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What is new on the Gay Marriage front?

South Carolina may come over this week.

Exclusive – Federal Judge Gergel of Charleston poised to grant S.C. gays the right to marry

Federal Judge Richard Gergel of Charleston has signaled that he likely will rule soon that the U.S. Constitution trumps the state constitution and so nullify a state Supreme Court order that currently bars a Charleston probate judge from issuing a marriage license to two women who want to get married.

In a little-noticed public hearing late last month, Gergel indicated to attorneys for state Attorney General Alan Wilson and Gov. Nikki Haley – who are fighting to deny South Carolina same-sex couples the same rights that heterosexual couples have to get married – that he would quickly overturn South Carolina’s ban on gay marriage.

http://www.thestate.com/2014/11/03/3788090_exclusive-federal-judge-gergel.html?rh=1#storylink=cpy
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All filings in the case are due by noon on Wednesday, the 5th
 
^
The neoliberal position on rights, namely that they are granted by government (meaning that people are the government's property) is starkly evident there.

The right to marry exists; it's merely been held captive.
 
palbert said:
South Carolina may come over this week.



All filings in the case are due by noon on Wednesday, the 5th
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It sounds like the end of the week will bring marriage equality to SC.
 
KANSAS

Tweet from Equality Case Files

"#Kansas!! Fed judge grants prelim injunction w Temporary stay to 11/11 5pm http:********/1ohK6Al @KansasEquality @aclukansas"

B1oAxM_CQAAqFJL.png
 
By time next week, Kansas will have marriage equality and it's about time.
 
Kansas will appeal the decision to the 10th Circuit, en banc.

The State of Kansas continues to have a strong interest in the orderly and final determination of the constitutionality of its prohibitions on same-sex marriage. The state defendants will promptly appeal this decision to the Tenth Circuit Court of Appeals and will ask for consideration by the full Circuit Court. Such a request for en banc consideration was not previously made by either Utah or Oklahoma when their cases were heard by a three-judge panel of the appellate court.

http://ag.ks.gov/media-center/news-...-the-preliminary-injunction-in-marie-v.-moser
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This means the stay will continue.
 
Are we going to see a whole new wave of antigay laws being passed next year?

Hey, if they can do it with abortion, which has already been affirmed by SCOTUS, they can easily do it with an issue which hasn't been fully affirmed by that Court yet.
 
frankfrank said:
Are we going to see a whole new wave of antigay laws being passed next year?

Hey, if they can do it with abortion, which has already been affirmed by SCOTUS, they...
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They are sure as hell are going to try.
 
St. Louis, Missouri

Today, November 5, St. Louis Circuit Judge Rex Burlison ruled that denying the freedom to marry to same-sex couples in Missouri is unconstitutional. The big victory, for now, applies only to St. Louis, but it paves the way for the a statewide decision and marks a historic and joyous day in the Show Me State.

http://www.freedomtomarry.org/blog/...suing-marriage-licenses-after-victory-in-stat
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B1tVri_IEAAzcol.png


Tweet from freedomtomarry:
City officials in #StLouis, #Missouri say they will begin issuing #marriage licenses immediately to same-sex couples http:********/1olvT5h
 
Yeah, if there's one good thing about this, it's forcing SCOTUS to come to a final resolution. Hopefully they do it by June. It would suck to have to wait another year and a half, at least. It sucks having to wait this long for something that should've come about a long time ago.
 
And we can take comfort that we have essentially guaranteed confirmation that there are at least 5 votes in our favor, according to hints by Ruth Bader Ginsberg.
 
Word had it back at the Windsor time that Kennedy was willing to go all the way, but the liberals (Dems) were skittish as that wasn't specifically before them.
 
Not shocked at all by this ruling.
On to SCOTUS we go.
 
I'm guessing a 6-3 ruling with Kennedy and Roberts siding with the more liberal justices. We'll see.
 
scream4ever said:
And we can take comfort that we have essentially guaranteed confirmation that there are at least 5 votes in our favor, according to hints by Ruth Bader Ginsberg.
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It is crazy to assume "there are at least 5 votes in our favor." There aren't.

Kennedy will probably do the right thing, in the end, and support marriage equality. But that is far from certain. He voted against requiring the boy Scouts to admit gays and he has rendered some inexplicably illogical decisions in the past, such as Couer Alasksa and Hobby Lobby (the latter having done significant damage to the gay rights movement).

The argument before the 6th Circuit was not that anti-gay marriage laws violated equal protection, but that marriage was a legal definition reserved to the states. That is an argument that might appeal to Kennedy, who is known as a states-righter.

It's remarkable that there is even a reasonable chance that we could lose this war. Loving v. Virginia in 1967 was unanimous. This is one of the most mediocre courts in history.


Ninja108 said:
I"m going 5-4. I have no hope at all for Roberts.
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I agree. Roberts is a lost cause.

All of this comes down to the decision of a single man, Anthony Kennedy. All we can do is hope he does the right thing.
 
I remember the Boys Scouts case but as far as state rights overall, Kennedy has already shown in Romer and Lawrence he can ignore that logic if he wants.
As for Hobby Lobby, at the route of that is abortion and birth control, something Kennedy has no qualms ruling against us.
IMO, I truly think if Kennedy was going to rule against us, the other four bigots on the court would have granted cert.
They didn't and I think it boils down to Scalia's dissent.
Kennedy is the 5th vote for equality and they know it.
 
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