Staff Reports
Speaker Boehner Orders Appeal In California DOMA Case Ruling
SAN FRANCISCO -- In a court filing Friday with the U. S. Ninth Circuit Court Of Appeals, a group of congressional Republicans defending the federal same-sex marriage ban- known as the Defence of Marriage Act or DOMA- filed an appeal of U.S. District Judge Jeffrey White's finding that Section Three of DOMA is unconstitutional.
With Friday's filing, the 9th Circuit will become the second federal appeals court to now consider the constitutionality of DOMA. In his decision earlier this week, Judge White concluded the federal law violates equal protection rights because it denies the same benefits available to heterosexual couples.
The ruling came in the case of Karen Golinski and Amy Cunninghis, a San Francisco couple married in the brief window of time when same-sex marriages were legal in California prior to the 2008 passage of Proposition 8. Golinski, a lawyer, argued in her lawsuit that she was unable to secure health benefits because of DOMA's restrictions. The Obama Justice Department sided with Golinski in her case, arguing that DOMA is in fact unconstitutional.
Legal analysts predict that with this many DOMA related cases unfolding in several federal courts, the issue will wind up in the U.S. Supreme Court.
The 9th Circuit is also considering an en banc request to reconsider a ruling earlier this month by a three Judge panel of the court that ruled that Proposition 8, California's voter-approved same-sex marriage ban, was unconstitutional.
Efforts To Overturn Maryland Same-Sex Marriage Legislation Begins
Cardinal Edwin O'Brien, head of the Archdiocese of Baltimore told reporters that the Catholic Church would join forces with other religious organisations to defeat the legislation:Delegate Neil Parrott said he filed draft language for a referendum petition with the state board of elections Friday; one day after the Senate joined the House in approving a bill to allow same sex marriages. Governor Martin O’Malley endorses the measure and plans to sign it next week. The board has a week to consider the submission and if it is approved, Parrott and others will begin collecting the 55,736 signatures needed to bring the measure to the November ballot. “The process is started and really the goal is to make sure the citizens of Maryland can vote on this very important bill,” Parrott said.In a statement released Friday, Lisa Polyak, Chairperson of Equality Maryland said: “It’s sad to me that anyone would think that it’s OK to put up the rights of a minority to a popular vote.Parrott also told the AP that he will use the website created for that drive, mdpetitions.com, to bolster signature collection on the same sex marriage bill. “It makes it much easier for people to get involved who could never have gotten involved before,” he said. “Before you had to know someone or know where the petitions were going to be. This allows people from the furthest parts of Maryland to be able to get on their computer and participate in the referendum process.” ~ The Associated Press
"Now, Maryland’s politicians unconscionably have chosen political expediency over the good of society–the fundamental charge of their office–by daring to redefine this sacred union between one man and one woman. Their action poses a grave threat to the future stability of the nuclear family and the society it anchors. The Archdiocese will continue to advocate for the preservation of both and will eagerly and zealously engage its 500,000 members in overturning this radical legislation, and will join with the hundreds of thousands of others in this Archdiocese and throughout Maryland in aggressively protecting the God-given institution of marriage."
Dallas County Texas Judge Says No To Performing Straight Marriages
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| Dallas County Judge Tonya Parker Picture Courtesy of Judge Parker |
DALLAS, TEXAS -- Openly Lesbian Dallas County Judge Tonya Parker says she will not marry heterosexual couples until the state of Texas allows same-sex partners to wed. Parker, who was the first openly lesbian judge elected to the bench in 2010, said to a gathering of Stonewall Democrats in Dallas that it's “oxymoronic” to only be able to perform weddings for a certain group of people.
“It’s kind of oxymoronic for me to perform ceremonies that can’t be performed for me, so I’m not going to do it. I do not perform [marriages] because it is not an equal application of the law. Period.” Parker added 'I use it as my opportunity to give them a lesson about marriage inequality in this state because I feel like I have to tell them why I’m turning them away."
On Thursday, the Judge released a statement offering further clarification on her position:
"I faithfully and fully perform all of my duties as the Presiding Judge of the 116th Civil District Court, where it is my honor to serve the citizens of Dallas County and the parties who have matters before the Court. Performing marriage ceremonies is not a duty that I have as the Presiding Judge of a civil district court.
It is a right and privilege invested in me under the Family Code. I choose not to exercise it, as many other Judges do not exercise it. Because it is not part of our duties, some Judges even charge a fee to perform the ceremonies.
I do not, and would never, impede any person's right to get married."
Maine Marriage Equality Activists Secure Required Number Of Signatures For Second Ballot Referendum
AUGUSTA, MAINE -- Maine’s Secretary of State, Charlie Summers, confirmed Thursday that same-sex marriage advocates had gathered the requisite number of verified signatures to put the measure on the November 2012 ballot for a vote by Maine's citizens.
Equality Maine had gathered 85,000 verified signatures with another 30,000 left to be checked as of Wednesday according to state officials. However, only 57,000 were required for the measure to a state-wide ballot yesterday.
Maine’s legislature passed equal marriage laws in 2009 but, in a state-wide ballot with echoes of Proposition 8, nearly 53% of Maine citizens voted against allowing same-sex marriage reversing the legislative decision before the law took effect.
Marc Solomon, National Campaign Director of Freedom to Marry, issued the following statement in response to the news Friday: “Over the past few years, marriage supporters have been talking to their friends, families, coworkers and neighbors about why marriage matters.
As we work to win at the ballot, Freedom to Marry will be there every step of the way alongside Equality Maine, GLAD, and others to continue telling the stories of why marriage matters to loving, committed gay and lesbian couples in Maine, and secure a win at the ballot this November.”
Betsy Smith, EqualityMaine Executive Director said: “Same-sex couples want to marry for the same reasons other couples want to marry: because they love each other and want to spend their lives together. There’s no question that momentum is growing for same-sex marriage in Maine.”
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2 comments:
Way to go, Judge Parker!
Whether it is for positive reasons, such as the Maine attempt to get equality in marriage, or negative reasons, such as the Maryland efforts to squash marriage equality, I find the whole concept of referendums for this type of thing rather scary.
Whilst it looks like a perfectly good example of democracy in action, the sad reality is that the people are NOT always right. It is altogether too easy to influence people in one direction or another, with falsehood, misinformation, slanted language and hateful rhetoric. The 'freedom of speech' right needs to be tempered with a 'requirement of substantial truth'. As long as lies and deceptions can be spoken as if they are truth, everyone is vulnerable to what essentially amounts to mass mind (opinion) control.
Those with the money and positions to dominate the media will have the strength to unduly influence those who don't have a personal understanding of the situation, and who may be inflamed into removing or restricting or refusing rights to minorities of all kinds.
Remember, the Holocaust by the Nazis was accomplished simply by a terrific speaker, Hitler, swaying the populace. Except for a few neo-Nazis still around, I think we all pretty much agree that that was not a good thing. As I said, the general public is not always right; all the more so if they are ignorant of the facts.
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