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Marriages Of Transgender People Ruled Valid By Courts In Arizona And California


Recognition of gender identity as well as transgender people’s right to marry and have children. An Arizona Appeals Court ruled today that the marriage of Thomas Beatie and Nancy J. Beatie was indeed valid, and could thus be dissolved via divorce. A previous court had ruled that Beatie was legally female because he had not been sterilized and because he had given birth to the couple’s children, and therefore held their marriage was invalid because of Arizona’s ban on same-sex marriage.

Read the whole story at Transgender Law Center


Appeals court won’t grant stay of Va. same-sex marriage ruling

Appeals court won’t grant stay of Va. same-sex marriage ruling

Without intervention from the U.S. Supreme Court, same-sex couples could begin marrying in Virginia next week

 welcome to virginia


RICHMOND, Va. — A federal appeals court refused Wednesday to delay its ruling striking down Virginia’s same-sex marriage ban, which means that same-sex couples could begin marrying in the state as early as next week.

The state would also need to start recognizing marriages from out of state by next Wednesday, assuming the U.S. Supreme Court does not intervene.

A county clerk in northern Virginia had asked the 4th U.S. Circuit Court of Appeals in Richmond to stay its decision, issued in late July, while it is appealed to the high court. The appeals court’s order did not explain why it denied that request.

While clerks in other states within the 4th Circuit – West Virginia and the Carolinas – wouldn’t technically have to begin issuing licenses as well, federal courts in the state would likely make them if they don’t, said Nancy Leong, a law professor at the University of Denver. Maryland, another state in the circuit, already allows same-sex marriages.

The 4th Circuit decision “shows that there’s no longer a justification to keep same-sex couples from marrying,” Leong said. “Given how many different judges in so many different parts of the country … have reached the same result, it seems highly likely that the plaintiffs will ultimately prevail on the merits, and I think that, in turn, explains why the 4th Circuit was not willing to grant a stay.”

Ken Connelly, legal counsel for Alliance Defending Freedom, which is representing Prince William County Clerk of Court Michele B. McQuigg in the case, said the group will seek an emergency stay from the nation’s highest court “as soon as possible.” That request will go to Chief Justice John Roberts, who is responsible for the 4th Circuit.

Connelly said he expects the stay to be granted, “given that there isn’t any substantive difference” between the Virginia case and a federal case in Utah, in which the Supreme Court has twice granted delays in the state’s fight to keep its same-sex marriage ban.But Adam Umhoefer, executive director of the American Foundation for Equal Rights, which argued against Virginia’s gay marriage ban, said “Virginia’s loving, committed gay and lesbian couples and their children should not be asked to wait one more day for their fundamental right to marry.”

Virginia voters approved a constitutional amendment in 2006 that banned gay marriage and prohibited the recognition of such marriages performed in other states. The appeals court ruling overturning that ban was the third such ruling by a federal appeals court and the first in the South.

Virginia Attorney General Mark Herring – who has said he will not defend the state’s ban and believes the courts ruled correctly in striking it down – asked the Supreme Court last week to review a lower court’s decision striking down the state’s ban.

Herring said he believes the case will prove compelling to the high court because of the “stringent, discriminatory nature of Virginia’s marriage ban” and other factors.

A panel of the 6th U.S. Circuit Court of Appeals in Cincinnati last week considered arguments regarding six cases from Michigan, Ohio, Kentucky and Tennessee.

Some observers have said the 6th Circuit may be the first to uphold statewide gay marriage bans after more than 20 rulings in the past eight months striking them down.

The order is here.

Developing story. This report will be updated.

© 2014, Associated Press, All Rights Reserved.

Utah files same-sex marriage appeal to U.S. Supreme Court

Utah files same-sex marriage appeal to U.S. Supreme Court

us supreme court

SALT LAKE CITY — The state of Utah filed its appeal of a gay marriage ruling to the U.S. Supreme Court on Tuesday, becoming the first state to ask the justices to review a state same-sex marriageban since the high court struck down part of the federal Defense of Marriage Act last year.

Utah officials announced last month they would take the state’s case directly to the high court rather than seek a review from the appeals court that in June ruled states cannot deprive gay and lesbian couples of the fundamental right to marry. That decision upheld a December ruling by a federal judge overturning Utah’s ban.

The unanswered and “immensely important” question before the Supreme Court is whether the 14th Amendment prohibits state same-sex marriage bans, the state wrote in its filing.

“The issue presented has been ‘percolating’ for 40 years. Dozens of cases are challenging state marriage laws, and erratic use of stays has created legal chaos,” the state wrote. “It comes down to this: Thousands of couples are unconstitutionally being denied the right to marry, or millions of voters are being disenfranchised of their vote to define marriage. Either way, the court’s review is necessary, and this case is the right vehicle to do so.”

Peggy Tomsic, lead attorney for the three gay and lesbian couples who sued Utah, said in a statement that they “vehemently disagree with the notion that states can deny one of the most foundational rights to the millions of same-sex couples living across this great land.”

Utah attorney general Sean Reyes said in a statement that he has a responsibility to defend the state constitution and hopes the case is resolved quickly.

If the U.S. Supreme court decides to take the case, it would be the first time the top court considers gay marriage since justices struck down part of a law that that prohibited the federal government from recognizing same-sex marriage. Since then, courts around the country have ruled in favor of gay marriage in more than 20 cases.

The high court is under no obligation to take Utah’s case, and it could wait for more rulings from other appellate courts with gay marriage cases pending, legal scholars say.

The 4th U.S. Circuit Court of Appeals ruled last week that Virginia’s state’s voter-approved prohibition on gay marriage is unconstitutional. Virginia Attorney General Mark Herring said Tuesday his state also plans to go to the Supreme Court to review that ruling.

Arguments are scheduled for August and September in three different appellate courts for cases out of Michigan, Ohio, Kentucky,Tennessee, Nevada, Idaho, Wisconsin and Indiana.

In any of the appellate cases, the losing party can appeal directly to the Supreme Court, or first ask for the entire appellate court to review the ruling.

Legal experts say the Supreme Court eventually will take a gay marriage case after one or more appeals court rulings, but that won’t happen until 2015 at the earliest.

The petition is here.

© 2014, Associated Press, All Rights Reserved.

Attorney Generals are starting to understand: Marriage Discrimination is indefensible


It may not even be that some of these attorney generals are pro same-sex marriage.  It’s simply a losing battle.  There is no valid argument for discriminating against love between two people.


Indiana governor tells state agencies to ignore same-sex marriages

INDIANAPOLIS — Indiana Gov. Mike Pence’s office is telling state agencies act as if no gay marriages had been performed during three days following a federal court order.

Gov. Mike Pence (R-Ind.)

Gov. Mike Pence (R-Ind.)

The memo from the governor’s chief counsel tells executive branch agencies to execute their functions as though the June 25 court order had not been issued.

A federal judge in Indianapolis struck down the state’s gay marriage ban as unconstitutional that day, leading to hundreds of same-sex marriages around the state.

But an appeals court stayed that ruling three days later after an appeal from the state attorney general’s office.

The governor’s office told agencies to only recognize the out-of-state marriage of Amy Sandler and Nikole Quasney of Munster, in line with the appellate court order. Quasney is dying of ovarian cancer.

This is a developing story, check back for updates.

© 2014, Associated Press, All Rights Reserved.

Attorneys ask judge to decide Ariz. same-sex marriage case without trial

PHOENIX — Attorneys for the state of Arizona and a group of gay and lesbian couples who sued over the state’s ban on same-sex marriage want a federal judge to decide the case without a trial.

ArizonaThe attorneys told U.S. District Court Judge John W. Sedwick on Monday they think he can instead rule based on arguments each side will file in the coming months.

The couples argue that the U.S. Constitution’s equal protection and due process clauses are violated by the state law barring them from being married.

The case will be heard after the 9th U.S. Circuit Court of Appeals hears appeals from Idaho and Nevada in September on cases from those states.

A federal judge struck down Idaho’s ban on same-sex marriage in May. Another federal judge upheld Nevada’s ban in 2012.

The cases are Connolly v. Roche and Majors v. Horne.

© 2014, Associated Press, All Rights Reserved.

Nintendo: Same-sex marriage in video game was ‘unintentional, game-breaking bug’ ·

Nintendo: Same-sex marriage in video game was ‘unintentional, game-breaking bug’

Of course they would remove it.


Read more about it in this article:

Nintendo has said that the inclusion of same-sex marriage in a video game last year was a ‘critical bug’.

Last May, the Japanese release of Tomadachi Collection: New Life for 3DS generated controversy, as some players were able to marry two male characters.

Nintendo quickly worked to remove the feature and only allow marriages between opposite characters, in the patch notes listing a fix for a bug where “human relations become strange”.

A Nintendo spokesperson today told blogger Wesley Copeland: “Same-sex relationships were not possible in the original software.

Read the rest of this entry

Video: Former GOP Senator Stars In New Ad Promoting Marriage Equality

Alan K. Simpson

Alan K. Simpson

Former Sen. Alan Simpson (R-Wyo.) stars in a new ad making the conservative case for the legalization of same-sex marriage, as a federal appeals court prepares to take up the issue.

“I was raised here, Cody, Wyoming,” says Simpson in the spot. “It was a town of western values: independence, freedom. I’m a Republican and the party’s basic core is government out of your life and the right to be left alone. Whether you’re gay or lesbian or straight, if you love someone, and you want to marry them, marry them.”

“I have had a wonderful married life, why shouldn’t somebody else have the joy of marriage? Live and let live,” he adds. “It is very simple.”

Continue reading here: Original Post

For more information about the former Senator Simpson

BREAKING: Historic Ruling for Marriage Equality in Virginia

BREAKING: Historic Ruling for Marriage Equality in Virginia


A federal judge in Virginia has upheld the fundamental right of ALL Americans – including same-sex couples – to marry the person they love.

Like recent decisions in Utah and Oklahoma, the ruling declared Virginia’s ban on marriage for same-sex couples unconstitutional (though marriages remain on hold as the case goes through the appeal process). These cases could go all the way to the U.S. Supreme Court and change our country forever. And without the hard work of the couples who served as plaintiffs in this case, this clear sign of progress would have never been possible.

Thank the plaintiffs in the Virginia marriage ruling case!

Join HRC in thanking the brave plaintiffs in this case:

Read more:

Missouri governor allows same-sex couples to file joint tax returns


Missouri Gov. Jay Nixon (D) said Thursday that he would sign an executive order to allow gay and lesbian couples who were legally married in other states to file joint tax returns with the state Department of Revenue, a move likely to prompt a legislative reaction from the Republican-dominated legislature.

Nixon told reporters Thursday that because the couples will be able to file joint returns with the Internal Revenue Service, the Missouri Department of Revenue should accept those returns as well.

The Treasury Department and the IRS ruled in August that legally married same-sex couples could file joint returns after a Supreme Court decision in June overturned a provision of the Defense of Marriage Act.

Nixon, a conservative Democrat serving his second term, said the move wasn’t about defining marriage. He said because taxpayers have to file federal tax forms with the state Revenue Department, allowing gay couples to file with the state “is the only appropriate course of action.”

Read more at:

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