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| Gay marriage in the US: what's the legal status? | Gay marriage in the US: what's the legal status? |
| (3 days later) | |
| The gains made by the marriage equality campaign in the year since the US supreme court handed down two landmark rulings on the issue has surprised even activists. | The gains made by the marriage equality campaign in the year since the US supreme court handed down two landmark rulings on the issue has surprised even activists. |
| There have been successful challenges to gay marriage bans in states all over the US. This week, Utah petitioned the supreme court to give a definitive ruling on the constitutionality of gay marriage – something that last year's narrow rulings specifically did not do – and in Colorado, a judge ruled that county clerks may issue same-sex marriage licenses even though a ruling that lifts that state's ban is on hold, pending appeal. (The legal status of those marriages, however, remains uncertain). | There have been successful challenges to gay marriage bans in states all over the US. This week, Utah petitioned the supreme court to give a definitive ruling on the constitutionality of gay marriage – something that last year's narrow rulings specifically did not do – and in Colorado, a judge ruled that county clerks may issue same-sex marriage licenses even though a ruling that lifts that state's ban is on hold, pending appeal. (The legal status of those marriages, however, remains uncertain). |
| In total, the same-sex marriage movement has won 20 court cases since the supreme court rulings last year; securing a bloc in the north-east and lodging a lawsuit against the last remaining ban in the union to go unchallenged in a federal court. | |
| Why is Utah important? | Why is Utah important? |
| Utah is the first state to petition the supreme court to take up the issue following the fall of the Defense of Marriage Act (Doma), but it seems unlikely to be the only one. | Utah is the first state to petition the supreme court to take up the issue following the fall of the Defense of Marriage Act (Doma), but it seems unlikely to be the only one. |
| On Wednesday, the office of Utah's attorney general announced that it plans to petition the supreme court over a lower-court ruling that struck down the state's constitutional ban. Sean Reyes's office said the state would forgo the option to appeal to a full panel of judges on the 10th circuit and instead route the case directly to the supreme court. | On Wednesday, the office of Utah's attorney general announced that it plans to petition the supreme court over a lower-court ruling that struck down the state's constitutional ban. Sean Reyes's office said the state would forgo the option to appeal to a full panel of judges on the 10th circuit and instead route the case directly to the supreme court. |
| Last month, a panel of three judges from the 10th US circuit court of appeals upheld a previous ruling that permitted gay and lesbian couples in Utah to marry. This decision makes same-sex marriage legal in six states: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. However, the three-judge panel placed an immediate hold on its ruling. | Last month, a panel of three judges from the 10th US circuit court of appeals upheld a previous ruling that permitted gay and lesbian couples in Utah to marry. This decision makes same-sex marriage legal in six states: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. However, the three-judge panel placed an immediate hold on its ruling. |
| To be sure, Utah has not actually filed the petition yet. But Reyes's office said in a statement on Wednesday that that appeal will be filed within the coming weeks, in order for the state to get "clarity and resolution". | To be sure, Utah has not actually filed the petition yet. But Reyes's office said in a statement on Wednesday that that appeal will be filed within the coming weeks, in order for the state to get "clarity and resolution". |
| Will the supreme court take up same-sex marriage again? | Will the supreme court take up same-sex marriage again? |
| The justices don't have to. But it seems like the more pertinent question is when, not if. | The justices don't have to. But it seems like the more pertinent question is when, not if. |
| The justices, who return in October, have several options. They can agree to hear the case, decide to hold the case – possibly to wait for other appeals court to rule on the issue – or decline it. | The justices, who return in October, have several options. They can agree to hear the case, decide to hold the case – possibly to wait for other appeals court to rule on the issue – or decline it. |
| Herman Schwartz, a constitutional law professor at American University in Washington, said he expects the court wants to hold off until other appeals courts deliver their ruling. He said a conflict between appellate court decisions would almost certainly force the justices to take up a same-sex marriage case. | Herman Schwartz, a constitutional law professor at American University in Washington, said he expects the court wants to hold off until other appeals courts deliver their ruling. He said a conflict between appellate court decisions would almost certainly force the justices to take up a same-sex marriage case. |
| "I don't see the court at this time coming into the issue," he said. "There just hasn't been enough appellate court decision-making." | "I don't see the court at this time coming into the issue," he said. "There just hasn't been enough appellate court decision-making." |
| Same-sex marriage cases are pending in six of the 13 US appeals courts, according to the ACLU. And many lower courts are considering challenges to state laws barring gay and lesbian couples from marrying. | Same-sex marriage cases are pending in six of the 13 US appeals courts, according to the ACLU. And many lower courts are considering challenges to state laws barring gay and lesbian couples from marrying. |
| A ruling is expected soon from the fourth US circuit court of appeals, which heard arguments about Virginia's ban in early May. Oral arguments have been scheduled in August and September in the sixth and the ninth appeals courts for cases on bans in Michigan, Ohio, Kentucky, Tennessee, Nevada and Idaho. | A ruling is expected soon from the fourth US circuit court of appeals, which heard arguments about Virginia's ban in early May. Oral arguments have been scheduled in August and September in the sixth and the ninth appeals courts for cases on bans in Michigan, Ohio, Kentucky, Tennessee, Nevada and Idaho. |
| Joshua Block, an ACLU staff attorney for their LGBT project, said the supreme court will take other factors into account even if there isn't an appellate court split. | Joshua Block, an ACLU staff attorney for their LGBT project, said the supreme court will take other factors into account even if there isn't an appellate court split. |
| "There are other factors that the court looks at, too, which includes whether or not this is an issue of national importance that the supreme court should bring a final answer to," Block said. "The conventional wisdom is that the supreme court will want to have the opportunity to bring a final resolution to the issue by issuing an authoritative decision." | "There are other factors that the court looks at, too, which includes whether or not this is an issue of national importance that the supreme court should bring a final answer to," Block said. "The conventional wisdom is that the supreme court will want to have the opportunity to bring a final resolution to the issue by issuing an authoritative decision." |
| In the event that the justices decline Utah's petition, the circuit court's decision would stand, and couples could begin to marry in Utah, plus the five other states in the district. | In the event that the justices decline Utah's petition, the circuit court's decision would stand, and couples could begin to marry in Utah, plus the five other states in the district. |
| Clifford Rosky, a law professor at the University of Utah and the chair of Equality Utah, said he is confident the supreme court will take up the case. If this happens, Rosky said he believes the court would rule in favor of same-sex couples right to marry. | Clifford Rosky, a law professor at the University of Utah and the chair of Equality Utah, said he is confident the supreme court will take up the case. If this happens, Rosky said he believes the court would rule in favor of same-sex couples right to marry. |
| "It would be extraordinary for the supreme court to say that every court that's faced this question, all 20 of them, were wrong," Rosky said. | "It would be extraordinary for the supreme court to say that every court that's faced this question, all 20 of them, were wrong," Rosky said. |
| Why has this happened so fast? | Why has this happened so fast? |
| So much has changed in a year. In June 2013, the supreme court handed down two significant rulings: it ruled California's voter-approved gay marriage ban, Proposition 8, unconstitutional, and it also ruled against the law that prevented federal recognition of same-sex marriages carried out in states where they were legal, the Defense of Marriage Act. | |
| The 1996 law, which was signed by President Clinton, blocked married gay couples from accessing a range of legal rights, including federal tax and estate tax exemptions, social security benefits, and even the right to be notified of the death of next of kin. | The 1996 law, which was signed by President Clinton, blocked married gay couples from accessing a range of legal rights, including federal tax and estate tax exemptions, social security benefits, and even the right to be notified of the death of next of kin. |
| Perhaps unexpectedly, it was Doma ruling that has opened the floodgates to legal challenges. The reason for this is that the ruling on Prop 8 was limited specifically to California, and the justices declined to give a broader view on the constitutionality of same-sex marriage. | Perhaps unexpectedly, it was Doma ruling that has opened the floodgates to legal challenges. The reason for this is that the ruling on Prop 8 was limited specifically to California, and the justices declined to give a broader view on the constitutionality of same-sex marriage. |
| In the Doma case, however, Anthony Kennedy, writing for the majority, ruled that the law – which was challenged by a New York resident, Edith Windsor – breached the equal-protection clause of the fifth amendment. | In the Doma case, however, Anthony Kennedy, writing for the majority, ruled that the law – which was challenged by a New York resident, Edith Windsor – breached the equal-protection clause of the fifth amendment. |
| Doma seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the federal government. The constitution's guarantee of equality 'must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot' justify disparate treatment of that group." | Doma seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the federal government. The constitution's guarantee of equality 'must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot' justify disparate treatment of that group." |
| It is this sweeping ruling on which lower-court judges have relied to strike down gay marriage bans round the country. Since the supreme court issued its ruling, no state's same-sex marriage ban has been upheld by a court. | It is this sweeping ruling on which lower-court judges have relied to strike down gay marriage bans round the country. Since the supreme court issued its ruling, no state's same-sex marriage ban has been upheld by a court. |
| How many rulings have there been? | How many rulings have there been? |
| Striking down Doma has resulted in a series of victories for same-sex marriage supporters, with federal judges repeatedly overturning states' bans. | Striking down Doma has resulted in a series of victories for same-sex marriage supporters, with federal judges repeatedly overturning states' bans. |
| Before the ruling, gay marriage was legal in 12 states and the District of Columbia. Now same-sex couples can be legally married in 19 states and DC. Additionally, lower courts have declared same-sex marriage legal in Oklahoma, Virginia, Michigan, Idaho, Arkansas, Texas, Wisconsin, Indiana, Kentucky and Colorado, but all rulings are on hold are pending appeals to higher courts. | Before the ruling, gay marriage was legal in 12 states and the District of Columbia. Now same-sex couples can be legally married in 19 states and DC. Additionally, lower courts have declared same-sex marriage legal in Oklahoma, Virginia, Michigan, Idaho, Arkansas, Texas, Wisconsin, Indiana, Kentucky and Colorado, but all rulings are on hold are pending appeals to higher courts. |
| The latest decision to strike down the came in Colorado, where a state judge found that the prohibition on same-sex marriage violated the constitutional rights of gay couples. His ruling is on hold pending appeal, although two Colorado clerks have been given the go-ahead by judges to ignore the federal stay and issue marriage licenses anyway. | |
| Appeals and stays on certain rulings have occasionally pushed some newlyweds into legal gray areas. | Appeals and stays on certain rulings have occasionally pushed some newlyweds into legal gray areas. |
| In Indiana, for example, a federal court overturned the state's same-sex marriage ban last month without a stay. Hundreds of Indiana couples rushed to marry following the judge's ruling, but before the seventh circuit court of appeals stepped in and put it on hold. Now the validity of their marriages hang in the balance, as the state of Indiana says its will not recognize the marriages that took place in the interim. This has happened in a handful of other states. | In Indiana, for example, a federal court overturned the state's same-sex marriage ban last month without a stay. Hundreds of Indiana couples rushed to marry following the judge's ruling, but before the seventh circuit court of appeals stepped in and put it on hold. Now the validity of their marriages hang in the balance, as the state of Indiana says its will not recognize the marriages that took place in the interim. This has happened in a handful of other states. |
| There are legal challenges pending that aim to ensure such marriage are valid regardless of how that state's same-sex marriage case plays out in a higher court. | There are legal challenges pending that aim to ensure such marriage are valid regardless of how that state's same-sex marriage case plays out in a higher court. |