Idaho Hub




Ninth Circuit Grants Stay of Idaho Marriage Ruling, Expedites Appeal

NinthcircuitBY LISA KEEN

The Ninth Circuit panel that granted Idaho an emergency stay on Thursday granted a stay on Tuesday to remain in place until it can rule on the merits of the state’s appeal of a district court ruling that the state ban on same-sex couples marrying is unconstitutional. The panel also expedited Idaho’s appeal of Judge Candy Dale’s May 13 ruling in Latta v. Otter. 

Oral argument will take place the week of September 8 in San Francisco.

In issuing the panel’s stay, one judge, Obama appointee Andrew Hurwitz, indicated he believes the Ninth Circuit’s ruling in SmithKline v. Abbott –that laws targeting gays require heightened scrutiny-- will make it difficult for Idaho’s ban to survive. But he also said he believes the Supreme Court’s granting of a stay in the Utah case sent a “clear message” that stays should be granted on district court rulings against state bans on same-sex couples marrying.

© 2014 Keen News Service. All rights reserved.


Wednesday Speed Read: Pennsylvania, Vietnam, Ted Osius, Primary Results

BY LISA KEEN / Keen News Service

PENNSYLVANIA MARRIAGES: Jones

A federal judge on Tuesday declared a ban on same-sex couples marrying in Pennsylvania to be a violation of the equal protection and due process guarantees of the U.S. Constitution. U.S. District Court Judge John Jones III (an appointee of President George W. Bush) said the plaintiff couples suffer “a multitude of daily harms” from the ban. “We are a better people than what these laws represent,” wrote Jones in Whitewood v. Wolf, “and it is time to discard them into the ash heap of history.” Republican Governor Tom Corbett’s press office said Tuesday evening the governor had not yet made a decision regarding whether to appeal the ruling. Last November, he vowed to defend the ban.

OsiusAMBASSADOR NUMBER SIX:

President Obama this month nominated an openly gay State Department fellow to serve as the U.S. ambassador to Vietnam. Ted Osius has 25 years of experience as a State Department officer in Asia, including years advising the ambassador to India and serving as deputy chief of the U.S. mission in Jakarta. He had a stint as political and management officer at the U.S. Embassy in Vatican City. And he is currently an associate professor at the National War College in Washington, D.C. The State Department website profiled Osius and his spouse, Clayton Bond, last June as part of its Pride Month recognition. Bond is a foreign service officer at the State Department’s Bureau of African Affairs. Osius and Bond were married in Canada. Previously, President Obama named openly gay men as ambassadors to five other countries.

AT LEAST SIX OF EIGHT GAYS WIN RACES: Sims

Of eight openly LGBT candidates on primary ballots yesterday, six are confirmed winners, one lost, and for one the results were not yet in at midnight. In Georgia, incumbent State Rep. Simone Bell easily won her Democratic primary with 64 percent of the vote; incumbent Democratic Rep. Karla Drenner was unopposed. In Fulton County, incumbent county commissioner Joan Garner coasted to the Democratic nomination with 70 percent of the vote. But newcomer Kyle Williams fell short in his Democratic primary race for a state senate seat, taking on 34 percent of the vote compared to winner Elena Parent’s 66 percent. In Pennsylvania, Democratic incumbent Brian Sims ran unopposed. The results for newcomer Josh Young for a Pennsylvania House seat were not yet in at deadline. In Idaho, newcomer Democrat John McCrostie beat out two other candidates for the nomination to a House seat, taking 53.5 percent of the vote. And in Oregon, Rob Nosse was the top vote getter in a field of six Democratic candidates for a House seat, earning 48 percent of the vote.

© 2014 Keen News Service. All rights reserved.


Idaho Chapel Would Rather Shut Down Than Marry Gay Couples

A popular wedding chapel in Idaho says that, should marriage equality arrive in that state, it would rather shut its doors for good than marry gay couples. The Hitching Post, located in Coeur d'Alene, has been in business for close to 100 years. The chapel's owner, Donald Knapp, made the statement just days after a federal judge struck down that state's ban of same-sex marriage. A temporary stay by the Ninth Circuit Court of Appeals, requested by Governor Butch Otter, has put those marriages on hold for now.

Pic4-300x225Knapp explained his bigoted reasoning to KXLY-TV. 

"I think the bible is pretty clear that homosexuality is not his way, and therefore I cannot unite people in a way that I believe would conflict with what the bible teaches," Hitching Post owner Donald Knapp said.

"I don't hate those people. I don't think anybody should ever be abusive or mistreat them or anything like that, but I cannot in clear conscience unite such a couple," Knapp said.

The owners of the Hitching Post say they will honor their commitments through the end of the year, but if the ban is lifted they will walk away. If it comes to that they will look into selling the wedding chapel and, if the new owners are willing to host same-sex marriages, they will respect their decision.

The Spokesman-Review points out that, legally, The Hitching Post would not be able to turn away same-sex couples.

Wedding venues that turn away gay couples may violate local laws, such as Coeur d’Alene’s prohibition on discrimination based on sexual orientation. The provision adopted by the City Council last year applies to housing, employment and places of public accommodation, including businesses that render public services.

Take a 30-second video tour of The Hitching Post, AFTER THE JUMP.

Continue reading "Idaho Chapel Would Rather Shut Down Than Marry Gay Couples" »


Idaho Gubernatorial Candidate Is A Biker In Favor Of Gay Marriage: VIDEO

Harley Brown

Harley Brown is one of the most colorful contenders for Idaho governor, both in personality and appearance. The Republican biker showed up to the debates last Wednesday in leather gear and a crass attitude that was so over the top it was more entertaining than insulting.

Despite frequent use of slurs and blue language (which appeared to stem from ignorance rather than hate, but still necessitated that the debate be on a 30 second delay), Brown shattered some misconceptions by coming out as very pro-gay and pro-gay marriage. When speaking about the striking down of Idaho's gay marriage ban, Brown said:

I've picked up my fair share of the gay community [as a cab driver in Boise] and they have true love for one another. I'm telling you, they love each other more than I love my motorcycle.  You know, they're just as American as a Medal of Honor winner...I'm glad that judge made that decision...I know I'm not really talking like a Republican.

This stood in remarkable contrast to both Russ Fulcher's "support of Idahoans" and desire to challenge the judicial decision, and candidate and cartoon curmudgeon Walt Bayes immediately launching into scripture from Leviticus.

You can watch the full hour-long debate as well as a supercut of the best clips AFTER THE JUMP...

Continue reading "Idaho Gubernatorial Candidate Is A Biker In Favor Of Gay Marriage: VIDEO" »


Friday Speed Read: Idaho, Maryland, Marriage Anniversary, Houston, Michael Sam

DaleNINTH CIRCUIT STAYS IDAHO:

A three-judge panel of the Ninth Circuit U.S. Court of Appeals on Thursday issued a temporary stay preventing Chief Magistrate Judge Candy Dale’s order striking Idaho’s ban on same-sex couples marrying from taking effect today. The stay will remain in place until the panel decides whether the state has state has met the requirements for a permanent stay while Judge Dale’s decision is on appeal to the Ninth. The state’s opening brief on appeal is due August 22. The National Center for Lesbian Rights then has until September 22 to file a response. The panel includes Reagan appointee Edward Leavy, George W. Bush appointee Consuelo Callahan, and Obama appointee Andrew Hurwitz.

OmalleyMARYLAND TRANS BILL SIGNED INTO LAW:

Democratic Governor and potential presidential candidate Martin O’Malley signed a bill Thursday that prohibits discrimination based on gender identity in employment, housing, public accommodations, and other areas. A press release from the governor’s office quoted Lt. Governor Anthony Brown as saying the bill is a “critical step forward in protecting all Marylanders from discrimination.” The law will go into effect October 1. Maryland will become the 17th and the District of Columbia to prohibit discrimination based on gender identity.

TENTH ANNIVERSARY OF MARRIAGE:

Saturday, May 17, marks the tenth anniversary of same-sex couples being able to legally marry in the United States. It was 2004 when Massachusetts began issuing marriage licenses, in response to a November 2003 decision of the state’s Supreme Judicial Court. It was another four years before the second state –Connecticut—did so, in response to a state supreme court decision, followed a year later by Iowa, Vermont, and Washington, D.C. New Hampshire was the fifth state, in 2010, and New York the sixth, in 2011. Then, in 2012, voters in Maryland, Maine, and Washington state approved marriage equality measures. Eight more states joined the list in 2013 –five of them through action by the state legislatures—and a federal court ruling in Utah striking that state’s ban down is on appeal. So far in 2014, 11 states (all but one through federal court ruling) have had their bans struck and are on appeal.

ParkerBATHROOM COMPROMISE IN HOUSTON:

The Houston City Council postponed its scheduled vote on Mayor Annise Parker’s proposed equal rights ordinance Wednesday. According to local television news reports, Parker told reporters she had the votes to pass a version of the bill that removed language ensuring that transgender people could use public restrooms based on their gender identity, but she wanted to give the public more time to understand the legislation and comment. Some church groups say they are still opposed to the bill. A vote is expected May 28.

OFT QUOTED LINE OF HISTORY:

Gay & Lesbian Advocates & Defenders, the LGBT legal group that won the historic state supreme court decision in Massachusetts which led the state to become the first to allow same-sex couples to marry, highlights this line from that famous decision, Goodridge v. Department of Public Health: “The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens.”

WELCOMING MICHAEL SAM:

Wade Davis, head of a group for LGBT athletes, told Associated Press he was invited by St. Louis Rams’ head coach Jeff Fisher to help the team prepare to welcome the NFL’s first openly gay football player, Michael Sam.


Thursday Speed Read: NOM and Oregon, Idaho Stay, Arkansas, Lorri Jean, South Carolina, Give Out Day

BY LISA KEEN / Keen News Service

McshaneJUDGE SAYS NO TO NOM:

U.S. District Court Judge Michael McShane yesterday denied the National Organization for Marriage motion to serve as intervenor to defend Oregon’s ban on same-sex marriage. McShane, who is openly gay, held a hearing on two consolidated lawsuits challenging the constitutionality of the ban. Because the state attorney general said her office could not vouch for the ban’s constitutionality, no one argued in its defense. McShane is expected to issue his decision on that issue soon and, if he finds it unconstitutional, same-sex couples may be able to obtain marriage licenses right away. NOM has said it will appeal McShane’s ruling on the intervenor motion to the Ninth Circuit.

Flag_idahoIDAHO RUSHES TO APPEAL FOR STAY:

Idaho Governor Butch Otter is also on his way to the Ninth Circuit U.S. Court of Appeals. Otter is appealing the decision Wednesday by Chief U.S. Magistrate Judge Candy Dale to deny his request that she stay her decision striking the state’s ban on same-sex marriage. Dale’s ruling on the ban, issued Tuesday, will go into effect Friday morning unless Otter is able to secure a stay from the federal appeals court.

Arkansas_supremeARKANSAS COMPLICATIONS:

The Arkansas Supreme Court on Wednesday denied a petition from the state’s attorney general for an emergency stay of a county circuit judge’s May 9 ruling that two state laws banning same-sex marriage are unconstitutional. The high court said that, for procedural reasons, the supreme court does not yet have jurisdiction. Responding to the attorney general’s argument that county clerks around the state are uncertain as to whether they should issues licenses or wait for the results of an appeal, the supreme court noted that Judge Chris Piazza’s ruling said nothing about a separate Arkansas law “and its prohibitions against circuit and county clerks issuing same-sex marriage licenses.” Jack Wagoner, an attorney for the 12 plaintiff couples, told the Arkansas Times he’d be in court today to “fix” the problem. “How can you find something unconstitutional,” said Wagoner, “but not affect a statute that would require the clerks to do something unconstitutional?”

JeanANOTHER VOICE ON ENDA FRAILTY:

Los Angeles Gay & Lesbian Center Executive Director Lorri Jean, speaking to “An Evening with Women” event on Saturday, had this to say about the Employment Non-Discrimination Act: “Religious freedom does not include the freedom to oppress other people. These kinds of fundamentalist forces are behind efforts to gut what laws we do have in this country that protect LGBT people from discrimination….Even our own Employment Non-Discrimination Act—the only federal law currently being proposed to protect LGBT people—includes a broad religious exemption. It was put into ENDA eight years ago, expressly to weaken it. It does not belong there today.” Former NGLTF Executive Director Matt Foreman said Monday he thinks LGBT leaders should “pull the plug” on the current version of ENDA, saying it is “essentially a lifeless corpse.”

SouthcarolinaSOUTH CAROLINA SENATE RESTORES FUNDS:

The South Carolina Senate on Wednesday approved a state budget Tuesday that restores the $70,000 cut from the funding for two public universities over their use of books with positive depictions of gay people. But according to the State newspaper, the senate stipulated that the restored funds should be used to teach the constitution and other founding documents.

A DAY TO GIVE “OUT” TO LGBT COMMUNITY:

Today is “Give Out Day,” an event scheduled to encourage supporters of LGBT organizations to donate to them. Last year, according to the Human Rights Campaign, the event raised over $600,000, from 5,474 individuals in support of over 400 nonprofits groups across the country.
© copyright 2014 by Keen News Service. All rights reserved.


Trending



Towleroad - Blogged