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ACLU Unflusterred by Marriage Religious Objection Claims    

ACLU Unflusterred by Marriage Religious Objection Claims    

BY DUNCAN OSBORNE | Senior members of the American Civil Liberties Union say that while efforts in a few states to enact laws exempting businesses and government employees from participating in the marriages of gay and lesbian couples have received media attention, they have largely been unsuccessful. “I think the way this is going to […]

As Attorney Defending Idaho, Nevada Marriage Bans Dances Quickly, Ninth Circuit Panel Seems Dubious

As Attorney Defending Idaho, Nevada Marriage Bans Dances Quickly, Ninth Circuit Panel Seems Dubious

BY ARTHUR S. LEONARD | The San Francisco-based Ninth Circuit Court of Appeals panel that heard oral arguments on September 8 in several marriage equality cases appeared very dubious about the justifications presented in defense of the Nevada and Idaho bans on same-sex couples marrying. The outcome of these appeals seems almost pre-ordained at this […]

Temporary Stay on Idaho Marriage Ruling

Temporary Stay on Idaho Marriage Ruling

BY ARTHUR S. LEONARD | They just keep on coming… Hard on the heels of last week’s ruling by a state court judge in Arkansas that the ban on same-sex marriages there violates both the state and federal constitutions, a federal judge in Boise has ruled that Idaho’s ban violates the 14th Amendment Due Process and […]

This Week Marriage Equality Litigation Amps Up to Full Throttle

This Week Marriage Equality Litigation Amps Up to Full Throttle

BY ARTHUR S. LEONARD | As anticipation builds for the first federal appellate arguments on marriage equality since last June’s Supreme Court decision striking down the Defense of Marriage Act’s ban on federal recognition of legal same-sex marriages, new developments in litigation efforts across the nation continue to pile up. On April 10, a panel of […]

Michigan Marriage Stay to Remain in Effect through Appeals Process

Michigan Marriage Stay to Remain in Effect through Appeals Process

BY PAUL SCHINDLER | Ruling on March 25, the Sixth Circuit Court of Appeals has extended the stay on last week’s marriage equality ruling in Michigan to allow the state to bring its appeal before the circuit. In an order that ran to just over three pages, the panel’s majority –– which included Circuit Court […]

No Stay of Tennessee Marriage Ruling; Oregon Declining to Defend Its Ban

No Stay of Tennessee Marriage Ruling; Oregon Declining to Defend Its Ban

BY ARTHUR S. LEONARD | In a gutsy move, US District Judge Aleta A. Trauger has rejected a request by Tennessee Republican Governor Bill Haslam to stay her order that the state recognize the out-of-state same-sex marriages of three Tennessee couples while Haslam pursues an appeal. The Sixth Circuit Court of Appeals –– which already has […]

Nevada Drops Its Defense of Gay Marriage Ban

Nevada Drops Its Defense of Gay Marriage Ban

BY ARTHUR S. LEONARD | In a sharp change of course, Nevada’s governor and attorney general announced on February 10 they would not defend the state’s ban on same-sex marriage in a case pending before a federal appeals court. A US district court earlier upheld that ban, and an appeal by Lambda Legal on behalf of […]

In a Fast-Moving Case, Virginia Attorney General Won’t Defend Marriage Ban

In a Fast-Moving Case, Virginia Attorney General Won’t Defend Marriage Ban

BY ARTHUR S. LEONARD | Recently inaugurated as attorney general of Virginia, Democrat Mark Herring, who had run on a platform supporting same-sex marriage, was immediately faced with a strategic decision. The attorney general’s office represents the state’s registrar of vital records, Janet M. Rainey, the lead defendant in two federal lawsuits challenging Virginia’s constitutional and statutory […]

Profound Implications from Ruling Jurors Can’t Be Excluded for Being Gay

Profound Implications from Ruling Jurors Can’t Be Excluded for Being Gay

BY ARTHUR S. LEONARD | A unanimous three-judge panel of the San Francisco-based Ninth Circuit Court of Appeals has ruled that excluding potential jurors because they are gay violates the Equal Protection Clause of the 14th Amendment to the US Constitution. The January 21 ruling, which came in a civil lawsuit over HIV medication pricing that Smithkline […]

Marriage Movement Advances in New Jersey, Illinois Rulings

Marriage Movement Advances in New Jersey, Illinois Rulings

BY ARTHUR S. LEONARD | In a big day for the marriage equality movement, trial judges moved the ball forward significantly in New Jersey and Illinois on September 27. In New Jersey, Mercer County Superior Court Judge Mary C. Jacobson granted a motion for summary judgment filed by Lambda Legal on behalf of Garden State […]

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