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Quinn symposium + Recess Appointments + Greenhouse gas symposium + Schuette symposium + More * [5-5-14_plainenglish_blue.png] * [5-5-14_videos_blue.png] * [5-5-14_resources_blue.png] * [5-5-14_admin_blue.png] Search Blog or Docke Blog Docket Editor's Note : On Monday at 9:30 a.m. we expect ... (click to view) [btn-close.png] Editor's Note : On Monday at 9:30 a.m. we expect additional orders from the January 23 Conference, as well as one or more opinions in argued cases at 10:00. We will be live-blogging here. [lyle-denniston.jpg] Lyle Denniston Independent Contractor Reporter Posted Fri, November 7th, 2014 8:29 am Bio & Post Archive » Analysis: Paths to same-sex marriage review (UPDATED) Posted Fri, November 7th, 2014 8:29 am by Lyle Denniston UPDATED 4:10 p.m. Lawyers representing the challengers in all six of the cases decided by the Sixth Circuit have agreed, legal sources said Friday, that they will each go directly to the Supreme Court, bypassing en banc review requests. Petitions in the Supreme Court may be filed as early as late next week, according to those sources. That probably would head off any vote, called at the request of any judge on the Sixth Circuit, on whether to move to en banc review. ————– Depending upon how fast lawyers choose to move, the issue of same-sex marriage could be back before the Supreme Court in a matter of days. So far, only one option has been closed off. The remaining options have some, perhaps considerable, chances of success. The decision Thursday by the U.S. Court of Appeals for the Sixth Circuit, upholding bans on same-sex marriage in four states, has clearly increased the prospect that the Justices will now take on one or more appeals — perhaps even in time for decision in the current Term. Already, lawyers representing some of the same-sex couples involved have promised a swift appeal to the Supreme Court. A direct challenge to the Sixth Circuit’s ruling is one of a handful of potential ways to try to persuade the Court to step in now. When the Court on October 6 turned down seven petitions from five states, there was then no split in final decisions among federal courts of appeals in the most recent round of same-sex marriage lawsuits; all had struck down state bans. But the actual date of those denials is now decisive in taking away one option to appeal to the Court. Under the Court’s rules, a lawyer in any one of those cases could have asked the Justices to reconsider the denial. That is a tactic that almost never works, but there is an important modern precedent for doing so: after the Supreme Court had turned down a major case on the rights of war-on-terrorism detainees at Guantanamo Bay in 2007, it changed its mind, accepted review, and went on to issue a major constitutional ruling in 2008. Before the Sixth Circuit’s ruling on same-sex marriage, such a rehearing plea probably would have been futile. The option is no longer available: the Court’s Rule 44 says that a petition for rehearing of the denial of a petition must be filed within twenty-five days after the denial order was issued. And the rule specifies that the time “will not be extended.” So, for the seven petitions, that cutoff date has come and gone. What other options remain? There is the option of asking the Sixth Circuit itself to reconsider its ruling before the full bench (“en banc”) as a prelude to going on to the Supreme Court, but that would slow down the process considerably and very likely would delay the issue beyond the Court’s current Term. And, it appears, at least some of the lawyers and their clients have already ruled that out. Assuming a direct approach to the Supreme Court, here are some alternatives: Option 1: File one or more petitions for review, focusing on the Sixth Circuit’s ruling. While the Court’s rules allow ninety days before such a petition must be filed, no one expects any lawyer interested in prompt review to take that much time. Petitions could be filed very quickly because the lawyers involved are fully familiar with the issues, and need not write an exhaustive petition at this stage. It basically would be a matter of rearranging arguments already advanced in lower courts and then getting the documents printed — tasks that can be done very rapidly. Lawyers handling the several cases will be planning jointly, but that, too, need not take much time. Option 2: File a petition for review of a ruling by a different federal appeals court that has not yet been appealed to the Supreme Court and for which the ninety-day filing deadline has not yet been reached. There was not much promise of gaining Supreme Court review of such a case when there was no split in the appeals courts; now there is. Cases decided in the Ninth Circuit, for example, would be open to this option, particularly a case from Idaho. That is an option that might well be attracted to officials in a state who want to continue to strongly defend their same-sex marriage bans. Option 3: Ask the Supreme Court to grant review now of a case that is now pending in a federal appeals court, but has not yet been decided there. Such a petition for “certiorari before judgment” is allowed, as long as the case has formally been filed in a federal appeals court. That is already the situation for cases from Louisiana and Texas, in the Fifth Circuit; from Kansas, in the Tenth Circuit, and from Florida, in the Eleventh Circuit. It will soon be true in other courts of appeals, such as a Puerto Rico case in the First Circuit. Among those three options, Option 1 might have the most promise of gaining Supreme Court review because the Sixth Circuit’s decision is the one that broke the pattern, because it involves an array of cases from four states, raising the constitutionality of bans on both new same-sex marriages and the official state recognition of out-of-state same-sex marriages, because it was written by a highly respected court of appeals judge (Jeffrey S. Sutton), because it brought a stirring dissent by another well-regarded jurist (Senior Circuit Judge Martha Craig Daughtrey), and because the opinions swept across all of the issues that have been raised in case after case — even the rather obscure question whether a refusal to recognize an out-of-state same-sex marriage violates the constitutional right to travel, and the emotional question of whether a death certificate for a same-sex spouse who has now died should show that there was a surviving spouse. The time to prepare the papers in pursuing any one of the three options would not vary much between them. One thing, though, needs to be stressed: the Court itself still retains the option of choosing not to get involved. However, a month after it made that choice on October 6, the situation has changed dramatically, and that option has certainly diminished, if it hasn’t actually lapsed as a realistic matter. If any petition gets to the Court within the next few weeks (at the outside), it could be put before the Justices in time for a hearing and decision in the current Term. The seven petitions denied on October 6 were moved along at a much faster pace than normal. Posted in Cases in the Pipeline, Featured, Same-Sex Marriage, Same-Sex Marriage Post-Windsor Recommended Citation: Lyle Denniston, Analysis: Paths to same-sex marriage review (UPDATED), SCOTUSblog (Nov. 7, 2014, 8:29 AM), http://www.scotusblog.com/2014/11/analysis-paths-to-same-sex-marriage-review/ Share: * Featured Posts Court to rule on lethal-injection protocol – Lyle Denniston Justice Scalia keeps both sides guessing in Fair Housing Act case: In Plain English – Amy Howe Argument analysis: What exactly is a “routine” traffic stop, and should a suspicionless dog sniff be part of it? – Rory Little * Merits Case Pages and Archives [This Term's Merits Cases____________________________________________________________________] Archives [Month____] or [Category_________________________] View Term Snapshot * This Week at the Court On Friday the Court granted two new cases from its January 23 Conference. Lyle covered those orders here. 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North Carolina Reasonable mistake of law provides reasonable suspicion for Fourth Amendment purposes. see all this Term’s cases » * Upcoming Oral Arguments + 2/23Coleman-Bey v. Tollefson Definition of “three strikes” provision in federal Prison Litigation Reform Act. + 2/23Kerry v. Din Right of U.S. citizen to sue consular officer over denial of a visa to a spouse. + 2/24Henderson v. United States Federal court authority to require the government to transfer guns seized from an individual without a legal right to have a gun. + 2/24Tibble v. Edison International Time limit to file a lawsuit against an employee benefit plan manager over investment decisions on plan assets. + 2/25Baker Botts, L.L.P. v. ASARCO, L.L.C. Bankruptcy judge’s authority to award attorneys’ fees for defending an application for an award of such fees. + 2/25Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. Scope of employer’s duty under Title VII not to discriminate against a job applicant based on religion. More Arguments » * Upcoming Petitions Conference of January 23 More Petitions » * Major Pending Petitions + Bourke v. Beshear State ban on same-sex marriage + Obergefell v. Hodges State ban on same-sex marriage + DeBoer v. Snyder State ban on same-sex marriage + Tanco v. Haslam State ban on same-sex marriage * Recent Decisions + Holt v. Hobbs Arkansas ban on half-inch beards for Muslim prisoners violates RLUIPA. + Department of Homeland Security v. MacLean Threshold of eligibility under the Whistleblower Protection Act + Gelboim v. Bank of America Corporation Dismissal of one-claim action in multidistrict litigation triggers a right to appeal. + Hana Financial, Inc. v. 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All rights reserved. * Accessibility * Privacy policy * Cookies info * Terms of use #ProCon.org Headlines Feed ProCon.org Latest Updates Feed [procon-logo-founded-2004.png] Gay Marriage Pros and Cons [translate-button-arrow-small.png] * HOME * MORE ISSUES + EDUCATION o College Education o D.A.R.E. o School Uniforms o Standardized Tests o Tablets vs. Textbooks o Teacher Tenure + ELECTIONS & PRESIDENTS o 2008 Presidential Election (archived 2009) o 2012 Presidential Election (archived 2013) o Bill Clinton o Felon Voting o Local Elections o Ronald Reagan o Voting Machines + HEALTH & MEDICINE o Abortion o Euthanasia o Medical Marijuana o Milk o Obamacare / Health Care Laws o Obesity o Prescription Drug Ads to Consumers o Right to Health Care o Vaccines for Kids o Vegetarianism + MEDIA & ENTERTAINMENT o Social Networking o Video Games and Violence + MONEY & BUSINESS o Big Three Auto Bailout (archived 2009) o Corporate Tax Rate & Jobs o Gold Standard o Insider Trading by Congress (archived 2012) + POLITICS o ACLU o Concealed Handguns o Death Penalty o Drinking Age o Illegal Immigration o Social Security Privatization o WTC Muslim Center (archived 2013) + RELIGION o Churches and Taxes o Under God in the Pledge + SCIENCE & TECHNOLOGY o Alternative Energy vs. Fossil Fuels o Animal Testing o Cell Phones o Climate Change + SEX & GENDER o Born Gay? 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Last updated on: 1/13/2015 8:14:51 AM PST 36 States with Legal Gay Marriage and 14 States with Same-Sex Marriage Bans (dates reflect when laws took effect) * facebook * twitter * google+ * email * print * cite 36 States Have Legal Same-Sex Marriage gay marriage icons legal 25 by Court Decision Alaska (Oct. 17, 2014), Arizona (Oct. 17, 2014), California (June 28, 2013), Colorado (Oct. 7, 2014), Connecticut (Nov. 12, 2008), Florida (Jan. 6, 2015), Idaho (Oct. 13, 2014), Indiana (Oct. 6, 2014), Iowa (Apr. 24, 2009), Kansas (Nov. 12, 2014), Massachusetts (May 17, 2004), Montana (Nov. 19, 2014), Nevada (Oct. 9, 2014), New Jersey (Oct. 21, 2013), New Mexico (Dec. 19, 2013), North Carolina (Oct. 10, 2014), Oklahoma (Oct. 6, 2014), Oregon (May 19, 2014), Pennsylvania (May 20, 2014), South Carolina (Nov. 20, 2014), Utah (Oct. 6, 2014), Virginia (Oct. 6, 2014), West Virginia (Oct. 9, 2014), Wisconsin (Oct. 6, 2014), Wyoming (Oct. 21, 2014) 8 by State Legislature Delaware (July 1, 2013), Hawaii (Dec. 2, 2013), Illinois (June 1, 2014), Minnesota (Aug. 1, 2013), New Hampshire (Jan. 1, 2010), New York (July 24, 2011), Rhode Island (Aug. 1, 2013), Vermont (Sep. 1, 2009) 3 by Popular Vote Maine (Dec. 29, 2012), Maryland (Jan. 1, 2013), Washington (Dec. 9, 2012) Washington, DC legalized gay marriage on Mar. 3, 2010, the date marriage licenses became available to same-sex couples. 14 States Ban Same-Sex Marriage gay marriage icons illegal 13 by Constitutional Amendment and State Law Alabama (2006, 1998), Arkansas (2004, 1997), Georgia (2004, 1996), Kentucky (2004, 1998), Louisiana (2004, 1999), Michigan (2004, 1996), Mississippi (2004, 1997), Missouri (2004, 1996), North Dakota (2004, 1997), Ohio (2004, 2004), South Dakota (2006, 1996), Tennessee (2006, 1996), Texas (2005, 1997) 1 by Constitutional Amendment only Nebraska (2000) _____________________________________________________ 7 states where gay marriage bans have been overturned, but where appeals are in progress In 2013 and 2014, following the US Supreme Court's United States v. Windsor decision, gay marriage bans were overturned by court rulings in several states, but those rulings were put on hold pending appeals to the US Supreme Court. On Oct. 6, 2014, the Supreme Court declined to hear appeals from five of those states, and the decision immediately cleared the way for legal gay marriage in Indiana, Oklahoma, Utah, Virginia, and Wisconsin. Six other states, Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming, were also potentially affected by the Supreme Court ruling because they were in the jurisdictions of the lower courts that had overturned the gay marriage bans. ARKANSAS – On May 9, 2014, Arkansas' gay marriage ban was ruled unconstitutional by Pulaski County Circuit Judge Chris Piazza. Arkansas had previously banned gay marriage by both state law and voter-approved constitutional amendment. Some Arkansas counties began issuing marriage licenses to same-sex couples on May 10, 2014, while other counties refused to issue licenses. Arkansas Attorney General Dustin McDaniel requested that the State Supreme Court put a stay on Judge Piazza's ruling, but the request was denied on May 14, 2014. The Supreme Court effectively halted gay marriages from taking place, however, by noting that while Judge Piazza's ruling had struck down both the constitutional amendment and the state law, it had not affected an additional state law prohibiting county clerks from issuing same-sex marriage licenses. 456 licenses had been issued in total. On May 15, 2014, Judge Piazza expanded his ruling to strike down the additional law and any other measures that made gay marriage illegal, but on May 16, 2014 the State Supreme Court suspended that ruling, halting all gay marriages within the state. On Nov. 25, 2014, US District Judge Kristine Baker ruled the state's gay marriage ban unconstitutional, but stayed her own ruling, pending expected appeals. KENTUCKY – On July 1, 2014, US District Judge John G. Heyburn II ruled that Kentucky's constitutional amendment banning gay marriage violates the equal protection clause in the US Constitution. Judge Heyburn stated that the ban serves "no conceivable legitimate purpose," but stayed his own decision, pending the state's appeal. On Nov. 6, 2014, a three-judge panel of the Sixth US Circuit Court of Appeals overturned Judge Heyburn's ruling 2-1, thus upholding the state's gay marriage ban. An appeal to either the full bench of the court or directly to the US Supreme Court is expected. MICHIGAN – On Mar. 21, 2014, a federal judge ruled Michigan's gay marriage ban unconstitutional. US District Judge Bernard Friedman wrote that "Today's decision... affirms the enduring principle that regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail." Around 300 same-sex couples received marriage licenses before the US 6th Court of Appeals issued a stay on the decision on Mar. 22, 2014, making same-sex marriage illegal again in Michigan, pending the appeal process. On Mar. 28, 2014, US Attorney General Eric Holder stated that the marriages performed prior to the stay being issued would be recognized by the federal government: "These families will be eligible for all relevant federal benefits on the same terms as other same-sex marriages." On Nov. 6, 2014, a three-judge panel of the Sixth US Circuit Court of Appeals overturned Judge Friedman's ruling 2-1, thus upholding the state's gay marriage ban. An appeal to either the full bench of the court or directly to the US Supreme Court is expected. MISSISSIPPI – On Nov. 25, 2014, US District Judge Carlton Reeves ruled the state's gay marriage ban unconstitutional, but stayed his own ruling, pending expected appeals. MISSOURI – On Nov. 5, 2014, St. Louis Circuit Judge Rex Burlison ruled that the state's gay marriage ban is unconstitutional. The ruling only applies to St. Louis, where same-sex couples began applying for marriage licenses shortly after the decision. On Nov. 7, 2014, US District Judge Ortrie D. Smith also ruled that the state's ban is unconstitutional, but stayed his own ruling. Missouri Attorney General Chris Koster announced that he will appeal the ruling to the Eighth US Circuit Court of Appeals. SOUTH DAKOTA – On Jan. 12, 2015, US District Judge Karen Schreier ruled South Dakota's gay marriage ban unconstitutional, stating that "Plaintiffs have a fundamental right to marry... South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification." The ruling was put on hold pending the state's appeal to the 8th US Circuit Court of Appeals. TEXAS – On Feb. 26, 2014, a federal judge ruled Texas' gay marriage ban unconstitutional. Judge Orlando Garcia wrote "Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuges in our U.S. Constitution." He then stayed his own decision pending appeal to the Fifth Circuit Court of Appeals, leaving same-sex marriage illegal in Texas. Timeline of Same-Sex Marriage Bans and Legalizations by Effective Date of Laws Gay marriage 36 states legal 14 states banned Sources: 1. Associated Press, "Appeals Court Halts Gay Marriages in Alaska," usatoday.com, Oct. 15, 2014 2. Associated Press, "Federal Judge Strikes Down SC Gay Marriage Ban," washingtonpost.com, Nov. 12, 2014 3. Associated Press, "Judge Rules SD Same-Sex Marriage Ban Unconstitutional," nytimes.com, Jan. 12, 2015 4. Associated Press, "Justice Kennedy Blocks Gay Marriage Ruling for Idaho, Nevada," usatoday.com, Oct. 8, 2014 5. Associated Press, "'We're Walking on Clouds': Gay Marriages Begin in Nevada," nbcnews.com, Oct. 9, 2014 6. Saeed Ahmed, "Judge Overturns Alaska's Same-Sex Marriage Ban That Dates to 1998," cnn.com, Oct. 13, 2014 7. Cable News Network (CNN) staff, "Federal Judge Overturns Montana's Ban on Same-Sex marriage," cnn.com, Nov. 19, 2014 8. Curt Anderson, "Federal Judge Rules Florida Gay Marriage Ban Unconstitutional, but Delays Issuing of Licenses," ap.org, Aug. 21, 2014 9. Curt Anderson, "Judge Won't Lift Fla. Keys Gay Marriage Stay," ap.org, July 21, 2014 10. Curt Anderson, "Ruling Allows Same-Sex Marriages for Florida Keys," ap.org, July 17, 2014 11. Joseph Ax and Edith Honan, "New Jersey Judge Allows Same-Sex Marriage," reuters.com, Sep. 27, 2013 12. David Bailey, "Minnesota Governor Signs Bill Legalizing Gay Marriage," reuters.com, May 14, 2013 13. David Bailey and Kevin Murphy, "Kansas Ban on Same-Sex Marriage Unconstitutional: Judge," reuters.com, Nov. 4, 2014 14. Robert Barnes, "Federal Judge Strikes Down Va. Ban on Gay Marriage," washingtonpost.com, Feb. 14, 2014 15. Steve Barnes and Emily Le Coz, "U.S. Judges Overturn Gay Marriage Bans in Arkansas, Mississippi," reuters.com, Nov. 26, 2014 16. Eve Batey, "Farewell Prop 8: SF City Attorney Vows to Litigate Aggressively to Ensure Marriage Equality for California," www.sfappeal.com, June 26, 2013 17. Barb Berggoetz, "Indiana Won't Recognize Same-Sex Marriages Performed Last Month," indystar.com, July 9, 2014 18. Greg Botelho, "Same-Sex Marriages on Hold in Idaho, Given Go-Ahead in Arkansas," cnn.com, May 15, 2014 19. Greg Botelho and Bill Mears, "Texas Ban on Same-Sex Marriage Struck Down by Federal Judge," cnn.com, Feb. 27, 2014 20. Cable News Network (CNN), "Same-Sex Marriage in the United States," cnn.com, Oct. 14, 2014 21. Cindy Carcomo, "New Mexico Becomes Latest State to Legalize Gay Marriage," latimes.com, Dec. 19, 2013 22. Andrew DeMillo, "Arkansas High Court Suspends Gay Marriage Ruling," ap.org, May 16, 2014 23. Andrew DeMillo and Christiana Huynh, "Judge Strikes All Arkansas Bans on Gay Marriage," ap.org, May 15, 2014 24. Doug Denison, "Gay Marriage in Delaware to Become Legal July 1," www.delawareonline.com, May 7, 2013 25. Lyle Denniston, "Same-Sex Marriage May Go Ahead in Kansas," scotusblog.com, Nov. 12, 2014 26. Lyle Denniston, "Sixth Circuit: Now, a Split on Same-Sex Marriage," scotusblog.com, Nov. 6, 2014 27. Erik Eckholm, "Same-Sex Marriage Gains Cheer Gay Rights Advocates," www.nytimes.com, Nov. 7, 2012 28. Erik Eckholm, "Oklahoma’s Ban on Gay Marriage Is Unconstitutional, Judge Rules," www.nytimes.com, Jan. 14, 2014 29. Zachary Fagenson, "State Judge Strikes Down Florida's Gay Marriage Ban, Stays Ruling," reuters.com, July 25, 2014 30. Zack Ford, "Federal Judge Orders Indiana to Recognize Terminally Ill Woman’s Same-Sex Marriage," thinkprogress.org, Apr. 10, 2014 31. Andrew M. Francis, Hugo M. Mialon, and Handoe Peng, "In Sickness and in Health: Same Sex Marriage Laws and Sexually Transmitted Infections, Appendix: Legal References and Notes," Emory Law and Economics Research Paper No 11-97, www.emory.edu (accessed Aug. 10, 2012) 32. Human Rights Campaign, "Marriage Center," www.hrc.org (accessed Aug. 10, 2012) 33. Lawrence Hurley, "Supreme Court Allows Gay Marriage to Proceed in South Carolina," reuters.com, Nov. 20, 2014 34. Rachel La Corte, "Washington Voters Approve Gay Marriage," Associated Press, Nov. 9, 2012 35. Lambda Legal, "In Your State," www.lamdbalegal.org (accessed Aug. 10, 2012) 36. William P. LaPiana, "Domestic Partnership Chart," www.actec.org (accessed Aug. 10, 2012) 37. Tom LoBianco, "Court Puts Indiana Gay Marriage Ruling on Hold," ap.org, June 27, 2014 38. Marriage Law Foundation, "Marriage Statutes," www.marriagelawfoundation.org (accessed Aug. 10, 2012) 39. Bob Moen, Associated Press, "Wyoming Becomes Latest to Legalize Gay Marriage," abcnews.go.com, Oct. 21, 2014 40. Michael Muskal and Maura Dolan, "As Colorado Issues Gay Marriage Licenses, 9th Circuit Joins Chorus," latimes.com, Oct. 7, 2014 41. National Conference of State Legislatures, "Child Support and Family Law," www.ncsl.org (accessed Aug. 10, 2012) 42. Scott Neuman, "Federal Court Rules Against Missouri's Gay Marriage Ban," npr.org, Nov. 7, 2014 43. Brendan O'Brien, "Gay Marriage on Hold in Wisconsin Pending Appeal," reuters.com, June 13, 2014 44. Evan Perez and Tom Cohen, "Holder: Government to Recognize Michigan Gay Marriages," cnn.com, Mar. 28, 2014 45. Adam Polaski, "Federal Judge Rules in Missouri, Paving Way for the Freedom to Marry in Show Me State," freedomtomarry.org, Nov. 7, 2014 46. Adam Polaski, "St. Louis, Missouri to Begin Issuing Marriage Licenses after Victory in State Court," freedomtomarry.org, Nov. 5, 2014 47. Lauren Raab, "Third Judge Finds Florida's Gay Marriage Ban Unconstitutional," latimes.com, Aug. 4, 2014 48. Nicholas Riccardi, "Court Rules for Gay Marriage in Oklahoma Case," ap.org, July 18, 2014 49. Nicholas Riccardi, "Judge: Gay Couples Can Keep Marrying in Colorado," ap.org, July 10, 2014 50. Katharine Q. Seelye, "Rhode Island Joins States That Allow Gay Marriage," www.nytimes.com, May 2, 2013 51. Cynthia Sewell, "Otter May Continue Fight to Stop Gay Marriage," idahostatesman.com, Oct. 13, 2014 52. Maya Srikrishnan, "Denver Clerk Joins Boulder in Issuing Same-Sex Marriage Licenses," latimes.com, July 10, 2014 53. Jordan Steffen, "Adams Judge Tosses Colorado Gay Marriage Ban but Stays Ruling," denverpost.com, July 9, 2014 54. Jordan Steffen, "Colorado Supreme Court, Suthers Clear Way for Same-Sex Licenses," denverpost.com, Oct. 7, 2014 55. Jordan Steffen and John Ingold, "Colorado Supreme Court Puts Halt to Boulder Gay Marriage Licenses," denverpost.com, July 30, 2014 56. Jason Stein and Patrick Marley, "Court Rules against Wisconsin's, Indiana's Gay Marriage Bans," Milwaukee-Wisconsin Journal-Sentinel, Sep. 4, 2014 57. Letitia Stein, "Florida Same-Sex Marriage Ban Declared Unconstitutional in Fourth Ruling," reuters.com, Aug. 5, 2014 58. Tribune Wire Reports, "Florida Becomes 36th State to Legalize Gay Marriage," chicagotribune.com, Jan. 6, 2015 59. USA Today, "Gay Marriage in Va. May Begin Next Week," usatoday.com, Aug. 13, 2014 60. Elizabeth Weise, "Federal Judge Allows Gay Marriages to Continue in Utah," usatoday.com, Dec. 23, 2013 61. Pete Williams, "Judge Strikes down Wyoming Gay Marriage Ban," nbcnews.com, Oct. 17, 2014 62. Pete Williams and Tracy Connor, "Federal Appeals Court Strikes Down Utah's Same-Sex Marriage Ban," nbcnews.com, June 25, 2014 63. Reid Wilson, et al., "States Issue First Marriage Licenses after Supreme Court Declines Appeals," washingtonpost.com, Oct. 9, 2014 64. Michael Winter, "Utah to Appeal Gay Marriage Case to Supreme Court," usatoday.com, July 9, 2014 65. Richard Wolf, "Alaska, Arizona Become Newest Same-Sex Marriage States," usatoday.com, Oct. 17, 2014 66. Richard Wolf, "Appeals Panel Strikes Down Virginia Gay Marriage Ban," usatoday.com, July 28, 2014 67. Richard Wolf, "Supreme Court Blocks Same-Sex Marriages in Virginia," usatoday.com, Aug. 20, 2014 68. Richard Wolf, "Supreme Court Puts Utah Same-Sex Marriage on Hold," usatoday.com, Jan. 6, 2014 More on our Gay Marriage Homepage Should Gay Marriage Be Legal? Read More » DONATE - Donate to ProCon.org - DONATE Visit the ProCon.org community on: Twitter Facebook Pinterest Google Plus tumblr YouTube Linkedin RSS Reprinting Policy | How to Cite ProCon.org | Media & Press | Donate to ProCon.org | Disclaimer | Privacy Policy Debate Topics | History of... | Critical Thinking Quotes | Teaching Controversial Issues © 2014 ProCon.org, a 501(c)(3) nonprofit | 233 Wilshire Blvd., Suite 200, Santa Monica, CA 90401 | Tel: 310-451-9596 [p?c1=2&c2=18167300&cv=2.0&cj=1] #LGBTQ Nation RSS Feed LGBTQ Nation Atom Feed REFRESH(900 sec): http://www.lgbtqnation.com/2015/01/federal-judge-strikes-down-alabama-same-sex-marriage-ban/ LGBTQ Nation » Federal judge strikes down Alabama same‑sex marriage ban Comments Feed Nebraska wants lawsuit challenging same-sex marriage ban put on hold Mich. governor hopes to revive legislation prohibiting anti-LGBT discrimination LGBTQ-Friendly Businesses Contact Us • Join our Mailing List [xlgbtq-265.png.pagespeed.ic.g3-UNfPFkRwtnVaFMLO9.png] Become a fan Follow Us on Twitter RSS Feed RSS Feed * Front Page * USA Headlines [xmenudown.png.pagespeed.ic.ULAy_wyB9p-sPjLVA2oT.png] + Alabama + Alaska + Arizona + Arkansas + California + Colorado + Connecticut + Delaware + District of Columbia + Florida + Georgia + Hawaii + Idaho + Illinois + Indiana + Iowa + Kansas + Kentucky + Louisiana + Maine + Maryland + Massachusetts + Michigan + Minnesota + Mississippi + Missouri + Montana + Nebraska + Nevada + New Hampshire + New Jersey + New Mexico + New York + North Carolina + North Dakota + Ohio + Oklahoma + Oregon + Pennsylvania + Puerto Rico + Rhode Island + South Carolina + South Dakota + Tennessee + Texas + Utah + Vermont + Virginia + Washington (State) + West Virginia + Wisconsin + Wyoming * World News [xmenudown.png.pagespeed.ic.ULAy_wyB9p-sPjLVA2oT.png] + Africa + Asia + Central America + Europe + Middle East + North America + Oceania + South America + United Kingdom * Newsmakers * Life / Leisure [xmenudown.png.pagespeed.ic.ULAy_wyB9p-sPjLVA2oT.png] + Coming Out + Health and Wellness + In Memoriam + LGBT Pride + Religion + Travel * Arts / Entertainment [xmenudown.png.pagespeed.ic.ULAy_wyB9p-sPjLVA2oT.png] + Books and Authors + Celebrities + Film + Music and Musicians + Television + Theatre * Sports * Views & Voices * Vlog New & Noteworthy: * [Sally-Kern-192x130.jpg.pagespeed.ce.yy6y8ugVRl8qdcw8b_2Y.jpg] Okla. career anti-gay lawmaker introduces three bills targeting LGBT community * [Bullard-Copeland-1-192x130.jpg.pagespeed.ce.F-tej5FNZJYwcrgg6pUY.jpg] Tennessee school turns away prospective students because parents are gay * [Grindr-192x130.jpg.pagespeed.ce.XZghSaKKjSE9RbeNAsUu.jpg] Federal government spends $432K studying effects of gay hook-up apps * [Cochran1-192x130.jpg.pagespeed.ce.Bwals66vJSMc7o_QOpxH.jpg] Former Atlanta fire chief files religious discrimination complaint against city * [religious-freedom1-192x130.jpg.pagespeed.ce.AYOCWBcjeyTIEqkwW5np.jpg] GOP presses state bills limiting gay rights ahead of Supreme Court marriage ruling * [Luther-Strange-192x130.jpg.pagespeed.ce.iuIwyHSHzkyZGH2zBB9Z.jpg] Ala. AG seeks to stay order to block same-sex marriages until Supreme Court rules * [scouts-192x130.jpg.pagespeed.ce.gP9P1C0AO4msWKkqGXhp.jpg] California bars judges from joining Boy Scouts due to anti-gay discrimination * [Rick-Snyder-192x130.jpg.pagespeed.ce.iG6JD4aRGL_YwoPn-gj5.jpg] Mich. governor hopes to revive legislation prohibiting anti-LGBT discrimination * [alabama-192x130.jpg.pagespeed.ce.OWL7sPk8962jShWjgFPj.jpg] Federal judge strikes down Alabama same‑sex marriage ban * [nebraska-192x130.jpg.pagespeed.ce.Q1uLwkToCCU8bANFD5xI.jpg] Nebraska wants lawsuit challenging same-sex marriage ban put on hold * [Leslie-Rutledge-192x130.jpg.pagespeed.ce.vhiSZzBP_f1A-WDa2XWh.jpg] Arkansas AG asks for new arguments in same-sex marriage case * [Virginia-Flag-192x130.jpg.pagespeed.ce.ems0OHZclQsHafhUD5QF.jpg] Va. Senate panel rejects second parent adoptions for unmarried, same-sex couples * [rhodes-bros-192x130.jpg.pagespeed.ce.S95vbWeWTDRSRkjfLiiN.jpg] Gay twins whose coming out video went viral, appear with dad on Ellen * [Azucar-Bakery1-192x130.jpg.pagespeed.ce.MFgiXg4sXsIZapVX-E9K.jpg] Dispute over Bible cake with gay slurs raises charge of religious discrimination * [ben-carson-192x130.jpg.pagespeed.ce.a7EyHR2AQOeqYQYiTh8A.jpg] Ben Carson: Congress should oust judges who rule for marriage equality Follow breaking news @lgbtqnation Federal judge strikes down Alabama same‑sex marriage ban KIM CHANDLER | Associated Press Friday, January 23, 2015 0 alabama MONTGOMERY, Ala. — Alabama became the latest state to see its ban on gay marriage fall to a federal court ruling Friday, as the issue of same-sex marriage heads to the U.S. Supreme Court. U.S. District Callie V.S. Granade ruled in favor of two Mobile women who sued to challenge Alabama’s refusal to recognize their 2008 marriage performed in California. The ruling is the latest in a string of wins for advocates of marriage rights. Judges have also struck down bans in several other Southern states, including the Carolinas, Florida, Mississippi and Virginia. The U.S. Supreme Court announced this month that it will take up the issue of whether gay couples have a fundamental right to marry and if states can ban such unions. Alabama plaintiffs Cari Searcy and Kimberly McKeand have been a couple for more than 14 years and have an 8-year-old son together who was conceived with the help of a sperm donor. They filed a federal lawsuit after a court refused to recognize Searcy as the adoptive parent of the boy because they were not spouses under Alabama law. “They are ecstatic. They are over-the-top happy about the ruling,” said Christine Cassie Hernandez, a lawyer representing the couple. Hernandez said the couple expected to win in court, but they were surprised that the decision came down so soon. Granade enjoined Strange from enforcing the bans, raising the question of whether the gay and lesbian couples could begin seeking marriage licenses. Advertisement Alabama Attorney General Luther Strange quickly filed a motion Friday evening asking the judge to put the decision on hold until the U.S. Supreme Court issues a ruling. Lawyers for the state argued there would be widespread confusion if “marriages are recognized on an interim basis that are ultimately determined to be inconsistent with Alabama law.” Alabama has two laws banning gay marriage, a state statute and a constitutional amendment called the “Alabama Sanctity of Marriage Amendment” that was approved by 81 percent of state voters in 2006. Granade said both were in violation of the equal-protection and due-process clauses of the U.S. Constitution. Continue reading → Pages: 1 2 3 Share this article with your friends and followers: Explore Archives: Alabama, Marriage Equality, Searcy v. Bentley Related articles * Attorney General Luther Strange (R-Ala.) Ala. AG seeks to stay order to block same-sex marriages until Supreme Court rules Recommended reading * Attorney General Luther Strange (R-Ala.) Ala. AG seeks to stay order to block same-sex marriages until Supreme Court rules * nebraska Nebraska wants lawsuit challenging same-sex marriage ban put on hold * Attorney General Leslie Rutledge (R-Ark.) Arkansas AG asks for new arguments in same-sex marriage case * two-moms Lifting Florida's gay marriage ban allows lesbian couple to be parents * Ben Carson Ben Carson: Congress should oust judges who rule for marriage equality * Colorado state capitol in Denver. Colo. won't clarify civil unions law until Supreme Court issues marriage ruling * Mississippi Supreme Court Mississippi Supreme Court hears arguments over same-sex divorce * President Barack Obama delivers his State of the Union Address before a joint session of Congress on Tuesday, Jan. 20, 2015. State of the Union: Obama says fight for marriage equality is 'a story of freedom' * Georgia Georgia asks judge halt gay marriage challenge until Supreme Court rules Comments Review our Commenting Guidelines here → ________________________________________ Search Google Search LGBTQ Nation Advertise Here [INS: :INS] PinkWink - Where lesbians find love 120x90_B GayMen - Meet hot men. Join Free GayDating.com - Date with Pride Click Here! © 2010 - 2015 LGBTQ Nation, All Rights Reserved. About• Advertise• Copyright• Privacy• Terms of Use (mt) wordpress hit counter Quantcast Quantcast Quantcast #RSS Freedom To Marry * Home * Roadmap to Victory * Take Action * Blog * States * Resources * About * Donate Join Us Sign Up for Updates Email Address ______________________________ Zip Code ______________________________ (BUTTON) SIGN UP The Freedom to Marry Internationally Eighteen countries have approved the freedom to marry for same-sex couples nationwide (Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, France, Brazil, Uruguay, New Zealand, Britain, Luxembourg and Finland), while two others have regional or court-directed provisions enabling same-sex couples to share in the freedom to marry (Mexico and the United States). Many other countries provide some protections for such couples. As more and more countries and parts of the United States win the freedom to marry, we see that families are helped, and communities and countries made stronger, by protecting all loving committed couples. Click the map to enlargen it. (Last Updated: December 2014) [WorldMarriageMapDec2014.png] Countries with the Freedom to Marry The Netherlands: April 1, 2001 [Netherlands.jpg] The Netherlands was the first country to end the exclusion of same-sex couples from marriage in 2001, when their Parliament voted 107-33 to eliminate discrimination from their marriage laws. The law requires that at least one member of the couple be a Dutch national or live in the Netherlands, and it took effect on April 1, 2001. Anne-Marie Thus, a Dutch lesbian who married in 2001, explains, "It's really become less of something that you need to explain. We're totally ordinary. We take our children to preschool every day. People know they don't have to be afraid of us." In December 2012, the Dutch Caribbean island of Saba also established the freedom to marry. Belgium: June 1, 2003 [Belgium.jpg] Belgium became the second country to legalize equal marriage on February 13, 2003, when King Albert II approved the bill, which had previously been passed by the Senate and Chamber of Representatives. Without fanfare, 91 of the 122 deputies in the Belgian Parliament voted for the change, which stipulates that only couples from countries with the freedom to marry can be married under Belgian law. Initially, gay and lesbian couples were not allowed to adopt children under the original legislation, but Parliament passed co-parenting for same-sex couples in 2006. Spain: July 3, 2005 [Spainflag.jpg] After the unexpected victory of the Spanish Socialist Party in 2004, the newly elected Prime Minister, José Luis Rodríguez Zapatero, moved to end the exclusion of same-sex couples from marriage in the country. Despite serious opposition from the Catholic Church, a majority of Spaniards supported the measure, and the Parliament voted 187 to 147 in favor of the freedom to marry. The law states that at least one partner must be a Spanish citizen in order to legally marry, although it also allows couples to marry if they have legal residence in Spain. Following passage and enactment in 2005, Zapatero's said: "We were not the first, but I am sure we will not be the last. After us will come many other countries, driven ... by two unstoppable forces: freedom and equality." In July 2012, after some speculation about repealing the freedom to marry from Spain's new president, the country's Constitutional Court reaffirmed that the freedom to marry was constitutional and ruled that it could not be repealed. Canada: July 20, 2005 [Canadaflag.jpg] On June 28, 2005, the House of Commons in Canada passed the Civil Marriage Act, which was then passed by the Senate on July 19. The Civil Marriage Act, which received Royal Assent on July 20, provided a gender-neutral definition of marriage. The national legislation passed after more than three quarters of Canadian provinces and territories legalized same-sex unions. Since marriage laws in Canada do not have residency requirements, same-sex couples who travel from the United States to Canada may also get married there. Canadian leaders adamantly supported full marriage, as opposed to civil union legislation, saying that they recognized the importance of full equality. Canada's Prime Minister at the time, Paul Martin, explained, "We've come to the realization that instituting civil unions — adopting a 'separate but equal' approach — would violate the equality provisions of the [Canadian Charter of Rights and Freedoms]. We've confirmed that extending the right of civil marriage to gays and lesbians will not in any way infringe on religious freedoms." South Africa: November 30, 2006 [SouthAfrica.jpg] In December 2005, the Constitutional Court of South Africa ruled that denying marriage to same-sex couples violates the country's constitution and gave the Parliament one year to adjust laws to comply with the ruling. The court also made it clear enacting only a civil unions law would not work. On November 14, 2006, Parliament voted, 230 to 41, to end the exclusion of same-sex couples from marriage in South Africa, making the nation the first in Africa to do so. Norway: January 1, 2009 [Norwayflag.jpg] On June 11, 2008, members of Parliament in Norway approved a gender-neutral bill that ended the exclusion of same-sex couples from marriage by a vote of 84-41. Family Issues minister Anniken Huitfeldt noted, "The new law won't weaken marriage as an institution. Rather, it will strengthen it. Marriage won't be worth less because more can take part in it." The Scandinavian country had already allowed gay and lesbian couples to enter into civil partnerships but realized that such partnerships did not provide equality. The law was backed by the ruling red-green coalition of the Labour Party, the Centre Party and the Socialist Left Party, as well as members of the opposition Conservatives and Liberals. Socialist Left Party leader Kristin Halvorsen, also finance minister, said the bill was for "equal rights" and against all forms of discrimination. Sweden: May 1, 2009 [Sweden.jpg] On April 1, 2009, a broad majority of the Swedish Parliament voted in support of a bill to end the exclusion of same-sex couples from marriage. The proposal was approved by a 261 to 22 vote, with 16 abstentions. The new legislation took effect as of May 1, 2009, replacing the legislation approved in 1995 that allowed gay couples to form a union in Sweden via registered partnership. Couples who have registered partnership can keep that status or amend it to a marriage by an application to the authorities. On October 22, 2009, the Church of Sweden's board voted to allow priests to wed same-sex couples using the term "marriage." Portugal: June 5, 2010 [Portugal.jpg] On May 18, 2010, Portugal's President ratified a law that was passed in January 2010 by Portugal's parliament to end the exclusion of same-sex couples from marriage. The law was upheld as constitutional by the Portuguese Constitutional Court in April and was officially published in the official gazette of Portugal on May 31 and took effect a few days later. Iceland: June 27, 2010 [Iceland.jpg] On June 11, 2010, Iceland’s parliament unanimously voted, 49 to 0, to end the exclusion of same-sex couples from marriage. The Althingi parliament voted to add the words “man and man, woman and woman” to the country’s existing marriage legislation. In 2009, the country became the first in the world to elect an openly gay head of state, when Johanna Sigurdardottir became the prime minister. Iceland is the seventh country in Europe to uphold the freedom to marry, and ninth in the world. Argentina: July 22, 2010 [argentina.jpg] On July 15, 2010 Argentina became the first country in Latin America to uphold the freedom to marry for gay and lesbian couples. The legislation was approved by a 33 to 27 vote, with 3 abstentions by the Argentine National Congress. It gives same-sex couples the same rights and protections as different-sex couples, including the ability to adopt. The law was backed by the government of President Cristina Fernández de Kirchner, who signed the measure into law on July 21, 2010. Denmark: June 15,2012 [DenmarkFlag.jpg] On June 7, 1989, Denmark passed a first-of-its-kind law allowing same-sex couples to receive the same legal and fiscal rights provided by marriage through registered partnerships (with the exception of laws making explicit references to the sexes of married couples and regulations of international treaties). On January 18, 2012, the government of Danish Prime Minister Helle Thorning-Schmidt introduced a gender-neutral marriage bill that would legalize marriage between same-sex couples through civil registry or the Church of Denmark. The bill passed by a vote of 85-24 on June 7, 2012 and took effect on June 15, 2012. Brazil: May 14, 2013 [Brazil.jpg] On May 14, 2013, the National Council of Justice in Brazil ruled that government offices that issue marriage licenses have no standing to reject same-sex couples from marriage. Since 2011, federal marriage laws in Brazil have been somewhat confusing: On May 5, 2011, the Supreme Federal Court voted to allow same-sex couples nationwide many of the legal rights as married couples (through a mechanism called "stable union"), and since June 2011, same-sex couples joined together in "stable union" may petition judges to convert their union into a marriage. The two-step process to being married can be performed across Brazil, and in recent months, many jurisdictions have ordered a final end to the exclusion of same-sex couples from marriage. Before the May 2013 ruling, 14 of Brazil's 27 jurisdictions had passed the freedom to marry. France: May 29, 2013 [FranceFlagResource.png] On April 23, 2013, the National Assembly in France took a final vote to approve the freedom to marry. The following month, on May 18, French President François Hollande signed the bill into law. The bill passed with overwhelming support in both houses - by a 331-225 final vote in the Assembly and 179-157 final vote in the Senate. The first wedding occurred in Monpellier, between Vincent Autin and Bruno Boileau. Uruguay: August 5, 2013 [UruguayFlagResource.jpg] On April 10, the lower House of the Uruguayan legislature approved a bill to extend the freedom to marry to same-sex couples, marking the final vote in the process of ending the exclusion of same-sex couples from marriage across the country. President José Mujica signed the bill on May 3, and Uruugay became the third country in Latin America to end the exclusion of same-sex couples from marriage nationwide when the law took effect on August 5. New Zealand: August 19, 2013 [NewZealandFlagResource.png] On April 17, the Parliament in New Zealand took a final vote to approve a bill to extend the freedom to marry to same-sex couples. The Parliament previously cleared the bill on August 29, 2012 and March 12, 2013. Prime Minister John Key vocally supported the freedom to marry throughout the national conversation on why marriage matters. The first weddings between same-sex couples took place on August 19. United Kingdom (England, Wales, Scotland) [BritishFlagInternational.png] On July 17, 2013, the Queen of England granted royal assent to a bill extending the freedom to marry to same-sex couples in England. The final approval came after the British House of Commons and House of Lords voted overwhelmingly in favor of the legislation multiple times. Same-sex couples in England and Wales were able to begin marrying on March 29, 2014. In the fall of 2013, on November 20, a marriage bill also passed Stage 1 of the process in Scotland, with a final debate and vote approving the bill for good on February 4, 2014. The first marriages in Scotland will take place on December 31, 2014. Luxembourg: June 18, 2014 [LuxembourgFlag.png] On June 18, 2014, the Luxembourg Chamber of Deputies approved a bill that will extend the freedom to marry to same-sex couples in Luxembourg by an overwhelming vote of 56 to 4. A final vote, largely seen as a formality, will be held shortly, and the bill takes place six months after the final vote - which could be as soon as January 2015. Finland: November 28, 2014 [FinlandFlag.png] On Nobember 28, 2014, the Finnish Parliament approved an amendment legalizing marriage between same-sex couples. The vote was passed with 105 members of parliament supporting it and 92 opposing. This amendment gave the same adoption rights to same-sex couples as heterosexual couples, as well. After this vote, Finland became the 12th European state to legalize marriage between same-sex couples. Countries with Regional Freedom to Marry The United States [UnitedStatesFlag.jpg] Individual states in the United States have been left to decide their own marriage laws. On May 17, 2004, Massachusetts became the first state to provide the freedom to marry to same-sex couples. Since then, Same-sex couples have the freedom to marry in 35 states and the District of Columbia, and also currently in Florida (where a pro-marriage ruling is now on appeal before the 11th Circuit), as well as in some Missouri counties (based on pro-marriage rulings also now on appeal). In June 2013, the U.S. Supreme Court overturned the so-called Defense of Marriage Act, a law passed by President Bill Clinton in 1996 to prohibit the federal government from respecting legal marriages between same-sex couples. Mexico [MexicanFlag.jpg] On March 4, 2010 Mexico City's Legislative Assembly voted 39-20 to uphold the freedom to marry for same-sex couples on December 21, 2009. The law defines marriage as "the free uniting of two people." The bill also legalizes adoption by gay couples. In August 2010, the Mexican Supreme Court ruled that the law honoring the freedom to marry in Mexico City is constitutional and all states must honor same-sex marriages from other jurisdictions. In May 2012, after dealing with a civil code that did not specifically state gender requirements for marriage, the state of Quintana Roo declared that all marriages between same-sex couples would be legal. In December 2012, the Mexican Supreme Court declared that the Oaxaca civil code restricting marriage to different-sex couples is unconstitutional. Because of Mexican law, the ruling currently only applies to the three couples who filed the suit. If the court rules the same way in two additional cases, binding national precedent is set in Mexico, and all other jurisdictions in the country will have the freedom to marry. Countries Taking Steps Toward Marriage Australia [AustraliaFlagInternational.png] In Australia, when couples - including same-sex couples - have lived together for more than two years, they achieve "De Facto" status, which extends many of the proections and responsibilities that marriage provides. Several states in Australia - Tasmania, New South Wales, Victoria, Queensland, and ACT - have created lesser mechanisms of family status, called either "relationship register" or 'civil partnership." Australian Marriage Equality is currently leading the charge to win the freedom to marry in Australia. In December 2013, the first same-sex couples married in the ACT, but a court ruling overturned the freedom to marry and invalidated those marriages. Colombia [ColombiaFlagResource.png] In late July 2011, the national Colombian Court ruled that the Colombian Congress must pass marriage or an equal alternative for same-sex couples before June 20, 2013, or else the Court would automatically allow any judge or notary to formalize a marriage between same-sex couples. In December 2012, a committee in the Colombian Senate approved a measure by a 10-5 vote to extend the freedom to marry, but in April 2013, the freedom to marry was not approved. As such, soon, same-sex couples in the state will be able to register their unions in court. Learn more about the complicated process behind registered relationships in Colombia HERE. Countries with Other Forms of Relationship Recognition for Same-Sex Couples Broad Protections for Same-Sex Couple Countries that offer many rights to same-sex couples but stop short of marriage include Ecuador, Germany, Greenland, Hungary, Ireland, and Scotland. Limited Protections for Same-Sex Couples Countries that offer some spousal rights to same-sex couples, which are far from full marriage, include Andorra, Austria, Colombia, Croatia, Czech Republic, Liechtenstein, Slovenia, and Switzerland. Marriages Between Same-Sex Couples Recognized, but Not Performed Countries that only recognize marriages between same-sex couples performed in other countries include Israel and Mexico. Blog Posts Related to International The freedom to marry takes effect in Scotland on December 31 This week, the Scottish parliament announced that same-sex couples can begin to get married in Scotland on December 31. State of Coahuila becomes first in Mexico to pass marriage in the legislature This week, the state of Coahuila in Mexico became the first state in the country to approve the freedom to marry in the state legislature. The state joins the Federal District and Quintana Roo in extending the freedom to marry to all same-sex couples. 10% of global population lives where same-sex couples are free to marry As of May 2014, 10 percent of the world's population now lives in a place where same-sex couples are free to marry. Out of a global population of approximately 7.177 billion people, 718 million now live in a freedom-to-marry jurisdiction. See All » Resources Related to International Latin America’s revolution on the freedom to marry This year, the U.S. Supreme Court is weighing exactly the same questions that Mexico’s court has already resolved. When the justices take up the gay marriage cases in March, there will be more at stake than the status of American gay and lesbian couples. They will be deciding whether the United States will fall behind as its neighbors establish a new standard of human rights, or whether it will join a revolution that is well underway. The World After Proposition 8: A Global Survey of the Right to Marry An examination of the May 2008 and 2009 California Supreme Court decisions and a survey of the countries that presently allow marriage for same-sex couples. Argentina: President defends marriage equality bill A video of Argentina President Cristina Fernández de Kirchner defending a bill that would legalize the freedom to marry in her country. See All » Resources * Marriage Basics + Short Answers + Protections & Responsibilities + History & Timeline + Marriage v. 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Freedom to Marry, Main Office 155 West 19th St, 2nd Floor New York, NY 10011 ph: 212.851.8418 fax: 646.375.2069 Washington, DC Office 2120 L Street NW, Suite 850 Washington, DC 20037 ph: 202-223-0732 fax: 202-223-0082 © 2003 - 2015 Freedom to Marry Contact Us Privacy Policy Get the Facts Roadmap to Victory Why Marriage Matters Marriage 101 Take Action Take the Pledge Speak Out Donate Media Center Press Releases In the News About Us Evan Wolfson Resources In The States Publications Multimedia Connect Facebook Twitter YouTube #publisher next Google+ National Review Online February 9 Issue [pic_header_look-inside_2012_G.png] Subscribe Print Subscribe Digital Gift: NR Print Gift: NR / Digital NRO Header Navigation * Home * Corner * Agenda * Campaign Spot * Home Front * Right Field * Bench Memos * Media Blog * Feed * Planet Gore * Unnaturally Political * Audio, Video & Galleries + The Latest + Three Martini Lunch + Mad Dogs & Englishmen + Between the Covers + Opinion Duel + Ricochet + Firing Line + Slideshows * Kudlow * Pryce-Jones * Phi Beta Cons * Postmodern Conservative * Human Exceptionalism * Tweet Tracker [icon_twitter-bird_nav.png] * Log In * Register Secondary NRO Navigation * Articles * Authors * RSS * Store * Donate * Media Kit * Magazine Help * Contact * NR Institute Close To: ________________________________________ Your Email: ________________________________________ Your Name: ________________________________________ Subject: How Academic Philosophers Are Trying to Submit January 23, 2015 4:00 AM How Academic Philosophers Are Trying to End The Gay-Marriage Debate — And Getting It Wrong Philosophers won’t tolerate some viewpoints, and they’re trying to make traditional marriage one of them. By Spencer Case * Archive * Latest * RSS (Chip Somodevilla/Getty) Print Text [icon_text-less.jpg] [icon_text-more.jpg] Comments 799 Is there any point in continuing to debate same-sex marriage? Despite their field’s reputation for interminable controversy, academic philosophers do consider some topics resolved — and a number now think the same-sex marriage debate is one of them. The case in favor of same-sex marriage has been so firmly established, they believe, that further dialogue is at best a waste of time, and at worst an affirmation of bigotry. “The topics seem, to me, settled, and the controversies over them frankly silly,” writes philosopher Justin Weinberg at his widely viewed philosophy blog, Daily Nous. “As far as I can tell, there are zero plausible arguments for opposing homosexual sex and zero plausible arguments for a state offering different kinds of marriage rights to homosexual and heterosexual couples.” Weinberg plans to continue teaching same sex-marriage as a controversy in his contemporary-ethics course, but primarily in order to shed light on other issues and to expose the “highly problematic” arguments of those who oppose it. He mulls relegating the topic to a course on “historical moral problems,” where it can be discussed alongside slavery and other topics he considers settled. As a graduate student in philosophy, I’ve heard other tenured philosophers say far less temperate things off the record. Some seem to think that treating same-sex marriage as a controversial subject at all is itself tantamount to legitimating bigotry. They look forward to the blessed day when skepticism of their enlightened views is no longer tolerated in any university classroom. Granted, some Catholic philosophers — Robby George, for instance — are still vocal in their opposition to same-sex marriage. Some other thinkers, like self-described “Gay Moralist” John Corvino, continue to respectfully debate conservative opponents. Nevertheless, the recent political victories of the gay-rights movement seem to have tempted a growing minority to adopt a smug, and sloppy, intellectual intolerance. Some philosophical conclusions really are uncontroversial, and for good reason. One could not question the immorality of the Rwandan genocide without showing callousness to the victims of its horrors. To start, though, discussion of same-sex marriage doesn’t so obviously show callousness to homosexuals: Conservatives’ dispute with liberals is over the details of what a “right to marry” means, not whether some people have this right while others do not. Philosophers have been thinking — and, it goes without saying, disagreeing — about marriage since the time of Plato. In Family Politics, Scott Yoner demonstrates that modern philosophers like Locke, Rousseau, Hegel, Mill, and others have developed sophisticated and wildly different accounts of marriage. That is enough to show, at least, that there are many unsettled philosophical questions about the nature of marriage. Conservatives prefer to frame the same-sex marriage debate around questions such as, “What is marriage?,” “What role(s) does marriage play in society?,” and “What relationships should be eligible to count as marriages?” Proponents of same-sex marriage generally decline to give answers to these questions, preferring instead to make their case on the alleged arbitrariness of the “one man, one woman” norm. That argument may be effective, but it cannot settle the debate in the way the triumphalists claim it has been. To resolve this question rigorously as a philosophical matter, proponents must also account for how the “one man, one woman” norm stacks up alongside the likely alternatives. In saying this, I’m not appealing to any presumption in favor of tradition: Philosophers uninclined, or even disinclined, to tradition still sometimes find themselves stuck with views because the rivals seem even less palatable. 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Home | NR / Digital Home | Donate | Media Kit | Site Problems | View Mobile Site | Contact Us | Privacy Policy #Pew Research Center's Religion & Public Life Project RSS Feed JSON Representation Prism XML Version Plain Text Version Skip to Content Numbers, Facts and Trends Shaping Your World ____________________ Search [social-facebook.png] [social-twitter.png] [social-email.png] [social-rss.png] Pew Research Religion & Public Life Project MenuProjects * Home * U.S. Politics * Media & News * Social Trends * Religion * Internet & Tech * Hispanics * Global * Publications * Topics * Interactives * Religion News * Data and Resources * About September 24, 2014 Changing Attitudes on Gay Marriage Public Opinion In Pew Research polling in 2001, Americans opposed same-sex marriage by a 57% to 35% margin. Since then, support for same-sex marriage has steadily grown. Today, a majority of Americans (52%) support same-sex marriage, compared with 40% who oppose it. Attitudes by Generation This is due in part to generational change. Younger generations express higher levels of support for same-sex marriage. However, older generations also have become more supportive of same-sex marriage in recent years. Attitudes by Religious Affiliation Among people who are religiously unaffiliated, a solid majority have supported same-sex marriage since 2001. And among Catholics and white mainline Protestants, roughly six-in-ten now express support for same-sex marriage. Support for same-sex marriage also has grown among black Protestants. Support among white evangelical Protestants remains lower than among other religious groups. Attitudes by Political Party Among Democrats, 64% now favor same-sex marriage, as do 58% of independents. Most Republicans continue to oppose same-sex marriage. Attitudes by Political Ideology Support for same-sex marriage now stands at 75% among self-described liberals and 62% among moderates. Far fewer conservatives (29%) support same-sex marriage. Attitudes by Race In 2001, roughly one-third of both whites and blacks expressed support for same-sex marriage. Today, 53% of whites support same-sex marriage, as do 42% of blacks. Attitudes by Gender Support for same-sex marriage has risen among both men and women in recent years. Today, 55% of women and 49% of men support same-sex marriage. Source: Aggregated data from Pew Research Center polls conducted in each year. Question wording can be found here, and information on the Pew Research Center's polling methodology can be found here. 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