Posts Tagged As: Marriage
June 8th, 2016
U.S. District Judge Callie Granade of Mobile has issued an order permanently enjoining errant judges and clerks in Alabama from trying to enforce the state’s constitutional amendment banning same-sex marriage:
The judge writes that the order is needed because state laws against same-sex marriage remain on the books. She says the Alabama Supreme Court’s willingness to issue decisions conflicting with the U.S. Supreme Court demonstrate the need for permanent action.
Alabama Supreme Court Chief Justice Roy Moore has issued a string of orders demanding that Alabama clerks disobey Federal court rulings which declared Alabama’s same-sex marriage ban unconstitutional. Judge Granade was the judge who issued that ruling, and Moore has been in a locked battle with her ever since.
That battle continued long after the U.S. Supreme Court knocked down gay marriage bans nationwide last summer. On January 6 of this year, Moore issued an order reading, “Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect,” That prompted an ethics complaint by the Montgomery-based Southern Poverty Law Center and a ruling by the Alabama Judicial Inquiry Commission suspending Moore from the Supreme Court pending trial.
Granade notes that despite Moore’s suspension, her order was still necessary because the Alabama Supreme Court has refused to withdraw Moore’s order or a previous order instructing clerks to disregard the U.S. Supreme Court:
“The failure of the Alabama Supreme Court to set aside its earlier mandamus order and its willingness to uphold that order in the face of the United States Supreme Court’s ruling in Obergefell demonstrate the need for a permanent injunction in this case. . . . [A]s long as the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act remain on the books, there continues to be a live controversy with respect to which the Court can give meaningful relief.”
February 25th, 2016
Italy has finally taken steps to join most of the rest of Western Europe in recognizing the validity of same-sex relationships. (AP)
Italy’s Senate voted Thursday to grant legal recognition to civil unions, as the last holdout in Western Europe took a compromise step to give some rights to gay couples after a bitter, years-long battle.
It passed 173-71, well over the threshold necessary.
In a nation heavily influenced by the Catholic Church, this has been a difficult process and is a break-through. The Catholic hierarchy has spoken in opposition to the bill and religious affiliation had caused a rift in the ruling Democratic Party.
Italian Prime Minister Matteo Renzi has been increasingly desperate to get a civil rights bill on the books. To ensure passage, he made the bill a conscience vote, one in which a failure to pass would result in his removal as head of government.
Even so, the bill was headed for defeat before it was amended to exclude an adoption provision which did not have the necessary support in the legislature. The bill originally allowed one partner to adopt the other partner’s natural children (couple adoption of non-biological children has very little support).
As the final product was not as anticipated, the bill is not being met with universal jubilation. It is, nevertheless, a significant and important step towards equal rights for gay Italians.
To become law, the bill must now pass the lower Chamber of Deputies.
January 26th, 2016
Marriages occurring anywhere in the country are recognized throughout. So, since December 2009 when Mexico City legislators voted for marriage equality, same-sex couples could travel to the capital and have their relationship recognized upon their return.
However, other than in six states, locally conducted same-sex marriage is illegal. But these are not laws without a solution. A couple can go to court and request an amparo (a sort of civil rights ruling) which states that the law is unconstitutional and which would allow that couple (but only that couple) to marry.
The outcome is assured; the Supreme Court has established that all such efforts result in approval of the marriage. So any same-sex couple can marry in any state – though it takes a lawyer, about $1,000, and a month to go through the legal process.
Additionally, after five identical amparos have been granted in one state, precedent is set and that state then will recognize same-sex marriages without any need for additional amparos. So for about $5,000 per state (about $125,000 total) and less than a year, marriage equality could be universal across the nation. Considering that in the US the legal battle cost tens of millions of dollars, this is a bargain and activists are implementing a plan to grind through the ampero process.
Meanwhile states are individually chugging along towards equality, some through non-amparo means. Currently Mexico has six equality states (out of 31):
Quintana Roo (Cancun) – In December 2011, local officials realized that the law did not mention the gender of those seeking marriage and that there was no restriction on same-sex couples.
Coahuila – In September 2014, Coahuila became the first state to enact marriage equality by means of legislative vote.
Chihuahua (Juarez) – By mid 2013, the required five amparos had been issued. The state legislature did not act, and couples asked the Supreme Court to order the state to comply. So as to avoid such a ruling, in June 2015 the governor announced that the state would no longer enforce the unconstitutional law.
Guerrero (Acapulco) – also in June 2015, the governor of Guerrero announced that it would not enforce the marriage ban. This was proactive as the state had not processed five amparos. The governor has presented a bill to the state legislature to change the law.
Nayarit – In late December 2015, the legislature voted 26 to 1 in favor of marriage equality.
Jalisco (Guadalajara) – today. This one is a pinch more complicated. Whenever a state law is published in Mexico, opponents have 30 days to file an action of unconstitutionality with the federal courts. Jalisco had recently made an unrelated change in its marriage laws and had republished the marriage code. This opened a window in which activists could challenge the limitations as to gender. The Supreme Court heard the case and today ruled 11 to 0 that Jalisco’s ban on same-sex marriage is unconstitutional.
January 8th, 2016
On Wednesday, following Alabama Chief Justice Roy Moore’s pronouncement that no marriage licenses can be issued to same-sex couples in the state, Mobile County stopped issuing marriage licenses altogether. Now they have resumed. (Fox6News)
The Mobile County Probate Court will re-open marriage license windows Friday morning, Mobile County Probate Judge Don Davis said in a statement.
Davis’ statement says, “In an abundance of caution, the Court wanted an opportunity to review the order, and to have legal counsel research the matter. The Court is now satisfied, on the advice of counsel, that the appropriate action is to open the window and resume issuance of marriage license.
Poor Alabama. It’s a sad state of affairs when the state’s judicial officers just ignore the instruction of the state’s Chief Justice.
December 24th, 2015
Greece’s parliament has approved a bill granting same-sex couples the right to a civil union, becoming one of the last European countries to give them legal recognition after years of opposition from the influential Orthodox church.
The bill does not include adoption rights and may have other deficiencies.
December 10th, 2015
The Bailiwick of Guernsey is a possession of the British Crown in the English Channel. Though it relies on the United Kingdom for defense, the collection of islands with a population of about 65,000 is politically autonomous and has its own legislature.
Guernsey’s legislature has now voted to introduce a bill to recognize same-sex marriages (BBC)
The move to introduce same-sex marriage was approved 37-7.
It is not clear when the legislation, which will be voted on separately, will come back to the States or when the law will come into effect.
A Policy Council spokesman said it depends on the “priority given to the legislation” and time needed to draft it. He said at the earliest this “would not be before 2017”.
They rejected, with similar margins, bills which would provide for civil unions or other secondary recognition.
Of the other two Crown possessions, Jersey adopted marriage equality earlier this year and the Isle of Man passed a civil partnership bill in 2011 and is in the public consultation process of changing to marriage.
November 6th, 2015
Apostasy is the act of rejecting one’s (former) religious beliefs and denying the teaching of one’s church. It’s not simply a matter of disagreement on issues, doubt about doctrine, or failing to apply specific teachings to one’s life.
A Catholic family can quietly go about utilizing contraception without being apostate. They can march in protest when their local Catholic School fires a gay teacher. They can question whether restriction on priests’ gender is based more in misogyny than in revelation. But if they reject the doctrine that the sacrifice of Jesus Christ provides redemption for sin, then they are denying the central tenet of the Catholic faith and are in apostasy.
Religions and denominations respond to apostasy with a wide array of reaction. Protestant Christians will probably do little more repeatedly tell you that they are praying that you get right with God. In some Muslim sects, they will stone you to death.
Mormons, whose communities are largely built on interconnecting family ties, may find that rejecting their faith comes with a high cost. Being viewed as apostate can leave one with little social or family network to rely on as exclusion from the daily activities of one’s religion is often the same as exclusion from one’s social and family circle.
For many denominations, apostasy is ill defined. Just how far one can go without becoming apostate is a bit nebulous across the vast diversity in religious belief.
But the Mormons make it very simple. And in their latest revision, they list the five things that one can do which are apostasy.
1. Repeatedly act in clear, open, and deliberate public opposition to the Church or its leaders.
Okay, that seems pretty standard.
2. Persist in teaching as Church doctrine information that is not Church doctrine after they have been corrected by their bishop or a higher authority.
Again, that makes sense.
3. Continue to follow the teachings of apostate sects (such as those that advocate plural marriage) after being corrected by their bishop or a higher authority.
Yeah, I suppose following apostate teachings makes you apostate.
We’ll skip #4 for a moment.
5. Formally join another Church and advocate its teachings.
Well now this is getting downright boring.
4. Are in a same-gender marriage.
Of all the possible things that one could do as a Mormon that flies in the face of church teaching, only one is so grievous as to be specifically and exclusively declared apostasy? And that one thing is gay marriage?
Oh silly Mormons. And you wonder why it is that the world around you thinks that you are a bunch of raging homophobes.
November 2nd, 2015
Nevertheless, baptism, confirmation, marriage and burial in Norway all have strong religious associations. And for that there is the Church of Norway, an Evangelical Lutheran body that was, until 2012, the state church.
About three quarters of Norway’s population is on the Church of Norway’s roster, mostly due to automatic enrollment of any child who has a parent in the church. And roughly two-thirds of infants in Norway are confirmed in the church. So this body may not be particularly representative of the people, but it is relevant to them.
In 2014, the church’s synod rejected a liturgy for same-sex marriage. This was not received well by the Norwegian people, the vast majority of which support gay marriage.
At that time, the bishops were split, with some opposing the practice. Now they have unified in policy if not in theology. (yahoo)
Church of Norway bishops said Friday that they were unanimously in favour of allowing gay couples to marry in religious ceremonies, a hot-button issue to be decided on next year.
After a meeting lasting several days, the 12 bishops called for the synod — the church’s governing body — to adopt new rules allowing the same rights to apply to both heterosexual and homosexual couples when it comes to marriage in the church.
The new policy would allow individual pastors to opt out of performing same-sex marriages. The synod vote will be in April 2016.
September 23rd, 2015
Jersey is a possession of the British Crown, but is autonomous and self governing. Although the United Kingdom is responsible for Jersey’s defense and international relationships, it is not part of the UK.
Earlier this week, the unicameral State of Jersey Assembly voted 37 to 4 to include same-sex couples in the island’s marriage and divorce laws.
September 20th, 2015
Either Tennessee politicians Rep. Mark Pody, R-Lebanon, and Sen. Mae Beavers, R-Mt. Juliet, are phenomenally dense and lack even the most rudimentary understanding of law or else they are about the most pandering creatures on the planet. Even grade schoolers know that the US Constitution, as measured by the Supreme Court of the United States, is of a higher order than state law. But that makes no matter to these nincompoops. (Tennessean)
On Thursday two state Republican lawmakers unveiled their answer: a bill that they believe voids the Supreme Court decision and continues to define marriage under Tennessee law as a union between a man and a woman.
“Natural marriage between one (1) man and one (1) woman as recognized by the people of Tennessee remains the law in Tennessee, regardless of any court decision to the contrary,” the bill states.
“Any court decision purporting to strike down natural marriage, including (a recent U.S. Supreme Court decision), is unauthoritative, void, and of no effect.”
Their bill consists primarily of seven pages of WHEREAS statements quoting freely from the dissents penned by the Justices on the losing side of Obergefell v. Hodges. For some reason, they seem to think that the determination of Supreme Court Justices are legally compelling, but only when they agree with them.
This bill will go nowhere. Even should the legislators in Tennessee unanimously pass the bill with trumpet flare and dancing nymphs, it has no legal basis and will impact nothing. This sort of cynicism is a sad reflection on our political system and on the gullibility of these lawmakers’ constituents.
September 17th, 2015
In November 2008, it came to our attention that the Supreme Court of Nepal, a small Himalayan landlocked country between India and China, was pushing the nation to include protections and rights for LGBT citizens (it should be noted that Nepalese perspectives about gender and sexuality are probably different from that of Western societies, but LGBT likely adequately encompasses the ruling.)
In January of 2010, it appeared that LGBT protections, including marriage rights, were to be included in the nation’s new constitution and that the deadline for implementation was May 28, 2010.
But that date passed and political turmoil in Nepal’s parliament hindered the passage of the constitution. And not just for a brief while. Year after year has passed and nothing resulted but turmoil and strife.
But in April of this year, an earthquake registering on the Richter Scale at about 8.0, changed the nation’s priorities. About 9,000 people died and tens of thousands of others were injured. Ancient architectural landmarks were destroyed and entire villages were wiped out, leaving hundreds of thousands homeless. The nation’s response was abysmal, and much of the chaos was blamed on a lack preparedness due to political squabbling.
Suddenly the political differences seemed less important.
And finally, more than five years late, the constitution has been approved. (Time)
The landlocked Himalayan nation’s parliament passed the constitution on Wednesday with 507 out of 601 members of its Constituent Assembly voting in favor, Agence France-Presse reported.
The new charter replaces an interim constitution that has governed the country since 2007, when a decadelong civil war culminated in the end of its Hindu monarchy.
And it does appear that specific LGBT protections are in place: (HRC)
Article 12 states that citizens will be allowed to choose their preferred gender identity on their citizenship document. The choices available are male, female or other.
Article 18 states that gender and sexual minorities will not be discriminated against by the state and by the judiciary in the application of laws. It further adds that the government may make special provisions through laws to protect, empower and advance the rights of gender and sexual minorities and other marginalized and minority groups.
Article 42 lists gender and sexual minorities among the groups that have a right to participate in state mechanisms and public services to promote inclusion.
It remains to be seen whether these changes include marriage rights. However, as the Supreme Court has in the past directed that the government provide such rights, it seems likely that they will broadly interpret Article 18 and marriage equality may finally come to Asia.
September 17th, 2015
Legislators in Alabama have been approaching the issue of issuing marriage licenses with creativity. Instead of coming up with escape clauses for those who go into conniptions at the thought of handing a piece of paper to an actual homosexual (gasp), the Alabamians just want to get out of the marriage business altogether. Rather than giving someone license to marry, they want to just record – after the fact – that people have entered into a contract of marriage, just like you would record a deed.
Which is not necessarily a horrible thing. There may be issues with how such a contract is seen by the Federal Government or by other states, but the marriage license process is pretty rote anyway and one less visit to the local petty bureaucrats is a blessing, not a hardship.
The House voted 53-36 in favor of the bill. But it required a two-thirds vote for approval because it was not part of the governor’s call for the special session.
It should be noted that the bill received majority support in the House and passed the Senate in June by a vote of 22 to 3. So there is a very good chance that this bill will be resurrected in the next session.
Meanwhile, Nick Williams, the Judge of Probate for Washington County (think County Clerk) has filed a petition with the Alabama Supreme Court expressing his concern about having to issue “a license to engage in sodomy”. I am not myself familiar with the Sodomy License and wonder whether, as with a Driver’s License, one has to take a test to show proficiency. Perhaps there’s a training course and a learner’s permit?
Williams has asked the Alabama Supreme Court for an order “upholding and enforcing the Alabama Constitution ans Alabama’s marriage laws, notwithstanding the decision in Obergefell v. Hodges.” In other words, he’s asked that the federal ruling by the Supreme Court of the United States be reversed by Alabama’s Supreme Court.
Of course the Supremacy Clause in the US Constitution prohibits states from overruling the US Constitution. But the yahoos on the Alabama Supreme Court have little regard for the rule of law or constitutions and they just might rule for Mr. Williams.
September 16th, 2015
September 15th, 2015
Spanish couples are now celebrating ten years of wedded bliss. But in 2005, they were fighting for their equality and their primary opponent was Mariano Rajoy, leader of the People’s Party (the conservative, Christian democratic party).
The People’s Party brought witnesses against equality and vetoed the bill in the Senate. But ultimately President Zapatero and the Socialist Worker’s Party were able to get the legislation passed, much to Rajoy’s ire.
But the sky didn’t fall.
And six years later when the PP gained power and Rajoy became Prime Minister, marriage equality was already a comfortable status quo. Rajoy inquired with the Constitutional Court as to whether the law was Constitutional. The court found it so, and that was as far as the matter went.
Now Rajoy may find himself even more comfortable with the concept. I don’t know whether he still opposes same sex marriage but, if so, it is a theoretical rather than personal opposition. (thelocal)
The Prime Minister’s words have come back to haunt him this week as he faces the prospect of attending the gay wedding of his colleague and close friend, Javier Maroto, an under-Secretary within the Popular Party and former mayor of the city of Vitoria.
Maroto, 43, will marry his long-term partner, Josema RodrÃguez on Friday September 18th in Vitoria, the capital of the Basque Country.
But sources close to the Prime Minister have confirmed that it is “99 percent sure” he will attend the wedding:
“Javier is more than a colleague, he is a great friend,” the source told El Mundo.
(Also ElMundo in Spanish)
September 14th, 2015
Rowan County Clerk Kim Davis has tearfully reached the exact position that the County, the Governor, the federal judiciary, and her gay constituents have been demanding of her. Marriage licenses will continue to be issued. (Huffpo)
“I want the whole world to know … If any [deputy clerk] feels that they must issue an unauthorized license to avoid being thrown in jail, I understand their tough choice, and I will take no action against them,” she said. “However, any unauthorized license that they issue will not have my name, my title or my authority on it. Instead, the license will state that they are issued pursuant to a federal court order.”
Of course no one else is questioning their validity and Davis’ only purpose in doing so is a whiny pretense that her efforts to impose her religious values on the county were not in vain.
UPDATE: new twist: Davis has altered the marriage licenses to remove any reference to deputy clerk. By “unauthorized”, she means “altered”. They likely are invalid.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.