Did SCOTUS just bless heightened scrutiny?
October 10th, 2014
When Idaho presented its brief explaining why the Ninth Circuit’s ruling overturning the state’s ban on same-sex marriage, it focused on one point. Rather than argue the same tired arguments that have lost across the country and which were insufficient to merit certiorari in the Fourth, Seventh, and Tenth Circuits, Idaho argued that it was the reasoning used in the Ninth, rather than it’s conclusion, which should be reconsidered.
On Tuesday, the Ninth Circuit included in its ruling:
Without the benefit of our decision in SmithKline Beecham Corp. v. Abbott Labs., 740 F.3d 471 (9th Cir. 2014), reh’g en banc denied, 759 F.3d 990 (9th Cir. 2014), the Sevcik district court applied rational basis review and upheld Nevada’s laws. Sevcik v. Sandoval, 911 F. Supp. 2d 996 (D. Nev. 2012). After we decided SmithKline, the Latta district court concluded that heightened scrutiny applied to Idaho’s laws because they discriminated based on sexual orientation, and invalidated them. Latta v. Otter, No. 1:13-CV-00482-CWD, 2014 WL 1909999, at *14–18 (D. Idaho May 13, 2014). We hold that the Idaho and Nevada laws at issue violate the Equal Protection Clause of the Fourteenth Amendment because they deny lesbians and gays who wish to marry persons of the same sex a right they afford to individuals who wish to marry persons of the opposite sex, and do not satisfy the heightened scrutiny standard we adopted in SmithKline.
When the Ninth Circuit decided SmithKline, Abbott Labs chose not to appeal the ruling, specifically because it was their wish to leave the section on heightened scrutiny as precedent and not subject it to potential loss at the Supreme Court. So this assertion by the Ninth has not been considered by the higher court.
Which brings the denial of extended stay by the Supreme Court into a different light. It may be that SCOTUS did not predict any likelihood of Idaho’s ban being upheld irrespective of the degree of scrutiny. Or it may mean that SCOTUS sees no likelihood of the Ninth’s application of heightened scrutiny being reversed.
Kennedy lifts Idaho stay
October 10th, 2014
Dark Purple – states with marriage equality
Light Purple – states in which the circuit court has ruled same-sex marriage bans to be a violation of the US Constitution
On Wednesday, Justice Kennedy temporarily stayed the Ninth Circuit’s ruling overturning Idaho’s ban on same-sex marriages. He allowed Governor Butch Otter time to submit reasoning on why a permanent stay should be applied while the Butch Otter appealed the Ninth’s decision to the Ninth en banc, to the Supreme Court, or to the almighty power of an angry and avenging deity.
The Butch Otter argued that the Ninth incorrectly applied heightened scrutiny and that Baker v. Nelson holds precedent and that he damn well didn’t like the ruling.
Kennedy said, “Meh”. The temporary stay has been lifted. Marriage equality comes to Idaho.
What a Mess (Updated)
October 8th, 2014
My morning would be going smoother if 9th Circuit hadn't issued a single immediate mandate in two differently situated cases yesterday…
— Amanda C. Goad (@ACLUAmanda) October 8, 2014
The Ninth Circuit really stepped into it when, to everyone’s surprise, it preemptively issued a mandate requiring Idaho and Nevada to begin issuing marriage licenses to same-sex couples after ruling that those marriage bans were unconstitutional. As I understand it, mandates like this are typically a last resort act, issued after the winning parties went back home and were unsuccessful in getting the legal entities there to implement the Appeals Court ruling.
In Idaho’s case, that would have meant going to Ninth Circuit panel that issued the stay and ask it to rescind it. That would have given lawyers for Idaho’s Gov. Butch Otter a chance to have their day in court, lodge their intention to appeal and argue that the stay should remain in effect. Otter wasn’t given that day in court, and so it’s pretty easy to see why Kennedy would have slapped the Ninth for short-circuiting the process and overturn the mandate.
As for Nevada, the ordinary path would have been for lawyers for same-sex couples to go back to Federal District Judge Robert C. Jones and petition him to order state officials to begin granting marriage licenses to same-sex couples. Jones had upheld that state’s ban on same-sex marriage in 2012. Jones ordinarily would have had two options. He could have issued the order, or he could have refused to do so. The second option would have seemed unlikely, since the State of Nevada had already said that they weren’t going appeal. But if he had refused to issue such an order, then that ordinary path would have had those lawyers go back to the Ninth to ask for a mandate.
But because the Ninth issued its preemptive mandate on its own initiative, county clerks across Nevada were preparing to begin issuing marriage licenses this morning. But then, Idaho Gov. Otter’s lawyers went to Kennedy to get the mandate overturned, and since the Ninth Circuit combined the two cases into a single mandate “for purposes of disposition,” Kennedy’s overturning of Idaho’s mandate also meant that he overturned Nevada’s mandate as well. Which means that Nevada same-sex couples this morning suddenly found themselves subject to the whims of an Idaho governor, all because the Ninth Circuit’s brash action — and because the Ninth found it too bothersome to type up two separate papers instead of one.
So now the Nevada lawyers were back doing what they ordinarily would have done anyway. They went to Judge Jones and asked him to enforce the Ninth Circuit’s ruling overturning his 2012 ruling and striking down Nevada’s marriage equality ban. Remember those two options I said he had? I left out a third option, the one that he ultimately took: he recused himself this morning and referred the case to the district’s chief judge for reassignment.
Update: Marriages are back on in Nevada.
Justice Kennedy Halts Marriages In Idaho (And Maybe Nevada)
October 8th, 2014
In a very surprising move in a week of surprises, Justice Anthony Kennedy stayed (PDF: 40KB/1 page) the Ninth Circuit Court of Appeals’ mandate requiring Idaho to begin granting marriage licenses to same-sex couples. The stay is “pending further order of the undersigned or of the Court” and orders lawyers for same-sex couples to file a response by 5:00 Thursday.
There are a couple of things to think about here. Narrowly, there’s some speculation about whether there was a procedural error when the Ninth combined the Idaho and Nevada cases when it issued its mandate requiring the two states to begin issuing marriage licenses. The fact that Kennedy’s order referenced both the Nevada and Idaho cases may be a possible hint. But more broadly, while the Supreme Court on Monday decided to turn away cases in five states, it doesn’t mean that a sixth state doesn’t still have a right to appeal. Who knows? Maybe Idaho just might have those compelling arguments that the other cases somehow lacked. I doubt it, but it’s still their legal right to give it a shot.
While Kennedy acted on a request from Idaho, it’s unclear whether his order affects marriages in Nevada as well. Nevada already announced that they would not be seeking an appeal.
Idaho on temporary stay
October 8th, 2014
While Nevada has joyfully cued the violins and baked the cakes, Governor Butch Otter in
Nevada Idaho seems to have won a delay in his state’s implementation of marriage equality. The Butch Otter has appealed to the United States Supreme Court and the justice responsible for granting stay in the Ninth Circuit, Anthony Kennedy, has so granted. (Reuters)
U.S. Supreme Court Justice Anthony Kennedy on Wednesday temporarily blocked an appeals court ruling that struck down Idaho’s gay marriage ban.
The brief order issued by the court said that gay marriage supporters should file a response to the state’s emergency request by 5 p.m. EDT (2100 GMT) on Thursday. The court will then decide whether to issue a more permanent stay. In the meantime, gay marriages in Idaho will not be able to proceed.
This may be but a formality until such time as briefs are filed and reviewed. And while this is disappointing and infuriating, part of our legal system is to allow all parties the right to be heard.
UPDATE: I should point out that the stay (should it be granted further life than tomorrow at 5 pm) is until the Ninth Circuit rules en banc – a larger group of judges – on the matter.
Idaho Marriages May Begin Today But Governor Seeks Stay
October 8th, 2014
Ada County (Boise) Clerk Chris Rich told the Idaho Statesman that he’s ready to begin issuing marriage licenses to same-sex couples when the courthouse opens at 8 a.m. MDT. Rich said that he was acting on instructions from the Idaho Attorney General’s office, which told him to continue issuing licenses “until he hears otherwise.”
That was last night. Early this morning, Idaho Gov. Butch Otter filed a motion with the Ninth Circuit Court of Appeals seeking a stay of the court’s ruling that struck down Idaho’s marriage equality ban as unconstitutional:
“Each same-sex marriage performed will be contrary to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels,” wrote Thomas C. Perry, counsel for the governor, in one of three filings this morning.
A stay would allow the state to seek a review by the entire 9th Circuit Court of Appeals of Tuesday’s ruling by a three-member panel. Perry wrote the state is also prepared to press the matter before the United States Supreme Court.
Whether marriages will actually begin in Idaho this morning is anybody’s guess right now.
The Best Line In All of Legaldom
October 7th, 2014
The Ninth Circuit’s ruling (PDF: 238 KB/43 pages) that struck down marriage bans in Idaho and Nevada included this gem on page 21:
Same-sex marriage, Governor Otter asserts, is part of a shift towards a consent-based, personal relationship model of marriage, which is more adultcentric and less child-centric.12
No, that sentence isn’t it. It’s that tiny little 12 at the end of it, referring to the best damn footnote in all of legaldom:
12 He also states, in conclusory fashion, that allowing same-sex marriage will lead opposite-sex couples to abuse alcohol and drugs, engage in extramarital affairs, take on demanding work schedules, and participate in time-consuming hobbies. We seriously doubt that allowing committed same-sex couples to settle down in legally recognized marriages will drive opposite-sex couples to sex, drugs, and rock-and-roll.
Ninth Circuit adds Nevada and Idaho before the dust even settled
October 7th, 2014
As a consequence of yesterday’s denial of certiorari from the Supreme Court on marriage equality cases, we’ve all predicted that West Virginia, North Carolina, South Carolina, Wyoming, and Kansas would be next. But before judges could even consider, much less issue, rulings on the unconstitutionality of anti-gay marriage bans in those states, the Ninth Circuit has ruled on two more.
Idaho and Nevada have now been added to the marriage equality total.
This is not exactly a shock. After observing the questions presented at the appeals hearing, all pundits agreed that the conclusion was foregone.
Idaho’s ruling overturning their ban – which was fiercely opposed by Gov. Butch Otter (tee-hee) – was upheld. Nevada’s ruling allowing the ban – which was not given support by the state – was reversed.
It is highly unlikely that a stay will be issued. Same sex couples in those states (and casino chapels and Elvis impersonators) can now rejoice.
So now added to the ‘just until the papers are filed’ category are:
(and probably Guam and the Northern Mariana Islands)
Ninth Circuit Temporarily Blocks Idaho Marriages
May 15th, 2014
The Ninth Circuit Court of Appeals has issued a temporary stay of a lower court’s ruling that found Idaho’s ban on same-sex marriages unconstitutional. The lower courts ruling was set to go into effect on Friday at 9:00 a.m., but Gov. Butch Otter filed an emergency request with the Ninth Circuit asking for a stay until the pending appeal is completed. The Ninth Circuit has partially granted that request:
In a one-sentence order, a three-judge panel of the 9th Circuit Court of Appeals wrote, “The district court’s May 13, 2014 order is temporarily stayed pending this court’s disposition of appellants’ emergency motions for a stay pending appeal.”
In other words, the three-panel court (consisting of Judges Edward Leavy, Consuelo Callahan, and Andrew Hurwitz) have decided to issue a temporary stay to give them time to decide whether to keep the stay in place throughout the appeals process.
Judge Denies Idaho Gov’s Request for Marriage Ruling Stay
May 14th, 2014
U.S. Magistrate Judge Candy W. Dale, who yesterday ruled that Idaho’s state constitutional amendment banning same-sex marriage violates the U.S. Constitution, has denied a request by Gov. Butch Otter (stop that, you guys!) to stay the ruling pending a planned appeal to the Ninth Circuit Court of Appeals. Idaho Attorney General Lawrence Wasden and Gov. Otter are expected to file an emergency motion with the Ninth Circuit asking for a stay pending an appeal. Otter and Wasden are optimistic they can get a stay somewhere:
In the request to Dale, Otter’s attorneys said they were convinced that if the judge wouldn’t issue a stay, the 9th Circuit or Supreme Court would.
“That conviction is based on the fact that the Ninth Circuit granted such a stay in the California same-sex marriage’ case, the Sixth district did the same in the Michigan same-sex marriage case, and the United States Supreme Court did the same in the Utah same-sex marriage case,” Otter’s attorneys wrote.
If the Ninth Circuit denies their motion for a stay and the U.S. Supreme Court doesn’t intervene, then same-sex marriages will become legal in Idaho at 9:00 a.m. Friday.
After the ruling, the Idaho Republican Party issued a statement reaffirming the organization’s stance against same-sex marriage, and contending that the Tenth Amendment gives states the power to regulate and define marriage.
“The disintegration of marriage will lead to the disintegration of our society,” Idaho GOP Chairman Barry Peterson said in a prepared statement.
That’s Right. Idaho.
May 13th, 2014
As Timothy already mentioned, U.S. Magistrate Judge Candy Dale has ruled Idaho’s ban on gay marriage is unconstitutional. Judge Dale’s order goes into effect on Friday, May 16 at 9:00 a.m. Her 57-page ruling his here (PDF: 235KB/57 pages). You know it’s going to be a good one when she leads off with this on the front cover:
It is precisely because the issue raised by this case touches the heart of what makes individuals what they are that we should be especially sensitive to the rights of those whose choices upset the majority.
— The Honorable Harry Blackmun 1
1 Bowers v. Hardwick, 478 U.S. 186, 211 (1986) (Blackmun, J., dissenting), overruled by Lawrence v. Texas, 539 U.S. 558 (2003).
She gets right to the heart of one of the main arguments put forward by marriage equality opponents. “This case asks a basic and enduring question about the essence of American government: Whether the will of the majority, based as it often is on sincere beliefs and democratic consensus, may trump the rights of a minority.”
Although 17 states legally recognize same-sex marriages, Idaho is one of many states that has chosen the opposite course. Like courts presiding over similar cases across the country, the Court must examine whether Idaho’s chosen course is constitutional. Significantly, the Supreme Court of the United States recently held that the federal government cannot constitutionally define marriage as a legal union between one man and one woman. United States v. Windsor, 133 S. Ct. 2675 (2013). Writing for the majority in Windsor, Justice Kennedy reasoned the “purpose and effect” of the federal man-woman marriage definition was “to disparage and injure” legally married same-sex couples in derogation of the liberty, due process, and equal protection guaranteed by the Fifth Amendment to the United States Constitution. Id. at 2696. Here, the Court considers a related but distinct question: Do Idaho’s Marriage Laws deny Plaintiffs the due process or equal protection guaranteed by the Fourteenth Amendment to the United States Constitution?
After careful consideration, the Court finds Idaho’s Marriage Laws unconstitutional. This conclusion reaffirms a longstanding maxim underlying our system of government—a state’s broad authority to regulate matters of state concern does not include the power to violate an individual’s protected constitutional rights. See, e.g., id. at 2691 (“State laws defining and regulating marriage, of course, must respect the constitutional rights of persons. . . .”). Idaho’s Marriage Laws deny its gay and lesbian citizens the fundamental right to marry and relegate their families to a stigmatized, second-class status without sufficient reason for doing so. These laws do not withstand any applicable level of constitutional scrutiny.
Judge Dale later went further on the question of scrutiny:
With respect to Plaintiffs’ due process claim, Idaho’s Marriage Laws are subject to strict scrutiny because they infringe upon Plaintiffs’ fundamental right to marry. Under the Equal Protection Clause, Idaho’s Marriage Laws are subject to heightened scrutiny because they intentionally discriminate on the basis of sexual orientation. The Court finds that Idaho’s Marriage Laws do not survive any applicable level of constitutional scrutiny and therefore violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution.
Her acceptance of heightened scrutiny was based on the analysis made by the Ninth Circuit Court of Appeals in the SmithKline case, which “establishes a broadly applicable equal protection principle” for gay people. The Ninth Circuit, in turn, based their decision to apply heightened scrutiny on last summer’s Windsor decision striking down Section 3 of the Defense of Marriage Act. She wrote:
Apart from SmithKline, Plaintiffs also contend Idaho’s Marriage Laws are subject to heightened scrutiny because classifications based on sexual orientation are constitutionally suspect. The Court need not dissect this argument because the Supreme Court has accepted it by implication. If homosexuals are not a suspect or quasi-suspect class, the Supreme Court would have applied rational basis scrutiny in Windsor. But, as recognized in SmithKline, the Supreme Court applied heightened scrutiny. Indeed, the Supreme Court affirmed the Second Circuit without questioning (or even discussing) the lower court’s express holding… The Second Circuit’s holding was both approved and essential to the scrutiny the Supreme Court applied in Windsor. Had the Supreme Court disagreed with the Second Circuit, it would not have applied heightened scrutiny. It is not necessary to repeat the Second Circuit’s analysis, for that analysis is implicit in both Windsor and SmithKline.
Because Idaho’s Marriage Laws impermissibly infringe on Plaintiffs’ fundamental right to marry, the Laws are subject to strict due process and equal protection scrutiny. But SmithKline directs the Court to apply heightened equal protection scrutiny to laws that discriminate on the basis of sexual orientation. Idaho’s Marriage Laws do not withstand this heightened scrutiny.
Judge Dale spent considerable effort to review the place that marriage has in the constellation of civil and human rights, as well as prior court rulings that specifically addressed the rights that gays and lesbians are entitled to under the law:
More recently, the Supreme Court confirmed that gay and lesbian individuals do not forfeit their constitutional liberties simply because of their sexual orientation. Lawrence, 539 U.S. 558. The Court observed that “our laws and tradition afford constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.” Id. at 574. Emphasizing that these are personal rights, the Court concluded “[p]ersons in a homosexual relationship may seek autonomy for these purposes, just as heterosexual persons do.” Id. (emphasis added). And, less than one year ago, the Supreme Court struck down the federal Defense of Marriage Act’s man-woman definition of marriage because it amounted to unconstitutional “interference with the equal dignity of same-sex marriages” recognized by some states. Windsor, 133 S. Ct. at 2693. The message of these cases is unmistakable—all individuals have a fundamental right to marry
…Finally, and most critically, the Supreme Court’s marriage cases demonstrate that the right to marry is an individual right, belonging to all. See Lawrence, 539 U.S. at 574. If every individual enjoys a constitutional right to marry, what is the substance of that right for gay or lesbian individuals who cannot marry their partners of choice? Traditional man-woman marriage is no answer, as this would suggest that gays and lesbians can switch off their sexual orientation and choose to be content with the universe of opposite-sex partners approved by the State. Defendants offer no other answer.
In their effort to avoid the question, Defendants commit the same analytical mistake as the majority in Bowers v. Hardwick, the decision that declined to “announce a fundamental right to engage in homosexual sodomy.” 478 U.S. 186, 191 (1986), overruled by Lawrence, 539 U.S. at 577. The crucial mistake in Bowers was that the majority narrowed and thus “fail[ed] to appreciate the extent of the liberty at stake.” Lawrence, 539 U.S. at 567. For that reason, the Supreme Court in Lawrence concluded “Bowers was not correct when it was decided, and it is not correct today.” Id. at 577. Lawrence instructs not only that gay and lesbian individuals enjoy the same fundamental rights to make intimate personal choices as heterosexual individuals enjoy, but that judicial attempts to parse those rights out of existence will be met with a harsh rebuke.
She dispensed with the “what’s best for children” argument raised by the defendants:
The best that can be said for Defendants’ position is that some social scientists quibble with the prevailing consensus that the children of same-sex parents, on average, fare no better or worse than the children of opposite-sex parents. (Id. ¶¶ 35-41.) But the Court need not—even if it could at the summary judgment stage—resolve this sociological debate. The parties’ debate over the scientific literature distracts from the essential inquiry into the logical link between child welfare and Idaho’s wholesale prohibition of same-sex marriage. That link is faulty for at least four reasons.
First, civil marriage in Idaho is and has long been a designedly consent-based institution. The law speaks of marriage as a “civil contract . . . to which the consent of parties capable of making it is necessary.” Idaho Code 32-201. True, “throughout human history and across many cultures, marriage has been viewed as an exclusively opposite-sex institution and as one inextricably linked to procreation and biological kinship.” Windsor, 133 S. Ct. at 2718 (Alito, J., dissenting). But Idaho law is wholly indifferent to whether a heterosexual couple wants to marry because they share this vision or simply seek a tax break. That such a crass objective would be sufficient to obtain a marriage license does not mean marriage is a cheap convenience. Instead, it means that the value of marriage derives from a place beyond the law’s reach. Important as the child-centered vision of marriage is, Idaho’s consent-based marriage regime does not require heterosexual couples to accept or follow this norm….
Second, Idaho does not condition marriage licenses or marital benefits on heterosexual couples’ ability or desire to have children. No heterosexual couple would be denied the right to marry for failure to demonstrate the intent to procreate…
Third, Idaho does not withhold marriage licenses from heterosexual couples who might be, or are, non-optimal parents. Under Idaho law, everyone from multiple divorcees, “dead-beat dads,” see Zablocki, 434 U.S. 374, to prison inmates, see Turner v. Safley, 482 U.S. 78 (1987), may marry, as long as they marry someone of the opposite sex. …
Finally, and most importantly, the Governor’s child welfare rationales disregard the welfare of children with same-sex parents. It is undisputed that “poverty and social isolation [are] associated with maladjustment [in children], and adequate resources support healthy adjustment.” (Lamb Dec., Dkt. 47 ¶ 18.c.) It is also clear that “[m]arriage can yield important benefits for children and families, including state and federal legal protections, economic resources, family stability, and social legitimacy. These benefits are equally advantageous for children and adolescents in families headed by same-sex and different-sex couples.” (Id. ¶ 48.). …. In this most glaring regard, Idaho’s Marriage Laws fail to advance the State’s interest because they withhold legal, financial, and social benefits from the very group they purportedly protect—children.
And finally, she addressed the “religious liberty” question:
Finally, Governor Otter argues that Idaho’s Marriage Laws should be upheld because they serve the related goals of supporting religious liberty, avoiding the potential for religion-centered conflicts, and affirming a prevailing social consensus on marriage. …
The Governor’s argument concerning religious liberty is myopic. No doubt many faiths around the world and in Idaho have longstanding traditions of man-woman marriage rooted in scripture. But not all religions share the view that opposite-sex marriage is a theological imperative. In fact, some of the Plaintiffs actively worship in faiths that recognize and support their unions. (S. Watsen Dec. ¶ 13, Dkt. 51.) To the extent Governor Otter argues that Idaho has a legitimate interest in validating a particular religious view of marriage, that argument blithely disregards the religious liberty of congregations active in Idaho. “By recognizing the right to marry a partner of the same sex, the State allows these groups the freedom to practice their religious beliefs without mandating that other groups must adopt similar practices.” Kitchen v. Herbert, 961 F.Supp.2d 1181, 1214 (D. Utah 2013).
Likewise, a desire to protect or maintain a particular social consensus does not withstand constitutional scrutiny. “A citizen’s constitutional rights can hardly be infringed simply because a majority of the people choose that it be.” Lucas v. Forty-Fourth Gen. Assembly of Colo., 377 U.S. 713, 736-37 (1964). … Rather, the dispositive principle in this case is that “fundamental rights may not be submitted to vote; they depend on the outcome of no elections.” W. Va. Bd. of Educ. v. Barnette, 319 U.S. 624, 638 (1943). The Supreme Court has endorsed this principle again and again. …
This principle resonates today, as 10 federal courts across the country have in recent months reached similar conclusions on the very issues present in this case. Considering many of the same arguments and much of the same law, each of these courts concluded that state laws prohibiting or refusing to recognize same-sex marriage fail to rationally advance legitimate state interests. This judicial consensus was forged from each court’s independent analysis of Supreme Court cases extending from Loving through Romer, Lawrence, and Windsor. The logic of these precedents virtually compels the conclusion that same-sex and opposite-sex couples deserve equal dignity when they seek the benefits and responsibilities of civil marriage. Because Idaho’s Marriage Laws do not withstand any applicable form of constitutional scrutiny, the Court finds they violate the Fourteenth Amendment to the United States Constitution.
Judge Dale ended with this observation:
The Fourteenth Amendment guarantees of due process and equal protection lie at the core of our constitutional system. While the Supreme Court has not expressly decided the issues of this case, it has over the decades marked the path that leads to today’s decision. “[T]he history of our Constitution . . . is the story of the extension of constitutional rights and protections to people once ignored or excluded.” United States v. Virginia, 518 U.S. 515, 557 (1996). Slow as the march toward equality may seem, it is never in vain.
May 13th, 2014
U.S. Magistrate Judge Candy Dale has ruled Idaho’s ban on gay marriage is unconstitutional.
In her 57-page decision, Dale stated, “Idaho’s Marriage Laws withhold from them a profound and personal choice, one that most can take for granted. By doing so, Idaho’s Marriage Laws deny same-sex couples the economic, practical, emotional, and spiritual benefits of marriage, relegating each couple to a stigmatized, second-class status. Plaintiffs suffer these injuries not because they are unqualified to marry, start a family, or grow old together, but because of who they are and whom they love.”
And Idaho makes… ummm, I have no idea what number this one is.
Update: You can read some choice excerpts from Judge Dale’s smack-down opinion here.
Is Arizona a Turning Point?
February 27th, 2014
It would appear that the outcry over Arizona’s license-to-discriminate bill that was finally vetoed by Gov. Jan Brewer last night may have reached something of a high water mark. Major companies, business group, professional organizations, and major league sports all came out with strong statements denouncing the bill in the moments leading up to Brewer’s veto. Typical was this one from Yelp’s CEO Jeremy Stoppelman:
SB 1062 would serve to create an environment where consumers would not know how they would be treated – or whether they would even be served – when they patronize a business. This bill goes against the rule that every great business subscribes to, which is that the customer is always right. It will not only be bad for customers, but also bad for local business in the state. I also believe that it would be in consumers’ interests to be made aware of businesses within the state that did engage in discriminatory behavior. Since early 2010, Yelp has hired over 650 employees in Arizona. Over the next few years, we hope to hire hundreds more. It would be unconscionable for the state to encourage discrimination against any of them.
Arizona joins three other states in putting an end to their license-to-discriminate bills in just the past twenty-four hours:
- Sponsors of Ohio’s license-to-discriminate bill withdrew their support yesterday. Moments later, the chairman of the House Judiciary Committee announced that the bill was dead.
- The Mississippi House of Representatives Civil Subcommittee late yesterday voted to strike almost all of the provisions of their license-to-discriminate bill, leaving only a provision adding “In God We Trust” to the state seal. This move came after the state Senate gave its unanimous approval in January.
- Florida Gov. Rick Scott announced yesterday that he will veto a proposed license-to-discriminate bill if it reaches his desk. Earlier that day, he had refused to address the question during an interview on MSNBC.
Over the past several weeks, license-to-discriminate bills have been defeated or withdrawn in Colorado, Kansas, Maine, Tennessee, and Utah. But we’re not out of the woods yet. Similar bills are still working their way through Idaho, Missouri, South Dakota, and Georgia, where Atlanta-based Delta Airlines has announced its opposition. The Idaho bill was returned to a House committee last week, with the sponsor saying he wants to “find the right language.” In addition, there’s a push to put a similar measure on the ballot in Oregon in November.
Battered and Bruised
March 7th, 2012
Romney hangs in there again like a punch-drunk fighter staggering toward the finish of the sixth round (ooh look at me, I’m using a sports metaphor), picking up wins in six of the states up for grabs yesterday including a very hotly contested Ohio, where Santorum very nearly pulled off an upset. Romney did best in his home state of Massachusetts, and he did well in neighboring Vermont. He also did very well in the Idaho caucuses, where 23% of spudsters are fellow Mormons. There were no exit polls in Idaho, but in Arizona where Mormons made up 14% of the vote, they broke 96-4 for Romney on Feb 28.
Romney also did very well where he had very little actual competitors (Virginia, where Santorum and Gingrich weren’t on the ballot). Which is to say that he has done very well where he had the home field advantage (as did Gingrich) or where his most potent opponent was missing. Or Alaska.
Which goes to day that Romney is still having trouble closing the deal with Santorum racking up rack up wins in the more conservative middle bits of the continent. In Oklahoma, Santorum’s first place finish came in spite of Sen. Tom Coburn’s endorsement of Romney, while Romney actually came in third in North Dakota and just barely avoided that same fate in Oklahoma. And in Ohio, where Romney poured massive amounts of dollars into the race, he only managed to pull out a 1% win over Santorum in the bellwether state. But even there, he he lost among Evangelical, blue collar and rural voters, but won among those who were 50 and older.
But here’s the stat I find most telling: When Ohio voters were asked whether they’d support Romney in the general election regardless of who they voted for in the primary, 36% said they would not be satisfied with a Romney candidacy, versus 33% who said they’d reject a Santorum candidacy. In other words, Ohio Republicans are less willing to settle for Romney than Santorum.
But this is a race for delegates, not popular votes. And whatever weaknesses that exist in Romney’s popular support within the GOP, he’s still by far the frontrunner in the delegate race according to CNN’s count, with more delegates than his opponents combined. But at only about half way through the primaries, Romney’s still a long way from the 1,144 needed to secure the nomination. Kansas, US Virgin Islands and Guam hold caucuses next week, followed by primaries in Alabama, Mississippi and Hawaii the week after that. Which means that for Romney, the long slog continues. But for the other candidates in the field, the slog is even longer.
The idea behind Super Tuesday was to bring the nomination process into clearer focus. The only thing made clear yesterday is that GOP voters would still prefer another candidates. But that’s not the choice available to them. Which means that Romney will almost certainly be the nominee when all is said and done, but what is said and done before then will continue to be the story. As Ezra Klein at the Washington Post put it, “For three guys who profess to not like the media very much, Mitt Romney, Rick Santorum, and Newt Gingrich are really making all our dreams of a long, unpredictable primary come true.”
Rallies Across America
November 16th, 2008
Protesters turned out is scores of cities across America to protest the unprecedented stripping of rights from gays and lesbians with the passage of California’s Proposition 8, as well as the passage of anti-marriage amendments in Arizona and Florida.
Updated: Here is a roundup from more than 110 cities across the United States, great and small where people joined the impact. From New York City to Wailuku, Hawaii; from San Francisco to Portland, Maine; from Anchorage to Miami Beach, people everywhere stood up for equality and against the travesty of Prop 8 which summarily stripped a minority of its rights.
Note: This post is a re-creation from the one originally created on Saturday. That post ended up getting corrupted due to the multiple updates I was making through the day. Unfortunately, when the post finally went completely haywire, it took some 20 comments with it.
In Wailuku, HI:
Sandy Farmer-Wiley (left) and Jean Walker participate in a rally Saturday in Wailuku supporting gays, lesbians and transgenders in a nationwide protest against the approval of Proposition 8 in California and other anti-gay initiatives passed in the Nov. 4 general election. The Maui women, who have been together for 32 years, formally declared their commitment to each other during a service at Keawala‘i Congregational Church in Makena 15 years ago and were married in a civil union in Vermont in 2000. “Marriage is a civil right, it has nothing to do with religion,” Farmer-Wiley said. “The Bible is being used as a stick to beat us.” A total of about 45 people attended the rally in front of the State Office Building held to coincide with similar demonstrations across the country.
In Sandpoint, ID:
It didn’t matter that it was cold outside. The occasional negative gesture or rude comment weren’t an issue. After all, the dozen or so protesters of a recent California vote banning gay marriage, those things paled in comparison to the lack of equal rights for all. “I’m a strong supporter of equal rights for everyone,” said Dr. Bill Barker, organizer of the Sandpoint protest.
A Sagle-based psychologist, Barker said he helped many people deal with issues of sexual orientation in their families. When the call went out from Join the Impact encouraging communities to hold a day of protest of Proposition 8’s passage, Barker said he knew it was something he wanted to do in Sandpoint. Everyone in the country was asked to take a stand for equal rights
The community is blessed by its diversity, and one of its strengths is its support for others of differing views, Barker said, adding reaction to the protest was mostly positive with only a few negative comments.
In Los Angeles, CA:
In Los Angeles, protesters clustered near City Hall, carrying rainbow-colored flags and signs bearing messages such as “No More Mr. Nice Gay,” “Where’s My Gay Tax Break?” and “No on Hate.”
… The Los Angeles Police Department estimated that 40,000 people would attend the march, which officials expected to be peaceful.
The protests will be a key test for a loosely formed Internet-based movement that has emerged since California voters banned gay marriage last week.
In the last 11 days, advocates have used the Web to organize scattered protests at places, such as the Mormon Temple in Westwood and Sunset Junction in Silver Lake, and mount boycotts against businesses that supported Proposition 8. Those efforts snowballed, and marches against the proposition are expected in more than 300 cities across the country.
At least 100 people, gay and straight, couples and partners gathered at El Dorado Beach on Saturday as part of a coast-to-coast, nationwide day of protest. …Flanked with signs that said “equal rights for all” the Tahoe gathering generated a fair share of waves and honks of support along Highway 50. There were occasional finger gestures by motorists but all-in-all the protest was successful, said organizer Janice Eastburn.
In Stillwater, OK:
More than 50 people braved the cold and wind to wave signs and cheer honking vehicles in protest of California’s recent same-sex marriage ban on Saturday at the corner of Sixth Avenue and Husband Street. The demonstration began at noon with a handful of protesters on the sidewalk in front of the county courthouse lawn, but the line of people facing Sixth Avenue grew throughout the afternoon.
In Stillwater, the mood seemed positive: the crowd, consisting of both young and old, cheered as honking vehicles drove past, including a semitrailer hauling half of a house. Melanie Page, an OSU psychology professor, brought her two sons with her to the protest. Page said she came to support equal rights. “I would hope that the community sees that the majority of people support gay rights, and for couples who love each other to marry and have legal protection,” she said. “That only strengthens America, strengthens families. It doesn’t weaken families. It’s not just gay people supporting gay people.” A number of OSU students also joined in the protest.
In Fairfield, CA:
About 75 people showed up to a Fairfield rally organized by Fairfield High School student Crystal Nievera, 16. “Not everyone voted yes on 8 (in Solano County),” said Nievera, who feared a small showing based on what her Facebook group told her. The protesters met at Fairfield City Hall and marched to Solano County Municipal Court, where they would be more visible on busy Texas Street.
The protesters — many with their children in tow — waved signs, chanted and encouraged passing motorists to honk in support. In a reflection of the youth-driven nature of the national rallies, many in the crowd were teenagers, including 18-year-old Antigone de la Cruz Montgomery VanGundy, who was with her adoptive parents Gino and Chris VanGundy, a married Fairfield couple. “I graduated high school with honors and AP classes and a 4.0 GPA,” she said. “Do not tell me my family does not have good parents.”
Thousands of protesters converged upon San Francisco’s City Hall Saturday morning to speak out against California’s controversial Proposition 8.
“And sometimes it feels we felt our whole lifetime digging out the lies that other people tell about us, but the truth is this: we are a movement based on love,” said Reverend Dr. Penny Nickson who spoke during the rally.
In Burlington, VT:
“It’s shameful. It’s un-American,” said one Burlington protester. “This is a very frightening development for all of us,” added another.
A steady downpour symbolized the mood in Burlington. Same sex couples stood in solidarity holding signs while speakers stepped up to the mike to share their fears. In 2000 Vermont became the first state in the country to legalize civil unions for same sex couples. Several other states have since followed suit.
In Minneapolis, MN:
Gathering in front of a banner said “legalize love,” more than 500 gay rights activists gathered this afternoon in downtown Minneapolis as part of a nationwide series of rallies to support gay marriage.
…Reg Merrill, 63, drove 4 hours from Ft. Dodge Iowa to join the demonstration.
“It’s hard to believe that people pass laws that take away rights, “ Merrill said.
Minneapolis City Council Member Gary Schiff highlighted a series of speakers
“From Golden Gate Park to Loring Park, we will step together until this battle is won,” Schiff said.
In Baton Rouge, LA:
As part of the national day of protest Saturday, groups in Baton Rouge rallied downtown. “What I’m hoping is a new chapter in American civil rights history,” says Kevin Serrin with Capital City Allliance. The group raised the gay pride flag and held up signs in protest of the California ban.
In San Diego, CA:
As the march in downtown San Diego to protest the passage of Proposition 8 is taking place, the crowd of participants, which initially was numbered about 2,000, has swelled. As of 11:45 a.m., police estimated the crowd at about 10,000 people. Those participating in the march now stretch about three-quarters of a mile long.
In New York, NY:
Thousands took to the streets of Lower Manhattan Saturday to protest California’s new ban on gay marriage. The rally at City Hall was just one of many scheduled around the country, including San Francisco, Chicago, Philadelphia and Boston. The cheering crowd stretched for blocks, as demonstrators waved rainbow-colored flags and held signs and wore buttons that said ‘I do.’ By standing here today we send the message we will move over, through and beyond Prop 8,” said Council Speaker Christine Quinn.
In Escondido, CA:
Nearly 500 opponents of Proposition 8, the widely debated initiative voters approved Nov. 4, waved signs and chanted “Repeal 8″ Saturday as they marched through the busy streets of downtown Escondido. … Spearheading the march was Jennifer Schumaker, a self-proclaimed “lesbian soccer mom” of four, who held a “No on Prop. 8″ sign in front of City Hall for eighteen days before the election. “We’re marching for equality, for progress and for future generations,” Schumaker said.
In Boston, MA:
Four to five thousand people gathered in the rain on City Hall Plaza Saturday to protest the recent vote in California which reversed that state’s legalization of gay marriage. …The Boston rally took on special significance because of Massachusetts’ distinction as the first state to legally recognize gay marriages. The show of support on City Hall Plaza included same sex couples from all over the state who have married in Massachusetts since May 2004.
In Washington, DC:
What looked like tens of thousands (it’s impossible to know for sure) turned out today for the D.C. version of the Join the Impact protest in which gays and their allies voiced disdain for Proposition 8, a California ballot initiative that passed last week outlawing same-sex marriage there.
Marchers met at 1:30 p.m. today at the Capitol Reflecting Pool and marched down the National Mall, past the Washington Memorial and to the White House. The length of the marchers appeared to be at least a few miles long. Many carried signs equating Prop. 8 with hate using the numeral 8 with an “h” in front of it to spell “hate” (i.e. H8). Call-and-response chants were heard in several variations.
Intermittent rain — at one point torrential — didn’t appear to deter anyone.
In Chicago, IL:
Thousands of gay marriage advocates took to the streets of downtown Chicago today, hoping to galvanize support and pressure the courts to overturn the passage of a same-sex marriage ban in California. .. [P]rotesters gathered at Federal Plaza, carrying rainbow-colored flags and signs with messages like “Fix Marriage, Not Gays” and “Repeal Proposition 8.” Organizers said they hoped to achieve “full marriage equality” in Illinois.
About 200 protesters gathered Saturday afternoon on the Veterans Memorial Bridge between Fargo and Moorhead to rally for equality and against California’s Proposition 8, which bans gay marriage in the state. Josh Boschee, organizer of the F-M Protest for Love, said he was extremely pleased by the turnout. “I was going to be happy with 20 to 30 people,” Boschee said. “There’s a lot of families and allies here. It’s more than just the LGBT (lesbian, gay, bisexual and transgender) community.”
…The local protest, along with one in Grand Forks, N.D., were among several across the country in which supporters gathered to support gay rights and marriage.
In Honolulu, HI:
Here, more than 300 people crowded the lawn near Honolulu Hale, in protest of California’s newly passed ban on same sex marriage. “We’re out for everybody and it’s equality for all,” Thomas Larabee said.
In Oakland, CA:
Thousands converged on Oakland City Hall on Saturday morning to protest against the Proposition 8 ban on same-sex marriage in California and to rally for equal rights. “I think as a community and across the nation people are standing up and saying, ‘We are not going backward,’” said Molly McKay, spokeswoman for Marriage Equality USA. “We are only going forward and equality is a proud American tradition for our lives and for our families.
More than 50 opponents of Proposition 8 are marching through downtown Salinas to protest passage of the measure they say discriminates against gays and lesbians who want to marry. …Carrying signs and chanting messages against the measure, protesters are marching from Salinas City Hall to the National Steinbeck Center and back to City Hall without incident. No Salinas police officers were present as protesters marched.
Opposition is small, with just one person coming out in support of Prop. 8. Another rally against Prop 8 is happening at the Monterey City Hall.
In Portland, ME:
Saturday’s rain didn’t stop people who feel passionately about the same-sex marriage issue from heading out to Monument Square in Portland to have their voices heard. People who attended the rally say they want equal rights for same-sex couples and it’s time for Maine to legalize marriages of gay couples. One supporter held up a sign reading, “My dads are married.” She says she wants people to know that even though she was raised by a same-sex couple, she turned out just fine.
In Albany, NY:
Roughly 500 gay and lesbian individuals gathered in front of City Hall Saturday afternoon to participate in a local section of the national “Join the Impact” protest… Patrick Harkins, the organizer of the event, said that the local rally was to show that local citizens disagree with the California decision, but also that the residents of Albany want equal rights.
In Baltimore, MD:
Hundreds of people gathered outside Baltimore’s city hall to protest the passage of a ban on gay marriage in California. Mike Bernard of Baltimore, who married his partner in Canada this year, is one of several people who shared their personal stories with the crowd. He says in the long run, Proposition 8 may be a good thing for those fighting for gay marriage in the United States. He says many thought a liberal state like California would never ban gay marriage, but now they may be shocked into action.
In Sacramento, CA:
About 1,500 people were gathered across from Sacramento City Hall at Ninth and I Streets for a rally in Cesar Chavez Park. Participants carried signs and listened to speakers railing against Prop. 8.
In Witchita, KS:
A group of about 100 people gathered at Wichita City Hall this afternoon as part of a nationwide protest of California’s ban on gay marriage. … They shared the sidewalk with a small group from the Rev. Fred Phelp’s Westboro Baptist Church in Topeka, who were protesting the protest, but there was no conflict between the two groups.
In St. Louis, MO:
A crowd of more than 500 spilled onto the street outside the Old Courthouse this afternoon as protesters gathered to voice opposition against California’s recent ban on gay marriage. A host of activists and politicians, including Mayor Francis Slay, state Sen. Joan Bray, D-University City, and Lewis Reed, president of the St. Louis Board of Aldermen, spoke in favor of equal rights for gay couples at the rally.
In Nashville TN:
Tennessee may be one of the nation’s most red states politically, but all the colors of the rainbow were important Nov. 15 at a gay rights rally, where more than 200 people convened for a peaceful protest outside the Nashville Metro Courthouse. …The protestors received no negative backlash from local conservative groups or passers by, but police were on hand in case an incident was to occur.
A small crowd began to assemble at noon Saturday and grew quickly as event organizers handed out “Stop the H8″ pins. A nearly equal number of GLBT people and their heterosexual allies joined forces to demand equality for all.
People stood out in the rain today to protest the ban right here in Charlottesville. Organizers say it was more of a rally than a protest. People cheered, waved signs and sang at the gathering. Their main goal they wanted to get across was that laws like Proposition 8 are not fair and people should not be judged based on sexual orientation.
“All of us here feel that it’s a civil right and that it should be granted to all citizens in the United States. Prohibiting it on the basis of same sex relationship is illegal, un-constitutional and generally just unfair,” said André Hakes, a protester.
In Palm Springs, CA:
More than 500 demonstrators turned out in Palm Springs for a nationwide rally coordinated at city halls in major cities to protest the recently passed same-sex marriage ban. Today’s event marked the third time hundreds of people in the Coachella Valley had demonstrated against Proposition 8, which overturned a state Supreme Court ruling legalizing same-sex marriage.
In Denver, CO:
Hundreds of protestors turned out today in Denver against Proposition 8, a ballot measure passed by California voters that overrules a state Supreme Court decision legalizing same-sex marriage.
… Bob Vitaletti and his partner, Joe Moore, held up a sign with a photo taken of the two in 1984 during Pride Fest held in Denver. The couple have been together for 29 years. “You can’t put civil rights up for majority rule,” Joe Moore said.
In Detroit, MI:
What do we want? EQUALITY! When do we want it? NOW! That was the chant that rang out through downtown Detroit, Michigan today as over 300 hundred dedicated protesters rallied in the freezing rain and sleet as part of the National Day of Protest.
In Philadelphia, PA:
Several thousand gay-rights advocates turned the area around City Hall into a boisterous, rainbow-colored sea today joining others across the country in a simultaneous demonstration against California’s new ban on gay marriage.
… “This is the greatest thing I’ve ever seen in my life,” said Philadelphia organizer Brandi Fitzgerald, looking out at chanting, sign-waving demonstrators on Dilworth Plaza.
At one point, the crowd pressed onto 15th Street, forcing police to redirect traffic by blocking one lane. When that happened, a group of demonstrators fell in behind the flashing lights of a patrol car, and within seconds hundreds had stepped off the curb and into the street for an impromptu march.
“I didn’t know there was going to be a march,” one woman said to a friend.
“Me neither,” the other answered. “Let’s go.”
And they did. At its longest, the march stretched three-quarters of the way around City Hall.
In Louisville, KY:
Several years ago, when Jefferson County was adding civil-rights protections for gays and lesbians in a fairness ordinance, Pam Becker was among those protesting outside the county courthouse. But today, she stood across Sixth Street at City Hall to call for the right to same-sex marriage, joining about 200 mostly gay and lesbian protesters — including her 18-year-old son.
The reason for her change of heart?
“My son coming out,” said the Jeffersonville, Ind., woman. “I have to support my child. “
The protesters — part of a coordinated series of demonstrations in cities around the country — gathered on a drizzly, gusty afternoon outside City Hall.
In Madison, WI:
Early Saturday afternoon, amidst the throngs of red-clad game day Badgers fans, a river of rainbow colors wound its way up State Street to the Capitol. … Thrown together over the last week and faced with cold, windy conditions, local organizers were pleased with the estimated 500-plus supporters who turned out today in downtown Madison.
In Ithaca, NY:
Hundreds of gay marriage supporters in the Southern Tier are protesting a California referendum that banned same sex marriage last week. Those supporters of same sex marriage say they’re fighting their own battle here in New York State.
…”In New York, it’s important we have marriage equality. The state assembly has already passed a marriage equality bill. The state senate has refused to even let it come up for vote. My rights are not up for vote.” Says Jason Hungerford.
In Santa Cruz, CA:
Chanting, cheering and carrying signs, hundreds of demonstrators gathered on the steps of the county courthouse and then marched to the Town Clock Saturday morning to demand equal marital rights for same-sex couples.
More than 500 people attended the rally, one of many held nationwide as a protest against the passage of Proposition 8, which calls for a Constitutional Amendment outlawing same-sex marriage. Speakers included Assemblyman John Laird, D-Santa Cruz, Santa Cruz County Supervisors Mark Stone and Neil Coonerty and Santa Cruz City Council members Cynthia Mathews and Tony Madrigal.
In Houston, TX:
Hundreds of people gathered on the steps of Houston City Hall this afternoon to protest the passing of Proposition 8, California’s constitutional amendment taking away the right to marry for same-sex couples. Along with the passing of other anti-gay measures across the nation, Prop. 8 made November 4 a day of mixed emotions for many of the progressives in attendance, who say they went to bed ecstatic about the election of Barack Obama but woke up the next morning to find out not everything had changed for the better.
Hundreds came to Miami Beach City Hall Saturday afternoon as part of a national Join the Impact movement to protest this month’s passage of anti-gay-marriage laws in Florida, California and Arizona. About 1,000 protested in Fort Lauderdale.
In Allentown, PA:
Calling for unity and equal rights, more than 150 gay rights supporters demonstrated Sunday in downtown Allentown to protest California’s recent ban on same sex marriage. Their anger as fierce as the cold winds that swept around them at Hamilton and Seventh streets, speaker after speaker criticized California’s Proposition 8 legislation, which banned same-sex marriage. ”We have a right to be angry, to be frustrated, to be insulted … because our community’s rights were voted against in the state of California,” said Adrian Shenker, president of the Muhlenberg College Gay Straight Alliance.
In Greensboro, NC:
Brant Miller is an unabashed romantic. He’s picked out baby names. He’s dreamed about his wedding – even designed some bridesmaid dresses for the occasion. There is one catch, however. Miller, a UNCG student, can’t get married because he’s gay.
On Saturday, he stood on the steps of the Melvin Municipal Office building and asked about 200 other rally participants to ask their legislative representatives to expand marriage rights to gay people in North Carolina.
In Indianapolis, IN:
Supporters of gay rights met at at a rally in front of the City-County Building as part of a nationwide protest over Proposition 8 Saturday, November 15, 2008.
In Jackson, MS:
Protests over California’s Proposition 8 spread to the Magnolia State on Saturday. About 50 people protested in Jackson outside the state capitol, upset the measure didn’t pass in California. Proposition 8 banned same-sex marriage in that state. … They said they want to draw attention to what they say is a civil rights issue that affects America as a whole.
“So when people see protests happening around the country, they’ll understand that this isn’t just an issue that’s happening somewhere else, this is an American issue happening everywhere, because it affects all of us,” organizer Brent Cox said.
In Seattle, WA:
Thousands of people marched peacefully through downtown Seattle Saturday afternoon as part of a national protest to protest the California vote that banned gay marriage. Seattle police accompanied the marchers. Police estimated the crowd the number about 3,000. There were counterprotesters.
In Des Moines, IA:
About 100 protesters picketed at Des Moines’ City Hall to challenge voter passage of a measure that banned gays and lesbians from marrying in California. … The state’s first and only legally married same-sex couple attended the protest, as did Iowa’s only openly gay state senator, Matt McCoy.
…Six same-sex couples will go before the Iowa Supreme Court on Dec. 9 to argue for legal same-sex marriage in Iowa. It was legal in Polk County for two days in August 2007. One couple was married before a court ended the practice.
In Atlanta, GA:
At the Georgia Capitol, more than 1,500 opponents of California’s Proposition 8 crowded the plaza and steps, spilling onto Washington Street. Speakers led the crowd in chants during the Saturday afternoon protest.“We support marriage equality,” said Carlton Eden, who attended the Atlanta rally with his wife, Claire, and three daughters. “We believe everyone should be able to marry.”
In Montclair, NJ:
Bernie Bernbrock was born into the Mormon Church. He said he still believes in God and many of the faith’s doctrines but left the church because of its stance on gay rights. Today, Bernbrock, from Glen Ridge, took his 7-year-old daughter, Abby, and his partner of 10 years, Glen Vatasin to Montclair for their first-ever same-sex marriage march. “I don’t think any one family is in any position to judge another family,” he said. “It’s not their right to come into my home and take my rights away.”
He joined over 120 people who chanted through Montclair in support same-sex marriage as part of a national protest against California’s new ban on gay marriage, Proposition 8.
In Kalamazoo, MI:
More than 120 people lined the street in front of the Federal Building Saturday afternoon to protest the recent passage of a California ballot proposal banning same-sex marriage. Signs reading “Stop the Hate” and “Equal Rights for All” attracted honks as passing motorists showed support. The crowd stretched nearly a full block along West Michigan Avenue.
In Dallas, TX:
Louise Young never cast a vote on Proposition 8, but the measure changed her life. Married three months ago in California, Ms. Young and Vivienne Armstrong, her partner, joined more than 1,200 other Dallas-area residents who gathered outside of Dallas City Hall on Saturday to peacefully protest California’s Proposition 8, which banned same-sex marriage in that state.
“This is not a religious issue,” said Ms. Young, 61, of Dallas. “This is about legal rights. This isn’t right.”
In Duluth, MN:
Speaking out were more than one hundred protestors from all walks of life: young and old, students and professionals, and gay and straight. Tate Haglund-Pagel says “When I met my wife and the happiness we have gotten out of you know being married and being each others partners for ever I don’t understand why two men or two women can’t have the same happiness.”
In Peoria, IL:
In Peoria and across the country today, people petitioned in support of gay marriage and against a recent California vote. Dozens of people bared the cold weather to hold up signs opposing Proposition 8.
…Hector Martinez opposes Proposition 8 and said, “We just feel that you know we need to put a stop or this needs to see a reverse proposition 8. Eventually my partner and I, we’ve been together for 18 years, you know we’d like to see the legalization of marriage for us in Illinois.”
In Phoenix, AZ:
Donavon Goodsell, of Phoenix, celebrated his 67th birthday by marching for gay rights in a rally that drew a large group from the gay community and its supporters. He’s been in a relationship for 42 years, he said, and it’s time for marriage rights.
Goodsell was one of more than 1,000 people who gathered in Phoenix to protest the recently passed Proposition 102, an Arizona constitutional ban on same-sex marriage.
In Oklahoma City:
Hundreds of protesters in Oklahoma City joined a nationwide call to protest the passage of a ballot measure in California that banned same-sex marriage. “It’s a huge, huge movement going on today,” said local organizer Bret Gaither. “We’re not asking for, you know, understanding or special treatment. We’re asking for equal treatment.”
In Tulsa, OK:
A group of about 300 activists and protesters marched Saturday through downtown to City Hall, where they held a short rally and observed a moment of silence as part of a worldwide protest for homosexual rights known as Join the Impact. The Tulsa rally was organized by Ashley Butler, who had no intentions of leading any such protest as recently as a week ago. “I sort of fell across it by accident,” she said.
Hundreds of people gathered in Albuquerque and Santa Fe on Saturday to protest the passage of Proposition 8 and anti-gay legislation in other states. About 500 people gathered on Albuquerque’s Civic Plaza with signs that read “What’s so scary? We just want to marry” and “Love and Let Love.” Rally organizer Rose Bryan says the event was about family and people being able to take care of and protect the people in their families.
In Santa Fe, a crowd of more than 100 people braved the chilly wind to speak out against Proposition 8.
In Columbia, MO:
More than 100 people bundled in coats, scarves, hats and gloves gathered on Saturday afternoon in front of the Boone County Courthouse in the ear-numbing cold and a stiff wind to protest the passage of California’s Proposition 8.
…On the steps in front of the courthouse, using a small PA system, [Mark] Buhrmester called the crowd together. He introduced the afternoon’s speakers and addressed the question of why Missourians and others outside of California were protesting an amendment that doesn’t directly affect them.
“The truth of the matter is that the hopes and fears of the LGBT (lesbian, gay, bisexual and transgender) community were riding on Proposition 8, and our hopes were dashed, and our fears were met,” Buhrmester said. “So that’s why we are here together — to stand up for our rights with our friends and our community.”
In Pittsburgh, PA:
Speakers in Pittsburgh’s Oakland neighborhood shared their personal stories with more than 100 people at the rally in Schenley Plaza.
In Cincinnati, OH:
An estimated 500 people stood in the rain Saturday afternoon in front of Cincinnati City Hall to protest the passage of California’s Proposition 8 … Cameron Tolle, a junior at Xavier University from Missouri, took the lead organizing the event. He admitted it was his first attempt at political action. “Nine days ago this protest wasn’t planned,” Tolle said. He said he and a group of friends decided “through Facebook conversations and convictions” that Cincinnati needed to be involved in this national protest.
Speakers included comedian Margaret Cho, who is in town tonight for her Taft Theater performance, and Victoria Wulsin, who ran an unsuccessful campaign against Congresswoman Jean Schmidt.
In Olympia, WA:
About 300 South Sound residents, spurred to action by a recent initiative that overturned gay-marriage rights in California, gathered today at Olympia City Hall to rally support for the rights of gay men and women to marry. The 90-minute morning rally, organized by Anna Schlecht of Olympia, coincided with similar rallies across the country today. Schlecht said she was pleased with the turnout because there were so many new faces at the rally, people who had attended to show their support.
In Wilmington, NC:
More than 140 people assembled on the steps of the Federal Building in downtown Wilmington Saturday to protest the gay marriage bans recently approved in states across the country. The event was part of a planned nationwide network of protests, from Anchorage to Raleigh, largely organized via online word-of-mouth. Wilmington organizers Kati Heffield and Mary Eller assembled the Federal Building protest in just three days, primarily using the social networking Web site Facebook.
In Raleigh, NC:
Hundreds of people gathered this afternoon for a protest in downtown Raleigh against last week’s vote in California that made gay marriage unconstitutional there. …Braving a brief but drenching downpour, the marchers proceeded from the Capitol to the governor’s mansion — where one of them hoisted a rainbow flag on a pole just outside the gate. Police kept a close eye on the marchers while blocking traffic to maintain safety.
In Buffalo, NY:
150 people came out on a cold and rainy Saturday afternoon to show support for same-sex marriage and solidarity with gay and lesbian people in California. …The Buffalo event was organized by Kara DeFranco and publicized through the web site jointheimpact.com. …Protesters gathered at the corner of Elmwood Avenue and Bidwell Parkway with signs that advocated equality under state marriage laws for all people.
Opponents of Prop. 8 took to the streets in downtown San Luis Obispo on Saturday, vowing to fight the measure banning same-sex marriages in California. More than 100 protesters rallied in front of San Luis Obispo City Hall, waving signs with slogans such as “Abate the H8” and “Marriage Equality USA.” The demonstration was one of several such protests that took place nationwide Saturday.
In Boise, ID:
Protests in Idaho were on a much smaller scale than some metropolitan areas around the nation, but even in Boise, the turnout was much bigger than expected. … It was a rally that packed the sidewalk on Capitol Boulevard in front of Boise City Hall. An estimated 400 people gathered to take part in a nationwide protest.
“This is amazing and exciting to see this support and the common grounds that Idaho has,” said Ryan Jensen and James Tidmarsh, married in California.
In Asheville, NC:
There seemed to be two predominant questions at a rally in Asheville Saturday in support of same-sex marriage: Why, and why not? The “why?” had to do with California voters’ decision on Election Day to rescind the rights of same-sex couples in that state to marry.
The “why not?” had to do with rally-goers’ bewilderment that others would deny gay and lesbian partners who’ve been together for decades the right to enjoy the bonds of a committed marriage, just the same as heterosexual couples.
“We don’t want to take anything from you,” said Kathryn Cartledge, one of the speakers at the gathering in Pritchard Park that drew about 400 supporters.
In Syracuse, NY:
Same sex couples across the country including those in Syracuse sent a strong message to California. Nearly 200 people showed up at city hall protesting proposition 8. Scotty Matthews was one of them. Even as a New Yorker, Scotty says he has a lot on the line with the proposition’s passage. “I’m gay. I’m an American. That’s the only stake I need to have in it. I don’t think that institutionalized discrimination is something that should be happening in America and that’s why I’m here,” said Scotty.
“We are angry, sad, and hurt,” said Kristina Conner, who protested with a group of roughly 100 at City Hall in Colorado Springs. …”We want to take these emotions and use them as a positive driving force for our future so we too can have a unity and equality for our love,” said Conner.
In Tracy, CA:
Patti Armanini and Jackie Snodgrass tied the knot, legally, back in 2004 in San Francisco and again in September, and today, they joined a group in front of City Hall who protested this month’s passage of Proposition 8, which takes away their right to marry. “This is just one step in the whole process of overturning this,” Armanini said. “We’ll get there.”
Hundreds of demonstrators waving signs and rainbow-colored flags gathered in downtown Salt Lake City today as the fight over gay marriage continued to intensify more than a week after California voters passed Proposition 8.
The Church of Jesus Christ of Latter-day Saints’ involvement in the issue has turned Utah into “ground zero” for the gay civil rights movement, Jeff Key, a gay Iraq war veteran, told the crowd gathered at the Salt Lake City-County Building. “You called us out,” Key said. “You did this.”
In Lake Worth, FL:
Gay, straight, black, white: Marriage is a civil right,” chanted hundreds of people on the corner of Lucerne Avenue and Dixie Highway.
Their shouts were met by syncopated honks from passing motorists. Their cause resonated throughout more than 300 cities throughout the country, organizers said.
“Today we’re making history,” said Jay Blotcher, one of several organizers of the Join the Impact event. “This is a chapter in the civil rights movement and we will prevail.”
In Rochester, NY:
More than 150 people stood in the rain outside the Monroe County Administration Building this afternoon, rallying in support of same-sex marriage. …“People are angry, frankly, and this is history,” said Ove Overmyer, one of the local organizers, of the first simultaneous nationwide action in support of same-sex marriage.
The crowd marched along West Main Street, carrying signs that read, “It’s about love,” and “My family matters, too.” They chanted, “We don’t need the state’s permission. We are not second-class citizens.” This rally, like the others, grew out of a grassroots, online effort, mainly using the social-networking site Facebook, officials said.
In Spokane, WA:
In Spokane people gathered outside City Hall to voice their concerns about this legislation. More than 125 people showed up as part of demonstrations in more than 300 cities across the country.
Smack in the middle of the boisterous crowd was Nancy Maloy, she stood quietly with a sign in her hand, a self-described mother on a mission.”My wonderful gay daughter called me last night and said, ‘Mom everybody’s marching tomorrow morning, go and take a sign’,” said Maloy.
In White Plains, NY:
Standing on the steps of City Hall, more than 70 gay men, lesbians and their supporters today protested a California vote banning same-sex marriage and called for all states to provide civil marriage “equality.” … “The whole idea is to go out and tell people that marriage is our right,” said Jean-Charles DeOliveira, 41, an Ossining real estate agent who organized the White Plains rally.
In Long Beach, CA:
More than a thousand peaceful Long Beach demonstrators joined thousands across the nation Saturday to protest California’s passing of Proposition 8, a measure banning same-sex marriage.
Braving afternoon heat and smoke from fires raging around the county, the crowd cheered as more than a dozen city leaders and local activists spoke in front of City Hall.
In Fayetteville, AR:
Hundreds marched from the University of Arkansas to the square hoping to get their voices heard. “They had pushed so hard in California to get marriage there. They finally had it, and then it’s all of a sudden overturned,” explains Anna Center, a protest organizer.
…Fayetteville’s protestors also took time to voice their outrage about the recent passage of Act One. The measure prohibits gay and unmarried couples from adopting or fostering children here in Arkansas.
In Orlando, FL:
Close to a thousand people gathered outside Orlando City Hall on Saturday to protest a recently passed amendment to Florida’s constitution which bans gay marriage. … On Election Day, 62 percent of Florida voters approved the marriage amendment, which defines marriage between one man and one woman.
“They want us to be quiet and not be vocal and not be who we are,” said Orlando City Commissioner Patty Sheehan. “People don’t understand that by being quiet, by being silent, we have our civil rights taken away from us every day. That’s all we want, to be treated fairly and equally”
Gay rights supporters rallied in Nevada today as part of a string of protests reacting to the ban on same-sex marriage passed 11 days ago in California. Upbeat crowds of more than 1,000 in Las Vegas and 300 in Reno cried out for equal rights for gays and lesbians.
In Las Vegas, demonstrators gathered outside a gay and lesbian community center just east of the Strip.
In Reno, demonstrators marched through the downtown casino area and gathered around the landmark Reno Arch.
In Austin, TX:
Disappointed and angry about the passage of Proposition 8 in California last week , at least 2,000 people crowded Austin City Hall Plaza on Saturday afternoon to support equal rights and legal marriage for those who are gay, lesbian, bisexual and transgender.
Gay rights supporters cheered, chanted and waved rainbow colors in Austin and in cities across the country protesting the vote that banned gay marriage in California. Tens of thousands of people joined protests in Houston, Dallas and Arlington…
In Knoxville, TN:
More than 100 people rallied at the World’s Fair Park amphitheater Saturday afternoon in a cold wind to peaceably protest passage of a California ballot measure that recognizes marriages only between men and women. …Rally organizer Jen Crawford, 24, of Knoxville first heard from a friend that rallies were planned nationwide Saturday to protest the constitutional amendment. After considering going to a nearby city for a rally, Crawford decided to start one here. “I’m happy, as a straight ally, that I can pour into this and show my support,” she said.
In Fresno, CA:
Several hundred people showed up at Fresno’s city hall as part of the National Day of Protest. Several other demonstrations are planned Sunday as supporters of gay marriage take on the religious groups that supported Proposition 8.
Nearly two weeks after California voters approved a ban on gay marriage, members of Fresno’s gay and lesbian community say their fight for equal rights has just begun. They rallied at Fresno’s city hall Saturday, many still holding “Vote No on Proposition 8″ signs. “Rights were given to us and then eliminated by the majority of people and although the constitution guarantees the protection of the marginalized and the minority, it was allowed to pass,” said Prop 8 opponent Robin McGehee.
In Medford, OR:
Medford protesters joined a nationwide demonstration for gay rights. …Protesters say the goal of the demonstration was to spark a nationwide push for gay rights. For the people in downtown Medford today, there was a lot of emotion behind the issue. Their chant: “What do we want? Equality! When do we want it? Now!”
James Frank is a father and a grandfather, but he says he’s still fighting to be recognized as husband. “I’m not a two-headed monster; I put my pants on one leg at a time like every body else,” he says.
In Springfield, MO:
They stood In unity Saturday with a message intended to be heard around the nation. Hundreds of signs wrote it out in plain print, for all eyes to see. “It’s not even about being gay. It’s about being equal. It’s about being people, and recognizing that everybody loves just the same as everybody else,” said Stephanie Perkins who helped organize the local protest.
…Yet, some passers by didn’t take so well to the protest. “This is public. If they want to go protest, why don’t they go protest somewhere where there’s not a lot of people around,” said Amber Willis who is against gay marriage. But it was her very attitude that fired up the crowd even more. Within the crowd were dozens of stories, but for some it was a story about hope which they feel they are losing.
In Charlotte, NC:
More than 200 people gathered uptown Saturday to protest California’s recent ban on same-sex marriages and what it means for such couples nationwide. …Holding rainbow flags and braving strong winds, protesters rallied at the Charlotte-Mecklenburg government center and sang protest songs made famous during the country’s struggle for civil rights some 40 years ago.
In Macon, GA:
In Macon on Saturday, more than 50 advocates for Join the Impact, an international organization supporting equal rights for people who identify themselves as lesbian, gay, bisexual or transgender, protested the California Proposition 8 vote outside City Hall.
Protesters waved signs reading “What Would Martin Do?” “Fight the H8” and “Would You Rather I Marry Your Daughter?” Gatherers ranged in age and race. Some wore the traditional rainbow colors, expressing pride in their homosexuality. Others wore plain clothes and clergy attire.
In Tampa, FL:
Thousands of gays and lesbians and their supporters across the country – including more than 100 in downtown Tampa – rallied at 1:30 p.m. Saturday to protest bans on marriage and adoption approved by voters in four states.
…Tampa City Councilwoman Linda Saul-Sena told the crowd assembled at Joe Cillura Courthouse Square that “the tide is turning to say ‘we’re all in this together.’” She added: “I think it’s time for the county to revisit the human rights ordinance.” Attempts to add sexual orientation to the anti-discrimination ordinance have been made at least a couple of times since the county commission removed sexual orientation from the law in 2000.
“We’re small but mighty,” said protest organizer Jennifer Rowe today. Rowe, along with Amanda Zuke, Kyle Cardoza, Liz Laplante and two other concerned citizens, gathered outside Sault Ste. Marie’s Civic Centre to protest the recent adoption of California’s Proposition 8, outlawing same-sex marriage. “We’re here to show our support for those in the United States who are fighting to get same-sex marriage recognized and for human rights across the board,” Rowe told SooToday.com.
In Bellingham, WA:
More than 100 people rallied on the corners of East Magnolia Street and Cornwall Avenue in Bellingham the morning of Saturday, Nov. 15, to protest California’s recent ban on gay marriage. Chants of “It’s about love not hate,” and “Hey mister president, what do you say, don’t hate families because they’re gay” filled blocks of downtown Bellingham during the two-hour protest. …The protesters in Bellingham were outside the Federal Building from 10 a.m. to 12 p.m. A smaller group continued the protest outside the Bellingham Farmer’s Market after noon.
In Memphis, TN:
More than 150 people ignored the chilly winds to protest Downtown in front of the Memphis City Hall, bearing signs that said “Love makes a family,” “Support love not H8″ and “This is what democracy looks like.” “Because of our history in civil rights we felt it was particularly important for Memphis’ voice to be heard,” said Amy Livingston, a board member with the Mid-South Peace and Justice Center, which co-sponsored the protest with the Women’s Action Coalition. The gays, lesbians and supporters in attendance were also urged to talk to friends, family and co-workers about the need to for civil rights for homosexuals.
In Missoula, MT:
Jamee Greer took charge of a sizable crowd that united and protested Saturday in favor of gay marriage rights, a group pulled together in Missoula by the Internet and text messages. He gave the group its marching orders, announcing the rules of the road, as the protesters carried signs and prepared to march from North Higgins Avenue to the Missoula County Courthouse.
…In Missoula, Brian Cook wore a picture of his 21-year-old gay son, Andrew Sullivan-Cook, who was in Dallas marching with Join the Impact protesters. “I’m here, not only in support of my son’s rights, but it’s simply the right thing to do,” said Cook. “Even if my son wasn’t gay, I’d be here.”
In Evansville, IN:
Protesters gathered around the nation and in Evansville on Saturday. …One hundred people stood out in the cold in front of the Centre to get their message out.
In Denton, TX:
Horns were honking for several hours early Saturday afternoon, supporting about 120 gay rights activists with signs and flags who were protesting the recent approval of California’s Proposition 8. … There were many supportive honks throughout the afternoon, said John McClelland, president of the Stonewall Democrats of Denton County, a gay and lesbian political organization. However, one protester said she had seen an obscene hand gesture from one driver.
In Providence, RI:
The State House lawn was dotted with umbrellas on Saturday afternoon, as the hundreds of people gathered there maintained a hopeful spirit despite the intermittent rain. …For the duration of the rally, supporters held a rainbow banner with the words “Love” and “Equality” across the State House steps. People held signs with a variety of messages “Straight guy for love,” “Fight the H8″ and “Jesus had 2 daddies, why can’t I?”
On Saturday morning, about 30 people gathered in front of Colton City Hall to kick off the rally. …Most carried “No on Prop. 8″ signs and some actually wore them. Others had rainbow flags draped across their shoulders. After receiving political statements from Lopez, the crowd walked along La Cadena Drive carrying signs and singing songs with the lyrics: “Hey hey, ho ho, discrimination has got to go.”
As they made their way back up the street, a lone man carrying a sign saying “Homo Sex is Sin” staked out a spot near their final stop, the steps of the old Carnegie Library. The man, Paul Mitchell, described himself as a Christian from Riverside who showed up because of what the Bible says about homosexuality. …When the crowd gathered on the steps of the library to listen to inspirational words, Mitchell heckled them, yelling out “repent” several times, before leaving in a white van parked nearby.
In Gainesville, FL:
Huddled under rainbow–colored umbrellas, Amendment 2 protestors met in the drizzling rain Saturday afternoon with a message: equal rights for everyone. About 150 Gainesville residents rallied for an hour and a half at the corner of East First Street and University Avenue for the repeal of Amendment 2.
At least 250 people rallied and marched in Riverside. … Same-sex-marriage supporters also rallied in places that had no organized gay activism before Prop. 8, including Moreno Valley, Colton, Hemet, the Big Bear area and Victorville.
…In Riverside, protesters set off from City Hall and broke into several groups to march through downtown streets, waving signs reading “When do I get to vote on your marriage?” and “Black, Straight, Against 8.”
In Colton, about 40 people marched in front of Colton City Hall chanting slogans such as “Gay, straight, black or white, Americans for civil rights!” …Nicolas Daily, 19, a black gay man who grew up in Colton, said one reason he attended the Colton rally was to increase the visibility of gays and lesbians of color.
In Pasadena, CA:
About 300 demonstrators crowded onto the steps of Pasadena City Hall on Saturday to protest the passage of Proposition 8. …”I don’t know about you, but I am tired of using the quiet approach,” said 29-year-old Scott Boardman of Monrovia, who spearheaded the event. “I want the fair approach, and if that means knocking on every door or having rallies every week, then so be it.”
In Redlands, CA:
Mike Hinsley and Scott Ruiz have been partners for six years. When Proposition 22 was overturned in 2007, making same-sex marriages legal in California, they held off. “As soon as the Supreme Court overturned it, we heard about Prop. 8, so we were waiting to see what was going to happen,” Hinsley said. On Saturday, Hinsley, 26, and Ruiz, 28, joined about 150 people in front of City Hall to protest Prop. 8. The protest was one of many held all over the nation, organized by www.jointheimpact.com.
In Stockton, CA:
About 200 people gathered at City Hall late Saturday morning before marching along two of downtown Stockton’s busiest streets in one of hundreds of simultaneous demonstrations in support of gay-marriage rights planned throughout the state and country. …I just think that it was important to bring something like this to Stockton,” said Sarah Amaton, the Manteca resident who coordinated San Joaquin County’s rally. Another is planned for 6 p.m. Monday, also at City Hall.
In Northampton, MA:
Hundreds of demonstrators spilled down the steps of City Hall and onto Main Street Saturday, part of a wave of nationwide protests over the passage of Proposition 8 in California. The rally was boisterous, even by Northampton’s standards, where rallies for social change are a staple of the cultural landscape.
… The local protest drew hundreds of same-sex couples and gay rights advocates of all ages, plus openly gay five-term Mayor Mary Clare Higgins, who sat on the steps and sang with “The Raging Grannies,” a social activism group who led the crowd in a pro-gay rights sing-along. Organizer Kathryn L. Martini, of Greenfield, said similar protests took place simultaneously in all 50 states. She estimated as many as 900 attended the local stand-out.
In Portsmouth, NH:
Supporters began gathering in Market Square at mid-day and a small group of about 15 around 1 p.m. had grown to nearly 100 within the hour. “Gay, straight, black or white, marriage is a civil right,” they chanted. Held on display in the middle of a crowd was a rainbow flag with “LOVE,” written across it. …Passers-by honked their horns in support, which led to cheers from the demonstrators.
In Pomona, CA:
“People tell us, `Go home. It’s over. It’s already been voted on,”‘ said Thuan Nguyen. “I say just because it’s voted on doesn’t mean homosexuality is going to disappear.” The 20-year-old Montclair resident was among more than 400