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Tenth Circuit Puts Colorado Marriage Equality Case On Hold Until SCOTUS Decision

ColoradoFlagThe Tenth Circuit Court of Appeals said yesterday that they would put the Colorado marriage equality case on hold until the Supreme Court decides on the issue. The seventh circuit did much the same with Wisconsin's case yesterday, placing a stay on their decision. SCOTUS will meet on September 29th to consider hearing various cases.

Joe My God reports on the language of the decision:

This appeal is abated pending further order of this court. The deadline for the appellant’s opening brief will be established when the abatement of this appeal is lifted. The parties shall notify this court within 10 days of a decision on the petitions for writ of certiorari pending before the Supreme Court of the United States in Kitchen v. Herbert, Supreme Court No. 14-124, and Bishop v. Smith, Supreme Court No. 14-136. It is further ordered that the parties shall file status reports 30 days from the date of this order if no decision on the pending writs has been issued by that time.

14-1283 #207452 - Order Holding Case via Equality Case Files


Seventh Circuit Puts Wisconsin Gay Marriages on Hold Until Supreme Court Action

The Seventh Circuit Court of Appeals has put a stay on its ruling earlier this month overturning Wisconsin's gay marriage ban until the Supreme Court weighs in on the matter, the Milwaukee Journal Sentinel reports:

WisconsinThe 7th Circuit U.S. Court of Appeals blocked its own order in the Wisconsin case two days after it blocked its order in a similar case out of Indiana. Those moves by the 7th Circuit were widely expected because of an earlier ruling by the Supreme Court that showed a majority of justices want the marriage bans around the country to remain in place while they consider whether to hear one of the lawsuits against those bans.

Last week, state Attorney General J.B. Van Hollen asked the U.S. Supreme Court to restore Wisconsin's gay marriage ban, arguing that the case that began in Madison offers the justices the best vehicle for resolving the historic question of whether bans on same-sex unions violate the U.S. Constitution.

The 7th Circuit said Wednesday that it would let that Supreme Court appeal play out.

"The stay will terminate automatically if the certiorari petition (to the Supreme Court) is denied or will terminate upon the judgment of the Supreme Court if the certiorari petition is granted," the 7th Circuit's one-page order reads.

Last week, plaintiffs in the Indiana and Wisconsin gay marriage cases urged the Supreme Court to review challenges to their states' gay marriage bans.

The court has announced it will consider those petitions in a private meeting September 29. 


Ruth Bader Ginsburg Hints At Supreme Court Marriage Action, Talks Divadom

20358_300277480177_1707557_nOn Tuesday, Justice Ruth Bader Ginsburg dropped some hints about the Supreme Court's plan of action on the issue of gay marriage. In a talk at the University of Minnesota Law School, the Justice said people should look to the Sixth Circuit Court of Appeals as an indicator for when the Supreme Court will address marriage equality.

The AP reports:

[Ginsburg] said 'there will be some urgency' if [the Sixth Circuit] allows same-sex marriage bans to stand. Such a decision would run contrary to a legal trend favoring gay marriage and force the Supreme Court to step in sooner, she predicted. She said if the appeals panel falls in line with other rulings there is 'no need for us to rush.'

Ginsburg also noted what she described as a "remarkable" shift of public opinion on gay people, and she gave her theory on why this is, saying: "Having people close to us who say who they are — that made the attitude change in this country." 

It wasn't only shoptalk during Ginsburg's appearance, as she let her hair down and showed the audience her playful side. She touched on her friendship with Antonin Scalia, joking about her plans for a comic opera entitled "Scalia/Ginsburg."

The audience really fell out when Ginsburg put the "supreme" in "Supreme Court" by sharing her true dream job:

If I had any talent God could give me, I would be a great diva.

Yaaas, RBG, yaaas.


Ben & Jerry's Joins Supreme Court Amicus Brief In Support of Marriage Equality

Ben&jerrys

Declaring that "love comes in all flavors," Ben and Jerry's posted a letter on its website Friday explaining why it had signed onto an amicus brief to the Supreme Court supporting marriage equality.

Ben&jerrys2“Often, it’s not enough to change the way you do business, or change the practice within your business,” says Chris Miller, Ben & Jerry’s Social Mission Activism Manager. “Unless you’re willing to stand up and advocate for the rights of others, not just here in our backyard but around the world, it’s often just not good enough.” [...]

“This is not just a concern of the gay rights community,” says Miller. “There is a broad base of support for a single standard across all 50 states that recognize same sex marriage.”

We’re proud to have signed onto an “Employers’ Amicus Brief.” That’s fancy lawyer speak for a formal legal petition asking the Supreme Court to review these latest circuit court rulings, and make a ruling that state governments may not act to hinder a business from treating all of its legally married employees in the same way. We’ve signed on with 30 other global and local companies who are fed up with a state-level ban on allowing a legally binding marriage, and all the benefits that go with it.

The ice cream maker has long been a supporter of LGBT equality, periodically releasing marriage equality-themed flavors such as "Apple-y Ever After" and "Chubby Hubbies"

You can visit Ben and Jerry's website HERE to read the full letter. And head over to The New Civil Rights Movement HERE to check out the full list of Employer's Amicus Brief signatories. 


SCOTUS To Consider Hearing Gay Marriage Cases From 5 States on Sept. 29

SUPREMEThe Supreme Court has announced it will consider seven petitions from five states--Utah, Oklahoma, Virginia, Indiana and Wisconsinon--on whether those states' same-sex marriage bans are unconstitutional. The Court, currently on hiatus, will discuss the cases in a private meeting on September 29, its first conference of the year. Same-sex couples along with representatives of the states barring them from marrying have been petitioning the Court to review their cases and provide legal clarity on the question of marriage equality. USA Today reports:

By scheduling all for consideration simultaneously, the justices gave equal footing to the Indiana and Wisconsin cases just decided last week by the U.S. Court of Appeals for the 7th Circuit. The 10th and 4th Circuits previously ruled in the other cases.

The court could agree to hear one or more cases this winter; deny them all, or delay its decision for a while.

In all five states, federal district and appellate judges have agreed that state bans on same-sex marriage should be struck down as unconstitutional. But those decisions are on hold pending the Supreme Court's review.

As The Wall Street Journal points out, the Supreme Court could have more cases headed its way very soon. Many are focsued on 4 pending cases before the 6th Circuit Court of Appeals, a court some legal analysts suspect is more likely than others to uphold marriage bans: "If that happens, it’s a virtual certainty that the Supreme Court would step in and resolve the disagreement."


80 Utah Lawmakers Tell Supreme Court Gay Marriage Will Lead To Incestuous Marriage, Polygamy: READ

SupremesEighty legislators from Utah have submitted an amicus brief with the Supreme Court in which the legislators warn the Court that legalizing same-sex marriage would lead to the legalization of incestuous and polygamous marriages. The brief comes following the request for a writ of certiorari from both Utah's Attorney General, Sean Reyes, and the plaintiffs in Kitchen v. Herbert, the case that found both both a district court and the 10th Circuit Court of Appeals ruling in favor of marriage equality in Utah. As Joe.My.God points out, "the brief is signed by 22 of the 29 members of the state Senate and by 58 of the 75 members of the state House":

The Tenth Circuit did not adequately consider the consequences of its decision for Utah’s prohibitions of polygamous and incestuous marriages. If the choice of marriage partners is an unlimited fundamental right, Kitchen, 755, F.3d at 1215, and if that marriage choice cannot be denied even when a majority believes that choice to be “immoral,” 755 F.3d at 1217 (quoting Lawrence v. Texas, 593 U.S. 558, 571 (2003)), then the fundamental rights analysis applied by the Tenth Circuit will apply with even greater force to consenting adults desiring polygamous marriage or marriage between at least some close relatives. The prohibition of those marriages has always been grounded in morality. Without a moral justification, courts will be obliged to remove existing marriage prohibitions as the U.S. District Court did last month in Utah. See Brown v. Herbert, 2014 WL 4249865 (D.Utah Aug. 27, 2014. Accordingly, this Court should grant certiorari and reverse the Tenth Circuit’s judgment below.

Read the full brief, AFTER THE JUMP...

Continue reading "80 Utah Lawmakers Tell Supreme Court Gay Marriage Will Lead To Incestuous Marriage, Polygamy: READ" »


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