Brig's Blog: July 2014

Monday, July 28, 2014

SSM Opponent Ryan T. Anderson Argues for Religion and Tradition

by Brig Bagley

28 July 2014

A writer for the "Daily Signal", Ryan T. Anderson speaks for the Heritage Foundation arguing against movements for same-sex marriage.

He also responds to a gay man's question as to why he and his husband should be denied the right to file joint taxes when a straight couple is not.

Watch the the full speech, the highlights, and the full Q&A by following this link: http://dailysignal.com/2014/07/25/ryan-t-anderson-responded-gay-man-wants-redefine-marriage/?fb_action_ids=10152679056329880&fb_action_types=og.shares

Same-Sex Marriage Status in the 50 States

by Brig Bagley

28 July 2014

Washington Post has compiled an interactive map that explains the state of same-sex marriage in all 50 states. The related articles and cases for each situation are noted for exploration.

Explore here: http://www.washingtonpost.com/wp-srv/special/politics/same-sex-marriage/

Fourth Circuit Court of Appeals Affirms Support for Equality

by Brig Bagley

28 July 2014

As the second district court to uphold decisions to strike down state SSM bans, the 4th District Court of Appeals ruled that Virginia's ban was indeed unconstitutional. It also agreed that marriage is a fundamental right to consenting adult couples, irrespective of gender.

The ruling is a 2-1 decision, similar to the decisions in the Utah and Oklahoma cases in the 10th District rulings. The dissenting judge claimed that same-sex marriage is a new relationship proposed as a right, as opposed the already existing right to marry, which only includes a man-woman relationship and is not denied to any.

The ruling is on hold for 21 days from today, awaiting a rehearing or a stay. Virginia Attorney General also believes the ban is unconstitutional, and did not defend it. Two clerks for the state are representing the case in favor of the existing bans.

A Second Ruling Against Gay Marriage Bans in Florida

by Brig Bagley

28 July 2014

Another Federal Judge in Florida has ruled the state SSM ban unconstitutional. This ruling will force Miami-Dade county clerks to start issuing licenses for marriage to same-sex couples.

The court stayed the order, pending appeal.

Friday, July 25, 2014

Colorado: Federal Judge Strikes Down Marriage Ban

by Brig Bagley

25 July 2014

Judge Moore struck down Colorado's same-sex marriage ban. At the request of the state's Attorney general and Governor, a stay was put into place until August 25th for an appeal to the 10th District court. Both the AG and Governor, however, agree that the ban was unconstitutional, similar to the officials of Nevada and New Mexico. They believe the stay is the right choice in awaiting news from the US Supreme Court.

Colorado banned SSM in 2006, but allowed for civil unions in 2013. Although not related to the issue, Colorado is also known for its legalized marijuana, adding to its reputation as a fairly liberal and progressive state. The civil unions were considered on par with "separate, but equal", which led to this particular case.

Read more here: https://www.blogger.com/blogger.g?blogID=319426926434095901#editor/target=post;postID=7243613236665713565

Monday, July 21, 2014

Obama's Executive Order Protects LGBT

by Brig Bagley

21 July 2014

Obama has just signed a new Executive Order that prohibits discrimination based on sexual preference and identity in the workplace. The order can only apply to federal workers and workers of companies on federal contract. Federal workers enjoy this benefit immediately, while federal contract workers should expect to see the order enforced by early next year.

Previous protections are augmented with this order. Obama did not, however, remove Bush's clause in 2002 that grants employers the ability to prioritize hiring based on one's religious beliefs.

Because the ruling by the Equal Employment Opportunity commission in 2012 is claimed to still not be enforced (particularly for transgender people), Obama believed this order would help make the difference.

About 1/5 of working Americans will be protected by this order. The Employment Non-Discrimination Act written by Obama would cover all Americans, but it has only been passed in the senate, and awaits attention by the republican-controlled House of Representatives, which has refused to bring it up.

US Supreme Court Extends Evans Case Stay

by Brig Bagley

21 July 2014

Justice Sonia Sotomayor granted the extended stay in the case that requires Utah to recognize same-sex marriages performed in Utah. Justic Sotomayor also granted the stay for the Amendment 3 case in January. The granting of the stay is by no means to indicate whether the US Supreme Court will take Utah's appeal of the Amendment 3 case, nor what the jury would rule.

This stay marks another delay by Utah for same-sex couples and their families to enjoy the comfort of the benefits that legally come with marriage. Proponents of SSM are disappointed, but not surprised. Just as they have tried everything to get their rights, Utah will try everything to deny them. But proponents are confident that the SCOTUS will eventully rule in favor of SSM.

Opponents are relieved at the upheld stay, as same-sex marriages would have been required to be recognized today. The governor's office and the attorney general's office both believe the stay was important to avoid confusion and to keep consistent. They believe that the stay was a necessary until the Supreme Court gives final clarity on the issue.

The stay was put into place until a decision on the Amendment 3 case is made by SCOTUS. This essentially renders the entire Evans case unnecessary, as a SCOTUS ruling would decide what would ultimately happen. However, it does guarantee that Utah must recognize same-sex marriages should the Amendment 3 ban be ruled unconstitutional.

Read more here: https://www.ksl.com/index.php?nid=757&sid=30768720

Friday, July 18, 2014

Tom Daley Makes "Attitude" Headline

by Brig Bagley

18 July 2014

The heart-throbbing diver Tom Daley causes thousands of gays to swoon again as he poses for the cover of "Attitude", a UK gay magazine.

Tom expresses his support for marriage equality for all in his interview, admitting that yes, he too would like to have a husband and kids. He also hopes his YouTube videos have helped others that are struggling with their sexual identity and other personal issues.

Tom is currently the lover of screen writer Dustin Lance Black, who is a couple decades his senior. But, this is not an unheard of difference of age between lovers in the celebrity world. As many might agree, the older partner often gives the younger a sense of importance and security.

Posting on Kik, Facebook, YouTube, and Instagram, Tom Daley certainly appeals to his millions of fans across the world. He is also one of the very few popular athletes to publicly come out. He did do it, however, on his own terms on one of his own posts online.

Oklahoma Receives Same Ruling as Utah from 10th District

by Brig Bagley

18 July 2014

Following the 10th District Court of Appeal's ruling for Utah in Kitchen vs. Herbert, the same panel of judges ruled again 2-1 in favor of removing the ban on same-sex marriage in Oklahoma. Oklahoma has the option to to an "en banc" appeal to the decision, where the entire 10th District Court will weigh in on the issue, or to go directly to the Supreme Court, as Utah plans to do.

There are about 12 other court cases across the country still awaiting rulings. So far, there has been a perfect record for equality with over 20 victories. Oklahoma is the second to receive a ruling from a District Court. Utah is first in line for a hearing by the US Supreme Court. The SCOTUS, however, has no obligation to pick up one or any of the cases that might reach it.

If the SCOTUS doesn't take on the cases, the lower court rulings will stand and the stays will expire, making the rulings the law of the land in the respective districts. If it takes on any of the cases, it can either reverse the lower court decisions, or confirm them, making same sex marriage bans illegal across the county.

Whether or not the US Supreme Court will take on a case is unknown, and greatly depends on the outcomes (and timelines of the outcomes) of the several other cases across the country. If there are more split rulings, or different outcomes, the likelihood of the SCOTUS to take on a case is almost certain.

Florida Gay Marriage Ban Bites the Dust

by Brig Bagley

18 July 2014

Florida becomes one in over 20 victories of court rulings in favor of ousting unconstitutional same-sex marriage bans. Similar to Utah, about 2/3 of voters approved the ban back in 2008. Some county clerks are preparing for an onslaught of marriage licenses for same-sex couples, and are planning on issuing them as early as July 22.

Monday, July 14, 2014

Utah Appeals 10th District Decision to US Supreme Court

by Brig Bagley

14 July 2014

Bypassing a chance for the entire 10th District Court to review the Amendment 3 case (the recent ruling was by only 3 members of the court), Utah appeals to the highest court in the US, hoping to resolve the case once and for all. Because the court is on hiatus until October, the court won't decide if it will take the case until after then. The soonest it would review and issue a ruling is in May or June of next year, 2015.

Many doubt that SCOTUS will take up the case, arguing that it rarely takes on cases without dissent in lower courts. However, plenty of others believe that because the issue has such an impact on all of the states, it seems like a case it would be interested in weighing in on. Some experts say that SCOTUS will wait to decide to take the case until several lower court decisions have been made, which could delay their ruling an additional year.

The dissent of opinion has mobilized many people to support and advocate their side of the issue. Conservatives sit firmly in their position against SSM, while SSM supporters rally allies to encourage representatives to bring down the gay marriage barriers. Emotions run high as the definition of one's family feels threatened by the opposing party.

Utah Forced to Recognize Issued SSM Licenses Says 10th District Court

by Brig Bagley

14 July 2014

The 10th District Court of Appeals ruled that Utah cannot refuse to recognize gay marriages that took place during the 2 week window it was legal in the state. The ruling was stayed for 10 days until July 21 for Utah to appeal the decision to the US Supreme Court.

Read more here: http://fox13now.com/2014/07/11/10th-circuit-court-rules-utah-must-recognize-same-sex-marriages-performed-in-the-state/

Colorado SSM Ban Struck Down, Stay Ignored

by Brig Bagley

14 July 2014

Another federal judge has ruled that a state ban on gay marriage is unconstitutional. Last week on July 9th, Colorado joins the dominoes of SSM bans across the US. The judge stayed the ruling, pending appeal. Since Colorado is already in the a district that reviewed SSM bans, this ruling may be clumped into that decision.

Despite the stay, two county clerks have issued marriage licences to gay couples. Upon crying foul from opponents of the ruling, a judge reviewed and ruled that there was nothing wrong with the clerks' decision, but warned that future reviews and ruling may invalidate the licences issues during the stay.

Wednesday, July 2, 2014

Kentucky SSM Ban Struck Down, Traditional Marriage Argument Debunked

by Brig Bagley

2 July 2014

Now 22-0 with Federal Judge Rulings against SSM bans, Kentucky joins the team. This judge even states that the argument that SSM marriage would hurt procreation and birth rates is "not from that of serious people." Judge Heyburn || also stated in his ruling that, "Even assuming the state has a legitimate interest in promoting procreation, [the defendants have failed to show that same-sex marriage has] any effect whatsoever on procreation among heterosexual spouses.''

The ruling has been stayed, pending appeal by the state.