Same sex marriage bans overturned in Nevada and Idaho

[Gaybutton]

Same-sex marriage bans lifted in Idaho, Nevada

By Bill Mears, CNN Supreme Court Producer

October 7, 2014

Washington (CNN) -- Add Nevada and Idaho to the rapidly growing list of states to have their same-sex marriage bans tossed out in definitive fashion.

A ruling by a federal appeals court Tuesday adds further momentum -- and a degree of inevitably -- to the idea of a civil marriage for gays and lesbians becoming a reality in a majority of U.S. states.

Three judges from the 9th Circuit U.S. Court of Appeals in California concluded the bans in the two Western states violated the equal protection rights of same-sex couples to legally marry.

"The lessons of our constitutional history are clear: inclusion strengthens, rather than weakens, our most important institutions," said the judges. "When same-sex couples are married, just as when opposite-sex couples are married, they serve as models of loving commitment to all."

The decision comes after the Supreme Court on Monday let stand rulings striking down bans in five states and affecting similar laws in six others.

That means that in coming weeks, 32 states could allow same-sex marriage, an increase of 13 states since the beginning of the month.

Colorado and Utah announced Tuesday they would order county clerks to begin issuing marriage licenses to same-sex couples.

The decisions affecting Idaho and Nevada become the fourth such federal appeals court action to strike down voter-approved bans.

One of the original Idaho plaintiffs cheered the decision.

"It means so much for the courts to recognize our family and say that we must be treated equally," said Lori Watsen, who wed Sharene Watsen in New York in 2011. Their home state does not recognize their legal union. "Our son will be able to grow up in a world where the state treats his family the same as other families. Today's ruling means that we can finally have the same legal protections as other married couples and the security of knowing that our family is legally secure."

But advocates on both sides of the issue are waiting to see what a federal appeals court in Cincinnati will decide on bans in Kentucky, Michigan, Ohio and Tennessee.

Oral arguments by a judicial panel in August by the 6th Circuit suggested those bans may be upheld, in contrast to a nationwide trend over the past 15 months. A ruling there is expected any day.

A potential "circuit split" may prove the impetus for the U.S. Supreme Court to ultimately decide whether same-sex couples nationwide have a constitutional right to tie the knot.

By refusing to get involved now, the justices this week let stand appeals court rulings that immediately opened up the right to those in Indiana, Oklahoma, Utah, Virginia and Wisconsin.

Because neighboring states are covered by the appeals court's jurisdiction, same-sex marriage could be extended in coming weeks to Kansas, North Carolina, South Carolina, West Virginia and Wyoming.

The high court's deliberate move to stand off to the side may indicate its natural instincts to go slowly -- to allow hot-button issues like his one to develop on their own, without interference from nine unelected justices.

But the individual members of the bench may have also done some internal head counting and concluded with a shaky 5-4 conservative-liberal divide -- and moderate-conservative Anthony Kennedy the potential swing vote -- the final outcome was too uncertain to put same-sex marriage on the docket now.

The cases in the 9th Circuit Court's decision are Sevcik v. Sandoval (12-17668) in Nevada and Latta v. Otter (14-35420) in Idaho.

Story and video: http://us.cnn.com/2014/10/07/justice/sa ... index.html

[jason105]

Supreme Court Justice Kennedy has stayed the decision.
This is not a good sign since he is the Justice that is widely considered the "swing" vote.
In all of the 5-4 decisions, it is Justice Kennedy that makes the difference.
http://www.msnbc.com/msnbc/justice-kenn ... aho-nevada

[jason105]

Curiouser and curiouser!
Justice Kennedy now has reversed his order for Nevada and says that it only relates to Idaho!


On Wednesday afternoon, Justice Anthony Kennedy revised his order from hours earlier so as to declare that same-sex marriages can move forward in Nevada — but not in Idaho, at least for now.

The Supreme Court justice's original order put on hold a ruling on Tuesday by the 9th Circuit Court of Appeals, which consolidated cases from Nevada and Idaho and struck down both states' gay marriage bans.

It's unclear whether Kennedy — who has jurisdiction over appeals within the 9th Circuit — had a change of heart or whether he merely made a mistake in his initial order. But his new order reversed a part of his old order.

"IT IS ORDERED that the portion of the order issued on this date entering a stay of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 12-17668 is hereby vacated," he wrote, referring to the Nevada case.

The key difference is that Idaho is appealing the 9th Circuit ruling, while Nevada Gov. Brian Sandoval (R) announced that his state won't take further legal action on the issue.

[jason105]

Hold On!!!
Justice Kennedy has now issued an order staying marriages in Nevada.

Not so fast: Gay marriage on hold again in Nevada
Source: Reno Gazette-Journal

Justice Anthony Kennedy has issued a new order staying the Ninth Circuit's mandate overturning Nevada's constitutional ban on same sex marriage, capping a day of whipsaw judicial orders that has left couples spinning.

First, Kennedy issued an order this morning staying the Ninth Circuit's decision mandating the legality of same sex marriage in Nevada and Idaho. Then, Kennedy issued an order clarifying that Nevada wasn't subject to the stay, which meant same sex couples could seek a marriage license.

Within an hour of that ruling, the Coalition to Protect Marriage applied for a new stay in Nevada.

That resulted in Kennedy issuing his latest order, which blocks same sex marriage in the state.

Read more: http://www.rgj.com/story/news/2014/10/0 ... /16907673/

What a circus! Dying last gasps from the anti-marriage equality crowd.

[Gaybutton]

What a circus!

Did anyone manage to get married before he issued the stay? If so, what becomes of the legality of their marriage?

It's always nice to rely on the knack US presidents seem to have for appointing just the right people to the Supreme Court . . .

In another post I quoted one of my favorite Supreme Court justices, Antonin Scalia, who in my opinion would better serve the USA by running a pizza parlor in a remote village somewhere in Samoa:

"This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a court that he is actually innocent."
- US Supreme Court Associate Justice Antonin Scalia

Now, I'm no legal scholar, but guess what, Mr. Justice - maybe the Constitution doesn't prohibit it, but I don't see where the Constitution approves it either. Hey - we later discovered the guy was actually innocent all along, but since he was convicted let's go ahead and execute him anyway. After all, the Constitution doesn't prohibit it. The Court has never held that? May I make a suggestion? Start . . .

And while you're at it, Mr. Justice Kennedy and Mr. Justice Scalia, would you be kind enough to point out the part in the Constitution that defines marriage, prohibits same sex marriage, or authorizes states to deny equal rights to people based on their sexual orientation and preferences? I've read the constitution, but I somehow managed to miss that part.

[Bob]

It's a real injustice to the man to compare (or even mention in the same breath) Justice Anthony Kennedy - a clear moderate who' is viewed as generally fair by both sides of the political spectrum - with the right-wing ideologue Antonin Scalia.

"The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment." That's part of the majority decision penned by Justice Kennedy in United States v. Windsor, the case that just 14-15 months ago held the Defense of Marriage Act unconstitutional.

Justice Kennedy, as the swingman, has authored many majority decisions that have favored the liberal side of things. Thank god/Buddha he's been around.

[jason105]

The Madhouse continues!
Now Justice Kennedy has lifted the stay for the State of Idaho!

WASHINGTON (AP) — The Supreme Court says same-sex marriage can go ahead in Idaho.

The court issued an order Friday that appears to remove the last legal obstacle keeping gay and lesbian couples from getting married in the conservative state.

The federal appeals court in San Francisco on Tuesday declared gay marriage bans illegal in Idaho and Nevada.

Justice Anthony Kennedy temporarily blocked same-sex weddings in Idaho a day later after the state asked for a delay. Idaho officials said county clerks would be forced to issue marriage licenses to same-sex couples almost immediately without the high court's intervention.

Kennedy offered no explanation for his order, but indicated it would not be lasting. The court issued no explanation for its order Friday, either.