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Gay Marriage to Resume in Nevada After Anti-gay Defendants Drop Appeal of Ninth Circuit Ruling

Las vegas

Marriage equality has now returned to Nevada after yesterday's Supreme Court mix-up that inadvertently put same-sex marriages in Nevada on hiatus. 

Justice Anthony Kennedy's order staying the 9th circuit's ruling overturning Idaho's gay marriage ban contained a clerical error that included the Nevada case - an error that opened the door for anti-gay defendants in the state's case to file separate motions with the Supreme Court and the Ninth Circuit seeking to prevent the decision from going into effect. 

Today, those defendants have withdrawn their motions. 

Said Lambda Legal Staff Attorney Tara Borelli, via press release:

"Finally, the confusion has ended and the Ninth Circuit's decision is final and fully in effect. While the trial court will enter an order in the case finalizing relief, nothing prevents marriages from beginning immediately for same-sex couples in Nevada."

Developing...


SCOTUS Justice Anthony Kennedy Lifts Stay On Same-Sex Marriage In Nevada

Kennedy

Supreme Court Justice Anthony Kennedy has issued a second order today ending his previously issued stay only as it applies to Nevada. The stay on the 9th Circuit's ruling will remain in effect for Idaho. BuzzFeed reports, "Justice Anthony Kennedy ended the stay as to the Nevada marriage case, likely clearing the path for same-sex couples to be able to marry there soon."

Developing...


Gay Weddings Halted In Idaho And Nevada Following SCOTUS Justice Anthony Kennedy's Stay Of 9th Circuit Ruling: VIDEO

IDAHO

While same-sex couples were set to be able to begin marrying today in Nevada, Supreme Court Justice Anthony Kennedy's stay of the 9th Circuit Court's ruling striking down gay marriage bans in Nevada and Idaho has effectively blocked same-sex couples in both states from saying "I do." 

Justice Kennedy's stay came after an emergency motion filed by Idaho state officials that requested a recall of the mandate from the 9th Circuit that made its ruling effective immediately.

The Star Tribune reports:

In Las Vegas, the self-proclaimed marriage capital of the world, the Marriage License Bureau had expected big crowds seeking gender-neutral marriage licenses starting at 2 p.m. local time. But Clark County Clerk Diane Alba told The Associated Press those plans were on hold.

"It looks pretty clear that we're not going to issue licenses this afternoon," she said.

Amber Beierle, one of the eight women who sued Idaho over its gay marriage ban, had hoped to marry her partner, Rachael Robertson, on Wednesday.

"We were past the metal detectors, we were just a few feet away from the clerk, and then our attorney was handed a one-page document," Beierle said. "Apparently it was Justice Kennedy telling us no."

Idaho Gov. C.L. "Butch" Otter said he was glad Kennedy acted quickly.

"I'm pleased that Justice Kennedy has given us the opportunity to make our case in a way that helps avoid the confusion some other states have faced," Otter said. "I intend to be faithful to my oath of office and keep working to protect the Idaho Constitution and the mandate of Idaho voters in support of traditional marriage."

The delay could last just a few days. Kennedy's order requested a response from the plaintiffs involved in Idaho's gay marriage lawsuit by the end of Thursday.

The entire Supreme Court would need to weigh in to extend the stay beyond a couple of days. 

Watch a news report from Idaho on the stay and the disappointed couples, AFTER THE JUMP...

Continue reading "Gay Weddings Halted In Idaho And Nevada Following SCOTUS Justice Anthony Kennedy's Stay Of 9th Circuit Ruling: VIDEO" »


Thursday Speed Read: Houston, Anthony Kennedy, NOM, Maine, Orrin Hatch, Caitlin Cahow

BY LISA KEEN / Keen News Service

A_parkerHOUSTON COUNCIL APPROVES LAW:

The Houston City Council heard more than eight hours of public comment Wednesday before voting 11 to 6 in favor of Mayor Annise Parker’s comprehensive law banning discrimination based on sexual orientation, gender identity, and other categories. The Houston Chronicle said more than 250 people signed up to offer comments on the bill.

KennedyNOM SEEKS SUPREME INTERVENTION:

Justice Anthony Kennedy on Wednesday asked attorneys for Oregon and same-sex plaintiff couples to respond to a motion from the National Organization for Marriage. NOM filed a motion Tuesday seeking a stay of a May 19 federal district court ruling that allowed the state to begin issuing marriage licenses to same-sex couples. Prior to that ruling, NOM sought the right to defend the state ban after the governor and attorney general made clear they would not. U.S. District Court Judge Michael McShane, an openly gay Obama appointee, ruled the ban unconstitutional on May 19 and couples began obtaining licenses right away. McShane and the Ninth Circuit then denied NOM’s request for a temporary stay in order to appeal the decision concerning intervenor status.

Eastman_brownMAINE IMPOSES RECORD FINE ON NOM: 

The Maine commission for campaign ethics voted unanimously Wednesday to approve a recommendation imposing a record $50,250 fine on the National Organization for Marriage. The staff of the Maine Commission on Governmental Ethics and Election Practices recommended the fine against NOM because of its failure to register as a ballot question committee and file campaign finance reports that disclosed its donors. The Kennebec Journal reported Commission Chairman Walter McKee as saying NOM’s defense –that it was protecting its donors from harassment— made a “mockery of Maine’s election laws.” NOM says it will appeal the ruling and file its own complaints against the Human Rights Campaign.

HatchHATCH ON INEVITABILITY OF MARRIAGE:

U.S. Senator Orrin Hatch (R-Utah) had this to say about the inevitability of same-sex couples being able to marry nationwide: "Let’s face it, anybody who does not believe that gay marriage is going to be the law of the land just hasn’t been observing what’s going on. There is a question whether [the courts] should be able to tell the states what they can or cannot do with something as important as marriage, but the trend right now in the courts is to permit gay marriage and anybody who doesn’t admit that just isn’t living in the real world….I think it’s a portent of the future that sooner or later gay marriage is probably going to be approved by the Supreme Court of the United States, certainly as the people in this country move towards it, especially young people." Hatch made his remarks on KSL-Radio and they were widely reported, including in the Salt Lake City Tribune.

AngelouMAYA ANGELOUS PASSES:

Acclaimed poet and civil rights activist Maya Angelou died Wednesday at the age of 86. Angelou served as an important ally to the LGBT community, lobbying legislators in New York to support marriage equality. She was perhaps best known for her autobiographical I Know Why the Caged Bird Sings, and writing and delivering a poem, “On the Pulse of the Morning,” at President Clinton’s first inauguration. President Obama bestowed the Presidential Medal of Freedom on her in 2011.

CAITLIN CAHOW NAMED TO COUNCIL:

President Obama this month named lesbian hockey player Caitlin Cahow to the President’s Council on Fitness, Sports, and Nutrition. Cahow most recently served on the Presidential Delegation to the Opening Ceremony at the 2014 Winter Olympics in Sochi, Russia.

© 2014 Keen News Service. All rights reserved.


SCOTUS Justice Anthony Kennedy Requests Briefs from Both Parties on NOM Request to Stay Oregon Ruling

Yesterday we reported that the National Organization for Marriage appealed to the U.S. Supreme Court to stay Judge Michael McShane's ruling striking down Oregon's gay marriage ban while it appeals a decision that prevented it from intervening to defend the ban.

KennedyJustice Anthony Kennedy, who is fielding the request, wants more information from the parties involved before he makes a decision.

The Oregonian reports:

Kennedy asked for briefs to be filed by 1 p.m. Monday from the parties in the two lawsuits that led to U.S. District Judge Michael McShane's May 19 ruling that allowed gays and lesbians to marry in Oregon.

Kennedy, who hears emergency appeals from the region that includes Oregon, could issue a ruling on NOM's motion on its own or pass the issue on to the full court.

At a minimum, Kennedy's action means that he wants more information on the case before he makes a decision. But it's hard to know whether NOM has a strong shot for its argument that the Supreme Court should get involved in the Oregon case because of its unusual nature.


NOM Asks U.S. Supreme Court Justice Anthony Kennedy to Block Oregon Gay Marriage Ruling

KennedyThe National Organization for Marriage, whose attempt to intervene in a case challenging Oregon's ban on gay marriage was rejected by U.S. District Judge Michael McShane before he struck the ban down, has appealed to the U.S. Supreme Court to block McShane's ruling, the AP reports:

The group, which opposes gay marriage, says it filed the request on Tuesday with Justice Anthony Kennedy, who handles such requests from the region that includes Oregon.

...The National Organization for Marriage is seeking a stay of that ruling while it appeals an earlier decision that prohibited the group from defending the marriage ban on behalf of its Oregon members.


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