Judge Rules Court Challenges to Illinois Gay Marriage Ban Can Proceed

An Illinois judge has rejected motions to dismiss two court cases challenging the constitutionality of the state's ban on same-sex marriage, Reuters reports: 

 

Cook County Circuit Court Judge Sophia Hall ruled that lawsuits brought by same-sex couples have a chance of succeeding with the argument that the state's ban on gay marriage discriminates against them.

The ruling is a boost for Illinois supporters of gay marriage trying to legalize gay nuptials through the courts because efforts through the state legislature fell short.

The ACLU and Lambda Legal praised the decsion in a press release:

"This ruling is a big step forward in putting an end to government-sanctioned discrimination against same-sex couples and their families in Illinois, but we must continue to push forward until loving lesbian and gay couples have the freedom to marry here in Illinois," said John Knight, director of the LGBT Project at the ACLU of Illinois. "Same-sex couples and their children have been waiting far too long in Illinois for the freedom to marry, watching as state after state has recognized that lesbians and gay men should have the freedom to marry while Illinois continues to deny them the respect associated with marriage, as well as the full access to the federal protections and responsibilities."

Although the court dismissed the sex discrimination and other claims specific to the Illinois constitution, the plaintiffs can obtain everything they seek -- a declaration that the marriage ban is unconstitutional and an order requiring the state to issue marriage licenses to same-sex couples -- through the claims that remain. The American Civil Liberties Union and Lambda Legal filed the cases in May of 2012.

"We are pleased that the court saw that our couples have a right to their day in court on the merits of their claims for liberty and equality. Illinois' marriage ban not only brands these couples and their children as inferior under state law, but now that the federal law known as DOMA has been struck down by the Supreme Court, Illinois is the only thing standing between these families and full federal respect for their relationships," said Camilla Taylor, marriage project director for Lambda Legal. "Loving same-sex couples in Illinois can't wait any longer for the freedom to marry. We're excited to get to the next step and make the case for equality."

ACLU, 6 New Mexico Couples File Brief Urging High Court to Issue Binding Ruling Legalizing Same-Sex Marriage

Today, the American Civil Liberties Union, the ACLU of New Mexico, the National Center for Lesbian Rights (NCLR), the law firm of Sutin, Thayer & Browne APC, and other New Mexico attorneys filed a brief with the New Mexico State Supreme Court on behalf of six couples seeking the freedom to marry for all same-sex couples in New Mexico. 

 

The brief was requested by the NM Supreme Court in response to a petition filed by 33 New Mexico County Clerks asking the court to issue a state-wide, binding resolution on the legality of same-sex marriage.

Arguments are set for October 23.

Said Laura Schauer Ives, ACLU-NM legal director, via press release:

"Every New Mexico court that has considered our claims has agreed that it is unconstitutional to deny marriage to loving, committed same-sex couples. We are hopeful that the New Mexico Supreme Court will agree that same-sex couples in our communities deserve full respect and recognition of their relationships, and issue a writ to resolve all claims on constitutional grounds." 

Added Shannon Minter, NCLR legal director:

"We agree with the 33 county clerks who say New Mexico families need certainty. New Mexico lacks a state-wide, binding resolution on the question of whether same-sex couples can marry. The more than 1,000 same-sex couples who have legally married in New Mexico over the past several weeks need to know that their marriages are valid and respected." 

Added Elizabeth Gill, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project: "In recent years we have seen an astounding wave of support for the freedom to marry nationwide. It is time for New Mexico to join the growing list of states that recognize marriage equality for all loving and committed couples."

TN School Board Removes LGBT 'Safe Space' Posters From Campus, Claims They Were Too 'Sexual'

The Rutherford County Board of Education in central Tennessee is under quite a bit of fire from the state and national American Civil Liberties Union after deciding to remove all of GLSEN's 'Safe Space' posters (pictured) from classrooms at its Central Magnet School. The reason? The school board claimed the poster's content was too 'political' and 'of an inappropriate sexual nature' because it contained the words 'lesbian, gay, bisexual, and transgender.'

The ACLU, however, says the school board's claims are "obvious mischaracterization[s]" and "grossly misconstruing the nature of the poster." Additionally, the ACLU says that legal action may be required if steps are not taken to reverse the decision:

"Removal of these posters is a violation of the free speech rights of students and teachers," said Thomas H. Castelli, ACLU-TN Legal Director. "Permitting some student groups but not others to display posters amounts to unconstitutional, discriminatory censorship."

GLSEN has also responded, stating that many students in Tennessee already feel unsafe at school because of their sexual orientation, which can cause absenteeism, lowered academic achievement, and poorer psychological well-being.  88% of LGBT students in Tennessee have been verbally harassed and 43% have been physically harassed in the past year because of their sexual orientation, according to GLSEN's "2011 Tennessee State Snapshot."

"Removing a GLSEN Safe Space poster that promotes a positive learning environment free from harassment is alarming given that a majority of LGBT students in Tennessee report feeling unsafe in school because of their sexual orientation or gender identity," said Dr. Eliza Byard, GLSEN's Executive Director. "Every student deserves to feel safe in school and our Safe Space posters, a part of GLSEN's Safe Space Kit, play a vital role in conveying that very message. Students know they have an educator to turn to for support when they see our poster displayed in a school classroom or office."

The school board has yet to respond to the ACLU letter, which can be read here.

New Mexico Supreme Court Rules Against Photographer Who Refused Service To Gays

The Religious Right finally has the cherry on top of the martyrdom story they’ve been flogging for years, about Elane Photography in New Mexico, which refused to photograph a lesbian wedding based on their “deeply held beliefs.” We’re sorry, Elane Photography and any other anti-gay folks who want the nation to create special exceptions in the law to accomodate their bigotry, but the New Mexico Supreme Court has just ruled that you have to play by the same rules as everyone else. This is from the ACLU’s press release:

The New Mexico Supreme Court ruled today that Elane Photography illegally discriminated against a same-sex couple by refusing to photograph their commitment ceremony due to the business owner’s religious beliefs.
The opinion stated: “We conclude that a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients, is subject to the antidiscrimination provisions of the [New Mexico Human Rights Act] and must serve same-sex couples on the same basis that it serves opposite-sex couples. Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races.”
“When you open a business, you are opening your doors to all people in your community, not just the select few who share your personal beliefs,” said Louise Melling, deputy legal director of the American Civil Liberties Union. “The Constitution guarantees religious freedom in this country, but we are not entitled to use our beliefs as an excuse to discriminate against other people.”

The Religious Right has, for years, simply assumed that they only have to follow the law if it makes them happy, seeing themselves as the Real Americans in the equation. Sadly, this is not the case, bless their hearts.
As Jeremy explains:

If you conduct business with the public in states with inclusive nondiscrimination laws, you have two choices: (a) do your job, regardless of the potential clients’ race, gender, religion, sexual orientation, national origin, etc.; or (b) brush up on your acting skills so that you can hid your desire to discriminate behind an “ah shoot, we’re all booked up at the moment” claim. Citing your personal objections to a “lifestyle” is not going to work.

It really is quite simple.
Get ready for the anti-gay caterwauling to commence within the next fifteen minutes or so.

Pennsylvania Has First Gay Wedding As County Defies Same-Sex Marriage Ban

Pennsylvania is currently the only Northeastern state with a same-sex marriage ban on the books. Although you would never know it if you were to attend the wedding of Alicia Terrizzi and Loreen Bloodgood, or apply for a marriage license in Montgomery County, just outside of Philadelphia. Terrizzi and Bloodgood are one of two couples who have been granted marriage licenses in the county after it decided to defy Pennsylvania's same-sex marriage ban. The country Register of Wills has also said that he will approve any other same-sex couples applying for a marriage license.

The two licenses come just one day after Montgomery County officials announced that they are willing to grant marriage licenses to same-sex couples yesterday. Montgomery County Register of Wills D. Bruce Hanes, an independently elected Democrat, told reporters that he wishes to be "on the right side of history and the law." He also cited Windsor v. United States, the Supreme Court case that gutted DOMA, as well as the ACLU's current suit in federal court to overturn Pennsylvania's same-sex marriage ban, a case that Pennsylvania Attorney General Kathleen Kane has announced that she will not defend. Hanes told reporters that he was actually willing to grant the first same-sex marriage license in Pennsylvania's history one day prior, but that the couple applying decided to withdraw their application after speaking with lawyers from the ACLU.

Molly Tack-Hooper, a spokesperson for the ACLU, noted that this is not the first time that a county has defied a state's same-sex marriage ban:

"We know how it has played out in a few other states; we don’t know how it might turn out in Pennsylvania. Gay and lesbian couples seeking marriage licenses in Montgomery County should be aware that there might be uncertainty about the legal statuses of those marriages for a while because unfortunately in other states, governments have later invalidated the marriages."

It is not yet clear whether the same thing will happen to these two couples. Pennsylvania governor Tom Corbett has not yet announced whether he will defend the lawsuit, and has refused to comment thus far. Hanes also maintains that "I have no knowledge of anything prohibiting me from doing it. If another couple came to me I would treat them exactly the same. I would approve it." The American Family Association of Pennsylvania did offer an opinion, however, written by president Diane Gramley, and addressed Hanes directly.

“Montgomery County’s Register of Wills is an attorney, thus should know the law, and as an elected row officer he has sworn to uphold the law. Apparently he is following the lead of Attorney General Kathleen Kane who has said she would not defend Pennsylvania’s Defense of Marriage Act even though the job she was elected to fill includes defending the laws of the Commonwealth. If he can’t uphold the law and issue marriage licenses only to those who can legally marry in Pennsylvania, he needs to tender his resignation.”

County Commission Chairman Josh Shapiro told the press that "marriage equality will come to Pennsylvania. He says it's just a question of how long it will take." He also said that he is willing to defend Hanes' decision in court. Meanwhile, Alicia Terrizzi told reporters that she and her new spouse, Bloodgood, were not looking to be pioneers by getting married. Instead, they "simply want to take advantage of the opportunity offered by Montgomery County officials."

ACLU Files Suit To Overturn Montana's Ban On Benefits For Same-Sex Couples

Following similar suits in North Carolina and Pennsylvania, the American Civil Liberties Union of Montana has filed an amended lawsuit against the state on behalf of seven gay couples in an attempt to win for them the same benefits that married straight couples receive. The Missoulian reports:

In the amended lawsuit, attorney James Goetz identifies numerous statues, including laws he says prevent gay couples from receiving financial protections given to police officers and spouses and from designating their partners as beneficiaries for worker's compensation.

Other laws Goetz cites exclude gay couples from financial protections for surviving spouses, authority over end-of-life decisions, financial protections due to illness or disability and protections from the dissolution of their relationships.

In December 2012, the Montana Supreme Court denied the ACLU's original appeal challenging every statue excluding committed same-sex couples form protections granted to straight couples. The Justices did say, however, that the ACLU could move forward with statute-specific efforts to secure equal treatment for same-sex couples in the state.