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| US same-sex marriage decision: a state-by-state guide to where bans have fallen | US same-sex marriage decision: a state-by-state guide to where bans have fallen |
| (35 minutes later) | |
| Here is a state-by-state roundup of changes in same-sex marriage law on Monday, some of which were affected directly by the supreme court’s decision not to hear an appeal in favor of banning same-sex marriage. A number of other states are indirectly affected by the decision, and legal experts said it was “very likely” that bans on same-sex marriage in the second set of states would also be lifted as a result. | |
| Indiana | Indiana |
| The hold on marriages should “automatically” terminate, according to the judges’ language, in the event of a supreme court denial of certiori. | The hold on marriages should “automatically” terminate, according to the judges’ language, in the event of a supreme court denial of certiori. |
| Therefore, according to local news, licenses will be issued in Marion County, where the state capital sits, but civil ceremonies will not be immediately offered. | Therefore, according to local news, licenses will be issued in Marion County, where the state capital sits, but civil ceremonies will not be immediately offered. |
| Governor Mike Pence reaffirmed his commitment to traditional marriage on Monday but said he will follow the law regarding unions of same-sex couples. He said people are free to disagree over the supreme court’s decision, but that people are not free to disobey the decision. | |
| County clerks have issued a few licenses to same-sex couples. | |
| Oklahoma | Oklahoma |
| Oklahoma Governor Mary Fallin has released a statement hostile to this morning’s ruling, saying “the will of the people has now been overridden”: | Oklahoma Governor Mary Fallin has released a statement hostile to this morning’s ruling, saying “the will of the people has now been overridden”: |
| Rather than allowing states to make their own policies that reflect the values and views of their residents, federal judges have inserted themselves into a state issue to pursue their own agendas. | Rather than allowing states to make their own policies that reflect the values and views of their residents, federal judges have inserted themselves into a state issue to pursue their own agendas. |
| Today’s decision has been cast by the media as a victory for gay rights. What has been ignored, however, is the right of Oklahomans – and Americans in every state – to write their own laws and govern themselves as they see fit. | Today’s decision has been cast by the media as a victory for gay rights. What has been ignored, however, is the right of Oklahomans – and Americans in every state – to write their own laws and govern themselves as they see fit. |
| But the state’s clerk has begun to issue licenses, but he said he could not say how many, because the county doesn’t keep track of the gender of brides and grooms anymore. The couple who challenged the ban has received their license. | |
| Governor Fallin called the court decision a “violation of states’ rights” and said “the will of the people has now been overridden by unelected federal justices, accountable to no one.” State attorney general Scott Pruitt said he was “disappointed” in the high court. | Governor Fallin called the court decision a “violation of states’ rights” and said “the will of the people has now been overridden by unelected federal justices, accountable to no one.” State attorney general Scott Pruitt said he was “disappointed” in the high court. |
| “Though I disagree with the federal courts on these issues,” Pruitt said in an email to the Guardian, “the court’s decision is law.” | “Though I disagree with the federal courts on these issues,” Pruitt said in an email to the Guardian, “the court’s decision is law.” |
| Utah | Utah |
| Utah’s governor has said he is “surprised and disappointed” about the decision, but also that state agencies have been urged to comply. | Utah’s governor has said he is “surprised and disappointed” about the decision, but also that state agencies have been urged to comply. |
| Each state agency has been advised to begin today to recognize all legally performed same-sex marriages. | Each state agency has been advised to begin today to recognize all legally performed same-sex marriages. |
| On Monday, the Salt Lake County clerk said she would “begin issuing licenses to same sex couples as soon as the stay is lifted and she is legally authorized to do so”. | On Monday, the Salt Lake County clerk said she would “begin issuing licenses to same sex couples as soon as the stay is lifted and she is legally authorized to do so”. |
| That stay was lifted by a federal appeals court just after noon eastern time. | |
| Virginia | Virginia |
| Virginia attorney general Mark Herring announced that same-sex marriage licenses would be issued in the state, and marriages have begun. “This is a historic and long overdue moment for our Commonwealth and our country,” said Governor Terry McAuliffe. A couple received their license shortly after 1pm. | |
| West Virginia | |
| Attorney general Patrick Morrisey, a Republican, said he is still figuring out how the state’s case will be affected. “In light of the US supreme court’s surprising decision to not review this matter, we are analyzing the implications for the West Virginia case,” spokeswoman Beth Gorczyca Ryan told the AP in an email. | |
| Wisconsin | Wisconsin |
| BREAKING: #DaneCounty Clerk is immediately issuing marriage licenses to same-sex couples! #lgbt #Madison | BREAKING: #DaneCounty Clerk is immediately issuing marriage licenses to same-sex couples! #lgbt #Madison |
| The Milwaukee County clerk has received at least one marriage license application, and couples had applied in Dane County as well; Wisconsin has a five-day waiting period for a license after an application is received by the clerk. The state attorney general says: | |
| We defended the state’s Marriage Protection Amendment in court. That was our obligation, and our attorneys did so admirably, regardless of whether they agreed with the underlying policy question. The seventh circuit affirmed the district court’s decision holding Wisconsin’s Marriage Protection Amendment unconstitutional, and the supreme court has declined the opportunity to examine that decision. | We defended the state’s Marriage Protection Amendment in court. That was our obligation, and our attorneys did so admirably, regardless of whether they agreed with the underlying policy question. The seventh circuit affirmed the district court’s decision holding Wisconsin’s Marriage Protection Amendment unconstitutional, and the supreme court has declined the opportunity to examine that decision. |
| It is now our obligation to comply with those court decisions. I encourage everyone to respect the court’s action and to administer the law fairly and impartially. Once the district court formally lifts the stay, officials must apply the marriage law consistent with the district court’s order and the seventh circuit’s decision. | It is now our obligation to comply with those court decisions. I encourage everyone to respect the court’s action and to administer the law fairly and impartially. Once the district court formally lifts the stay, officials must apply the marriage law consistent with the district court’s order and the seventh circuit’s decision. |
| Colorado | Colorado |
| Pueblo County is now issuing marriage licenses to gay couples. The attorney general, Republican John Suthers, issued a statement saying “clerks across the state must begin issuing marriage licenses to all same-sex couples.” | |
| “Because the 10th circuit court, which has jurisdiction over Colorado, struck down Utah and Oklahoma’s ban, today’s decision by the high court clears the way for same-sex couples to legally wed in Colorado once stay orders have been lifted.” | “Because the 10th circuit court, which has jurisdiction over Colorado, struck down Utah and Oklahoma’s ban, today’s decision by the high court clears the way for same-sex couples to legally wed in Colorado once stay orders have been lifted.” |
| Hundreds of same-sex marriage licenses were issued in Colorado for a series of weeks earlier this year by clerks in Boulder, Denver, and Pueblo counties, which based their actions on the initial 10th circuit decision. | Hundreds of same-sex marriage licenses were issued in Colorado for a series of weeks earlier this year by clerks in Boulder, Denver, and Pueblo counties, which based their actions on the initial 10th circuit decision. |
| Wyoming | Wyoming |
| The governor of Wyoming says Monday’s ruling will have no affect on a case challenging the state’s ban on same-sex marriage, the Casper Star Tribune reports. This despite the fact that Wyoming is under the jurisdiction of the 10th circuit court of appeals, along with Utah and Colorado, which announced new marriage laws today: | The governor of Wyoming says Monday’s ruling will have no affect on a case challenging the state’s ban on same-sex marriage, the Casper Star Tribune reports. This despite the fact that Wyoming is under the jurisdiction of the 10th circuit court of appeals, along with Utah and Colorado, which announced new marriage laws today: |
| “Today’s decision by the US supreme court has no impact on the case before the Wyoming District Court,” Mead said in a statement. … “The attorney general will continue to defend Wyoming’s constitution defining marriage between a man and a woman.” | “Today’s decision by the US supreme court has no impact on the case before the Wyoming District Court,” Mead said in a statement. … “The attorney general will continue to defend Wyoming’s constitution defining marriage between a man and a woman.” |
| Mead is a defendant in the state case, called Courage v Wyoming. Mead has said he opposes same-sex marriage because of religious beliefs | |
| A state district judge has scheduled a 15 December hearing on their request by three same-sex couples and Wyoming Equality to grant the right to marry. The Wyoming case is similar but not identical to those in federal court, and those fighting for gay marriage in Wyoming were hesitant to declare unconditional victory. Same-sex marriage could be legal in Wyoming by year’s end. | |
| Kansas | |
| The ACLU says that since the appeals from Oklahoma and Utah originated in the 10th circuit, the decision in those cases will affect states in that circuit, including Kansas. The ACLU of Kansas and western Missouri plans to file a lawsuit soon asking a federal judge to block the Kansas law prohibiting gay marriage. | |
| North Carolina | |
| The ACLU of North Carolina plans to file a request seeking an immediate ruling from a US district judge overturning the state’s ban as unconstitutional. North Carolina attorney general Roy Cooper has previously said that a federal appeals ruling overturning Virginia’s ban is binding in his state and that he does not intend to file any further appeals or seek delays. | |
| South Carolina | |
| South Carolina attorney general Alan Wilson said he will continue to fight to uphold the state constitution’s ban on gay marriage. He pointed out that a judge has not ruled on a lawsuit by a gay couple legally married in Washington DC, seeking to overturn the South Carolina gay marriage ban. | |
| A lawyer for the same-sex couple, Carrie Warner, told the AP she will soon file paperwork asking a federal judge to immediately rule in their favor. The attorneys said they hope the state will realize that money spent fighting the ban could be used in other ways. |