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What is new on the Gay Marriage front?

This is sort of like watching a small tsunami: things swirling in different directions, some things inexplicably standing still, while unseen currents underneath hold the key to what's coming.
 
They learned from NOM's Oregon fiasco that when the Gov and AG are arguing against you, you lose.
 
How can SC's AG and Governor fly against a ruling in the Circuit Court? Doesn't that mean that they are deliberately disobeying a court order from above them? It never ceases to amaze me how right-wingers feel they have the prerogative to simply say "no" to things they don't like, and get away with it!
 
Teddybear71 said:
How can SC's AG and Governor fly against a ruling in the [STRIKE]Circuit Court[/STRIKE] [court of appeals]? Doesn't that mean that they are deliberately disobeying a court order from above them? It never ceases to amaze me how right-wingers feel they have the prerogative to simply say "no" to things they don't like, and get away with it!
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Virginia received the orders, not South Carolina.

It's petty, but they are within their legal right to continue their defense.
 
WYOMING may hold a dispositive hearing October 16:

This just in: Coming on the heels of a new Wyoming marriage case filed in federal court on Tuesday, today, U.S. District Court Judge Scott W. Skavdahl of the District of Wyoming announced that he will hold a hearing on the case on Thursday, October 16th.
....
Two of the cases that were before the case—Utah’s and Oklahoma’s-—had previously had pro-marriage rulings at the 10th Circuit Court of Appeals, which also has jurisdiction over Wyoming. The plaintiffs in the case argue that since precedent has already been set by the 10th Circuit and the U.S. Supreme Court refused to review either ruling, Wyoming’s marriage ban is in clear violation of the 10th Circuit ruling.

http://www.wyomingunites.org/Hearing
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In June 2013 the New York Times did a background piece on Wyoming:

In Conservative Wyoming, Signs of a Thaw on Same-Sex Marriage
 
Teddybear71 said:
How can SC's AG and Governor fly against a ruling in the Circuit Court? Doesn't that mean that they are deliberately disobeying a court order from above them? It never ceases to amaze me how right-wingers feel they have the prerogative to simply say "no" to things they don't like, and get away with it!
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As Alintak stated, the order applied to VA's ban, not South Carolina's.
At this point though, they are merely being George Wallace standing in the schoolhouse door.
 
North Carolina is trying to buck the tide of history.

But in states where officials choose to keep fighting — including, so far, Kansas, North Carolina, South Carolina and Wyoming — a federal district court would have to take formal action to strike down bans.

In each of these states, a federal lawsuit challenging marriage restrictions was already in the courts. Now, gay-rights advocates are asking judges for quick findings in their favor, while officials are responding that the higher-court rulings do not necessarily apply or that they should have new chances to appeal to the Supreme Court.

North Carolina legislators, for example, argued in a court brief on Thursday that the decision of the Fourth Circuit appeals court striking down Virginia’s ban on same-sex marriage should not be controlling because Virginia’s attorney general had conceded the case from the start.
....
In North Carolina on Wednesday night, the American Civil Liberties Union asked the federal court hearing existing marriage cases to render an immediate judgment permitting same-sex marriage.

The state’s attorney general is not opposing the measure. But leaders in the legislature are, and they hired John C. Eastman, a conservative legal expert from California, to help. They filed a countermotion on Thursday to ensure “that the choice made by North Carolina voters receives its day in court.”

http://www.nytimes.com/2014/10/10/u...cedes-and-south-carolina-persists.html?ref=us
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Ninja108 said:
As Alintak stated, the order applied to VA's ban, not South Carolina's.
At this point though, they are merely being George Wallace standing in the schoolhouse door.
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Exactly! Politically, they feel they have to say they "tried" everything, no matter how remote a chance.
 
marriage.png
 
Couples are painfully waiting outside courthouses all across North Carolina. An order in compliance with the 4th Circuit is anticipated any moment from Judge Osteen.

Bzms0m5IMAAXXaC.jpg
 
Alnitak said:
marriage.png
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At the time of Loving vs. Virginia in 1967, there were only 17 states that prohibited interracial marriage. 33 states allowed it. But SCOTUS nevertheless felt compelled to rule on it (which it did unanimously, of course).

At least until last week, if you looked at the map of those states which prohibited interracial marriage in 1966, it roughly correlated with those states prohibiting gay marriage today.
 
Cancelling out action in Post #1731

Kansas Attorney General Asks State High Court To Stop Same-Sex Marriages
A local judge ordered same-sex couples to be allowed to marry in Johnson County, Kansas earlier this week. “I have concluded the Judge’s decision to order the issuance of licenses is unlawful and I now have no choice but to ask the Kansas Supreme Court to set it aside,” Kansas Attorney General Derek Schmidt says.
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I wondered when this was going to happen.
 
A state supreme court can make the law more restrictive than a federal court of appeals on a federal question, but not less, unless the order comes directly from the only higher court with appellate jurisdiction from state courts, which is of course the US Supreme Court. In other words, the Kansas Supreme Court can stop the marriages unless a federal court in Kansas says otherwise. It could also say issue the licenses even if a federal court says no, unless that order comes from the US Supreme Court.
 
Alnitak said:
A state supreme court can make the law more restrictive than a federal court of appeals on a federal question, but not less, unless the order comes directly from the only higher court with appellate jurisdiction from state courts, which is of course the US Supreme Court. In other words, the Kansas Supreme Court can stop the marriages unless a federal court in Kansas says otherwise. It could also say issue the licenses even if a federal court says no, unless that order comes from the US Supreme Court.
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It appears that no one in Kansas thought to file a suit challenging the ban.

Judge Kevin Moriarty issued his order after the U.S. Supreme Court had refused to hear appeals from five other states seeking to preserve their gay-marriage bans. The states included Utah and Oklahoma, which are in the same federal appeals court circuit as Kansas, but there is no pending federal or state lawsuit directly challenging Kansas’ ban on gay marriage.

http://cjonline.com/news/2014-10-10...s-state-supreme-court-block-same-sex-marriage [Topeka Capital-Journal]
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