Same-Sex Marriage Update

[MsTinkerbelly]

Tomorrow’s NYTimes editorializes for lifting the stay on Judge Walker’s Prop 8 ruling
By Adam Bink

Brilliant editorial. It dovetails exactly with what we’ve been arguing here:

Seven months have passed since Proposition 8, California’s voter-approved ban on same-sex marriages, was ruled unconstitutional by a federal judge in San Francisco following a much-publicized trial that turned up no evidence to justify the measure’s denial of equal protection and due process.

Yet the 2008 initiative continues to inflict serious harm on same-sex couples and their families thanks to a court order that prevents gay men and lesbians from marrying in California while the case is being appealed. That stay should be lifted now.

The appeal was argued in December before a three-judge panel of the United States Court of Appeals for the Ninth Circuit. It could be many more months before the panel rules. In February, it asked the California Supreme Court to resolve a procedural question regarding the standing of the initiative’s sponsor to bring the appeal. The state’s top court has said it will not even hold a hearing on the issue until September, at the earliest.

In legal papers filed last week, lawyers challenging Proposition 8 took note of the “serious, lasting, and irreparable damage to gay men and lesbians who wish to marry” caused by this extended timetable and called on the federal court to lift its injunction.

The stay should never have been granted in the first place. Applying traditional legal criteria, the extraordinary relief of a stay is only warranted when the applicant makes a strong showing of likely success on the merits and of irreparable injury in the absence of a stay — two arguments that cannot be satisfied here.

As the trial judge’s ruling affirmed, the denial of marriage equality furthers no legitimate governmental aim. And defenders of Proposition 8 can point to no real injury they would suffer if gay men and lesbians are permitted to wed.

Every day same-sex couples are denied their right to marry is another day of injustice for them and their families. Couples who wish to wed knowing that the appellate court could decide to uphold Proposition 8’s ban should be allowed to take that chance.

Personally, I am just shaking my head. I’m not sure I could have written a better editorial myself. Our arguments are resonating. Our stories of discrimination- like Courage Campaign members Shane and John‘s on ABC News, and Ed and Derence‘s in The Washington Post, The Advocate, and many other places- are resonating in the media. And tomorrow, a huge section of this nation will read it.

If you haven’t given to our fundraiser to keep P8TT going and keep building our work to result in outcomes like these, we’re about $4,000 short. That’s 80 people giving $50. We’re making progress. Please contribute. And ask a few friends to. Even better, become a monthly donor. We’re making a difference

[Jess]

we're still waiting...

[MsTinkerbelly]

Happy anniversary from DC
By Adam Bink

I picked up today’s copy of The Washington Post, to find a very fun article on the front of the local section:

Same-sex couples lead to marriage licenses doubling

An unusual thing happened on the way to the altar in the District over the past 12 months.

At least as many same-sex couples as heterosexual couples – and possibly more – appear to have applied for marriage licenses since gay marriage was legalized in the city last March.

The total number of applications more than doubled since the first same-sex couples lined up to get their licenses, from about 3,100 in the previous year to 6,600 during the past 12 months, said Leah H. Gurowitz, spokeswoman for D.C. Superior Court, which issues the licenses.

Although the court does not differentiate between same-sex and heterosexual couples in its record-keeping, in previous years the number of applications varied by only 100 or less. So virtually all the increase is due to same-sex couples, Gurowitz said.

Not everyone who got a marriage license lived in the District. Many couples came from Maryland, Virginia, West Virginia, Delaware and other states farther afield.

The court doesn’t keep track of how many couples actually wed. The licenses have no expiration date, and the only requirement is that the marriage be performed within District boundaries.

Wednesday is the first anniversary of the city’s first same-sex weddings.

And the fire and brimstone is raining down from the sky!

The article goes on to include some stories of couples and how their lives have (and haven’t) changed. The last paragraphs I found really telling. Here’s Rocky Galloway, who married his partner:

He said they have faced no discrimination or criticism for getting married. “It’s been interesting meeting people, like when we’re with the kids, and they assume that you are in a heterosexual relationship and you correct them and say ‘My partner is male.’ They get right through it,” he said. “That is to the credit of the advocacy groups and the people of D.C. and the fact that we are very transient and many, many cultures come to live in this area. We’re more open and embracing than some.”

He acknowledged that there are still detractors, those who believe that marriage should be between a man and a woman and gay unions should have another name.

“I understand what they are saying, but by giving it a different name, they would be making it different and there should be no difference,” he said. “When you call it something different, that makes it different. States and municipalities that have domestic partnership laws define those relationships as something different. With marriage, people understand the level of commitment involved. That’s what I love about the term ‘marriage equality’ – it is giving others the same rights.”

[Soon]

Brendon Ayanbadejo, Ravens Linebacker, Speaks In Favor Of Gay Marriage (VIDEO)

[iamkeri1]

Brendan is an incredibly well spoken young man. Thank you to all who work to change attitudes against us.

Fortunately, as displayed in this clip, sometimes the opposition works against itself.
Smooches,
Couldn't get this to embed, so here's the link. American Family Assoc lawyers calls DOMA unconstitutional!
http://bit.ly/dDZJSq

[Starbuck]

Hi everyone, follow this link to Take The Pledge: http://www.freedomtomarry.org/page/s/pledge
The Pledge:

I add my voice to those supporting the freedom to marry.

I pledge to work to enable same-sex couples and their families to share equally in the responsibilities, protections, and commitment of marriage.

[MsTinkerbelly]

BREAKING: 9th Circuit denies motion to lift stay on Judge Walker’s Prop 8 ruling
By Adam Bink

Just came in: the 9th Circuit refused to accept the Plaintiffs’ motion to vacate the stay pending appeal.

United States Court of Appeals for the Ninth Circuit

Notice of Docket Activity

The following transaction was entered on 03/23/2011 at 10:58:31 AM PDT and filed on 03/23/2011

Case Name: Kristin Perry, et al v. Edmund G. Brown, Jr., et al
Case Number: 10-16696
Document(s): Document(s)

Docket Text:
Filed order (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.



The 9th Circuit decided that six months, likely more, to force couples to wait while the California Supreme Court drags its feet over summer recess, is acceptable. Including couples like Ed and Derence:


Even though there has been no harm caused to the state since 18,000+ couples married in 2008. Despite the benefit to businesses small and large. Despite the need for same-sex couples to be as equal as anyone else. Appalling