Best gay blog. Towleroad Wins Award

Michigan Hub



04/19/2007


Tuesday Speed Read: Taxes, South Carolina, Ohio, Michigan, Violence Against Women Act

TAX DAY PROTEST:

SouthcarolinaEquality South Carolina is staging a tax day protest in Columbia, the state capital, today to show support for same-sex couples in South Carolina who have married in other states but must lie on their state tax returns and claim to be single. South Carolina is one of a number of states which are requiring legitimately married same-sex couples to file as single, even though the federal government requires such couples to file as married on their federal returns. The Human Rights Campaign has created a guide to the basics of what each state requires concerning same-sex married couples. Some states, like Texas, don’t have a state income tax. Others, like South Carolina and Michigan, require that, if couples file married for federal income tax purposes, they have to then recalculate their incomes as two single people on a federal return and fill out their state income tax return with that information.

OHIO JUDGE STRIKES BAN, STAYS ORDER:

T_blackU.S. District Court Judge Timothy Black issued a ruling yesterday, striking as unconstitutional Ohio’s ban on recognition of marriages for same-sex couples. In a footnote on the last page of the ruling, he stayed enforcement of the ruling in order for parties to the Henry v. Himes lawsuit to file briefs by 3 p.m. Tuesday, saying why they support or oppose a stay to remain in place “until completion of appeal” to the Sixth Circuit and the U.S. Supreme Court. He added, however, that he is “inclined” to allow the ruling to go into effect for the four plaintiff couples “because they have demonstrated that a stay will harm them individually due to the imminent births of their children and other time-sensitive concerns.” The case involves four couples –three who are due to give birth in June and one who is seeking to adopt— all of whom sought the right to include both parents’ names on the birth certificates of their children-to-be. Black announced in open court on April 4 that he intended to find the ban unconstitutional. His order Monday indicated he would rule “expeditiously” on the motion to stay.

ACLU SUES FOR THOSE WED IN MICHIGAN:

SnyderThe ACLU of Michigan filed suit in a federal district court in Detroit Monday on behalf of more than 300 same-sex couples who obtained marriage licenses in the state before a federal appeals court granted a stay of a decision striking the state’s ban on same-sex couples marrying. The lawsuit, Caspar v. Snyder, names eight same-sex couples married on March 22 and says they are being denied the benefits that “all legally married couples and their families deserve and are entitled to under the law.”

DOJ CLARIFIES COVERAGE:

The U.S. Department of Justice issued guidelines April 9 to clarify the reauthorized Violence Against Women Act (VAWA) covers victims of domestic violence, regardless of sex, sexual orientation, or gender identity. Among the specific guidelines is one saying that any entity receiving VAWA funds, including faith-based organizations receiving, cannot discriminate based on various factors, including gender identity and sexual orientation. “Gender identity is a person’s internal view of the individual’s gender. Transgender can be used to describe a person whose gender identity is different from the individual’s assigned sex at birth,” notes DOJ. “… best practices dictate that the [grant] recipient should ask a transgender beneficiary which group or service the beneficiary wishes to join.” 

© copyright 2014 by Keen News Service. All rights reserved.


ACLU Files Lawsuit Against Michigan To Recognize 300 Gay Marriages

Michigan

The ACLU has filed a lawsuit against the state of Michigan, asserting that the state is "obligated to extend the protections that flow from marriage" to the approximately 300 same-sex couples who were married there last month. The unions took place immediately after a federal judge struck down that state's ban on same-sex marriage. The suit was filed on behalf of eight of the same-sex couples who were married during the brief window county clerks issued licenses. 

-04b455fc83cee3afFrom the ALCU's press release

The lawsuit argues that once same-sex couples are legally married in Michigan, they gain protections that cannot be taken away retroactively. Furthermore, the U.S. Constitution compels state officials to recognize those protections regardless of the ultimate outcome of the appeal of Judge Friedman’s ruling.

The lawsuit is separate from the original federal case challenging Michigan’s marriage ban, which is on appeal before the Sixth Circuit Court of Appeals. That case was brought by private attorneys on behalf of an Oakland County lesbian couple – April DeBoer and Jayne Rowse – who have been together for more than a decade and are raising three adopted children. The ACLU of Michigan filed a friend-of-the-court brief in that case.

Read the full legal complaint here.

The US government has announced it will recognize those marriages.

Watch moving testimony from Clint McCormack, one of the couples included in the lawsuit, AFTER THE JUMP...

Continue reading "ACLU Files Lawsuit Against Michigan To Recognize 300 Gay Marriages" »


Monday Morning Speed Read: Ohio, Michigan, 'ENDA' Executive Order, Hillary Clinton

BY LISA KEEN / Keen News Service

T_blackOHIO ON THE CUSP:

A federal district court judge in Cincinnati surprised many in court Friday when he announced he will issue a ruling within 10 days declaring the Ohio ban on recognizing marriages of same-sex couples unconstitutional. Judge Timothy Black (an Obama appointee) heard arguments April 4 in Henry v. Wymyslo. The lawsuit was brought by three married lesbian couples expecting to give birth soon and a gay male couple seeking to adopt. The four couples were seeking a court order to force the state to put the names of both parents on the birth certificates of their children-to-be. Black, who previously ruled in favor of two married same-sex couples seeking the right to have a surviving spouse’s name listed on a death certificate, read a statement to the courtroom saying he would find the ban unconstitutional. Ohio Attorney General Mike DeWine said the state will appeal, and he is expected to seek a stay.

SchuetteMICHIGAN SEEKS A LEAP ‘FORWARD’:

The Michigan attorney general on Friday filed a petition with the Sixth Circuit U.S. Court of Appeals, asking the court to bypass the usual three-judge panel hearing and go straight to a full appeals court review. "Advancing our case to a hearing before the entire panel of Sixth Circuit judges will move us forward more quickly, and minimize delays in ultimately reaching the U.S. Supreme Court,” explained Attorney General Bill Schuette in a press statement. “This move also offers the added benefit of conserving taxpayer resources by shortening the timeline of the litigation." Cases are moving quickly through two other circuits, both of which will be heard by three-judge panels in the coming days. If the Sixth Circuit grants Michigan’s request, it could make DeBoer v. Snyder the first to reach the U.S. Supreme Court, but that doesn’t guarantee that the Supreme Court would agree to hear that case.

CarneyREDUNDANT OR RETRACING HISTORY?

The Human Rights Campaign was unhappy Thursday with comments from White House Press Secretary Jay Carney about why President Obama won’t sign an executive order prohibiting federal contractors from discriminating based on sexual orientation and gender identity. The White House has been sending mixed messages about the president’s willingness to sign an executive order but Carney has said in the past that an executive order is the “wrong approach” and the Employment Non-Discrimination Act (ENDA) is the “right way to go.” Asked at a routine press briefing April 3 whether the president would sign an executive order if Congress passed ENDA, Carney said passage of ENDA would make an executive order “redundant.” HRC issued a statement Friday saying, “We couldn’t disagree more.” HRC pointed out that President Johnson signed an executive order prohibiting discrimination by federal contractors the year after signing the Civil Rights Act of 1964.

SOME REDUNDACY ALLOWED:

Just three days after White House Press Secretary Jay Carney said an LGBT-related executive order would be “redundant” to the pending Employment Non-Discrimination Act, the Associated Press reported that President Obama will sign an executive order Tuesday that “is similar to language in a Senate bill aimed at closing a pay gap between men and women.”

HillaryREADY FOR HILLARY:

There are two big LGBT fundraisers tonight for an independent political action committee raising money for an expected presidential bid by Hillary Clinton. One, in Manhattan, is hosted by gay philanthropist and politico Jon Stryker and features California Lieutenant Governor Gavin Newsom. The other, at a gay bar in West Hollywood, is hosted by a group called Out & Ready for Hillary and will feature a number of actors and political figures.

© copyright 2014 by Keen News Service. All rights reserved.


Gay Michigan Woman Assaulted by Man Who Saw Her Marry on the News: REPORT

Washtenaw
A couple marries in Washtenaw county.

A Michigan woman tells police she was assaulted after appearing on the news for her marriage to a woman in Washtenaw County, one of four counties that began marrying same-sex couples after the state's ban was struck down and before a stay was put in place.

WWJ reports:

A 28-year-old lesbian told authorities she was walking home after getting off a bus, Monday evening in Ypsilanti Township, when she was assaulted by three men — one of whom shouted,“Hey b—. Are you that f— from the news?”

The victim told Sheriff’s officials she’d been on TV talking about how she had recently married her partner in Washtenaw County.

The woman said one of the men punched her in the face, knocking her unconscious. She woke up on the ground, she said, to a second man kicking her in her stomach.

The attack happened in the parking lot of an apartment complex and three suspects are wanted:

One of the suspects is described as a white male in his mid-20s, 5 feet 10 inches to 5 feet 11 inches tall and heavy-set, with a low or husky voice. The victim could not provide a description of the other two suspects.

Anyone with information about this crime is asked to call the Washtenaw County Sheriff’s office confidential tip line at 734-973-7711 or Crime Stoppers at 1-800-SPEAK UP. Tipsters may remain anonymous.


Speed Read for Wednesday: Mississippi, Darrin Gayles, D.C., Virginia

BY LISA KEEN / Keen News Service

MISSISSIPPI PASSES BIAS BILL:

BryantThe Mississippi House and Senate Tuesday adopted a final version of a religious bias bill, sending the measure to Republican Governor Phil Bryant for his signature. The final Mississippi Religious Freedom Act will enable any “person” to violate any state or local law or regulation (such as non-discrimination laws) by asserting the law burdens his free exercise of religion. The act carves out business exceptions, saying, “Nothing in this act shall create any rights by an employee against an employer if the employer is not the government.” If signed by Bryant, the bill goes into effect July 1. Opponents say some people will use the law to refuse services gays, blacks and others. There are no laws in Mississippi to prohibit discrimination based on sexual orientation or gender identity, but the Human Rights Campaign says some universities have non-discrimination policies and the new law could allow pharmacists to refuse to provide HIV and hormone replacement drugs. Jennifer Riley-Collins, executive director of the ACLU of Mississippi, said her group remains “hopeful that courts throughout the state will reject any attempts to use religion to justify discrimination.”

GAYLES’ GETS SMOOTH HEARING:

GaylesOpenly gay U.S. District Court nominee Darrin Gayles had smooth sailing Tuesday in his confirmation hearing. Senator Bill Nelson, in introducing Gayles and other nominees, noted that there was an emergency need for a judge in the Southern District of Florida, where Gayles is nominated. Senator Marco Rubio said Gayles has “dedicated himself to public service,” including two years at the Immigration Naturalization Service. Gayles noted that his life partner Raymond Zayas and other family members had accompanied him to the hearing. Senator Charles Grassley (R-Iowa) asked Gayles what model he would use when interpreting the constitutional. Gayles replied that he’s always “followed the law and never interjected my own personal beliefs.”

GAY D.C. COUNCILMAN LOSES:

Four-term D.C. Councilman Jim Graham lost his Democratic primary Tuesday night to newcomer Brianne Nadeau. Graham, an openly gay councilmember who once led the LGBT community’s Whitman-Walker Clinic, was apparently hurt by a reprimand he was given by the D.C. Council last year for improperly involving himself in a lottery contract dispute.

JUDGE CANCELS VA. TRIAL:

VirginiaA federal judge hearing a class action suit against Virginia’s ban on same-sex marriage announced Monday he was scratching the June 2 trial date and putting the matter on hold, pending a ruling from the Fourth Circuit U.S. Court of Appeals in another case. The plaintiffs in Harris v. Rainey, represented by the ACLU and Lambda, are now considered intervenors in the Fourth Circuit case, Schaefer v. Bostic, a case led by Ted Olson and David Boies and several Virginia attorneys. The Bostic case comes before the Fourth Circuit on May 13.

VIRGINIA IS FOR MARRIAGE:

A poll of Virginia voters March 19-24 found 50 percent support allowing same-sex couples to marry in Virginia, 42 percent oppose, and seven percent are undecided. The poll was conducted by Quinnipiac University with 1,288 voters and a margin of error at plus or minus 2.7 percent. Similar to other polling, the survey found that people under 30 and Democrats were much more supportive (69 percent each) and people over 65 and Republicans were more opposed (56 percent and 70 percent, respectively).


Michigan AG Bill Schuette Denounces Brief from White Supremacist Group Supporting Gay Marriage Ban

Michigan Attorney General Bill Schuette [pictured] has denounced an amicus field filed by the white nationalist group Traditionalist Youth Network seeking to help his defense of Michigan’s gay marriage ban. Mlive reports:

Billschuette"The totality of the history of the Western and American traditions demonstrates quite clearly that same-sex conduct can be penalized," wrote [TYN] attorney Kyle Bristow, suggesting that legalized gay marriage would a "mockery" of historical customs and cultures.

"If a state cannot be permitted to define marriage as simply as constituting one man and one woman, then our culture will be taken down a very slippery slope that will see pedophiles, polygamists, zoophiles, those in incestuous relationships, and every other sexual deviant with proclivities now known or to be invented to challenge laws that, likewise, prevent them from marrying whom—what—they wish."

Following calls to denounce the brief from a conservative blogger at The Detroit News, Schuette released the following statement:

“There is no place in this discussion for derogatory language, and anything like it will be completely disregarded by the Department of Attorney General," "The Sixth Circuit should use this brief to line a birdcage, because that's all it's good for.

Schuette, however, continues to vigorously defend the state's ban on same-sex marriage, arguing that the state has an interest in the need to "regulate sexual relationships" 

During a trial earlier this month, Schuette brought in discredited witnesses to testify that Michigan children are not well-served by living in gay households.


Trending



Towleroad - Blogged