules. Many have even had motions for preliminary injunctions as Texas has and summary judgments as the cases in Virginia have.

So much is going on behind the scenes that it is already a part time job for me to keep track of. I won't post every little thing that happens, but don't worry major stuff will be enough to post about.

In any event, one case is destined to mate with the Supreme Court, if not Utah, if not Nevada, then Virginia or Texas. Utah in particular has changed everything, and if the denial of a stay means anything we will win at the conservative 10th Circuit. Thus the Supreme Court can't ignore the post-Windsor aftermath forever. I think they know it and want to deal with it, especially because of Utah, which is why they will take its or Nevada's appeal in October.

I'm not sure if I'd call the 10th Circuit conservative (5 Dem appointments vs 5 Rep appointments), but I guess it would be compared to the others we've dealt with prior. Depending on how fast the cases all move forward, the Supreme Court may actually deny cert with those out of Nevada and Utah, in anticipation of an appeals court ruling against us (likely the 5th and/or the 6th).