Friday 22 August 2014

State's gay marriage ban tossed






The Rev. Tony Larsen and his partner, Craig Matheus, are refused a marriage license by Racine County Clerk Wendy Christensen, right, in the clerk's office in Racine, Wisconsin, on Friday, June 13. The county does not grant marriage licenses to same-sex couples despite a judge's ruling that the state ban on gay marriage is unconstitutional. The Rev. Tony Larsen and his partner, Craig Matheus, are refused a marriage license by Racine County Clerk Wendy Christensen, right, in the clerk's office in Racine, Wisconsin, on Friday, June 13. The county does not grant marriage licenses to same-sex couples despite a judge's ruling that the state ban on gay marriage is unconstitutional.

Pastor Carol Hill from Epworth United Methodist Church speaks during a beachfront marriage equality ceremony at the Kathy Osterman Beach in Chicago, on Sunday, June 1, 2014. June 1 marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples.Pastor Carol Hill from Epworth United Methodist Church speaks during a beachfront marriage equality ceremony at the Kathy Osterman Beach in Chicago, on Sunday, June 1, 2014. June 1 marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples.

William Roletter, left, and Paul Rowe, right, press close to one another after having their photo taken with their newly acquired marriage certificate at City Hall in Philadelphia, Pennsylvania, on May 21.William Roletter, left, and Paul Rowe, right, press close to one another after having their photo taken with their newly acquired marriage certificate at City Hall in Philadelphia, Pennsylvania, on May 21.

Julie Engbloom, left, and Laurie Brown embrace after being wed in Portland, Oregon, on Monday, May 19, after a federal judge <a href='http://ift.tt/1gM2D4c'>struck down the state's voter-approved ban on same-sex marriage</a>.Julie Engbloom, left, and Laurie Brown embrace after being wed in Portland, Oregon, on Monday, May 19, after a federal judge struck down the state's voter-approved ban on same-sex marriage.

Jennifer Rambo, right, kisses her partner, Kristin Seaton, after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on Saturday, May 10. At left is Sheryl Maples, the lead attorney who filed the Wright v. State of Arkansas lawsuit. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which<a href='http://ift.tt/1k0Se3m'> banned same-sex marriage in the state of Arkansas. </a>Jennifer Rambo, right, kisses her partner, Kristin Seaton, after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on Saturday, May 10. At left is Sheryl Maples, the lead attorney who filed the Wright v. State of Arkansas lawsuit. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in the state of Arkansas.

Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on Saturday, March 22, a day after a federal judge overturned Michigan's ban on same-sex marriage.Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on Saturday, March 22, a day after a federal judge overturned Michigan's ban on same-sex marriage.

Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City on Friday, December 20. A federal judge struck down Utah's ban on same-sex marriage, saying it conflicted with the constitutional guarantees of equal protection and due process. Many Utah counties began issuing marriage licenses before the state appealed to the U.S. Supreme Court. The high court temporarily blocked enforcement of the lower court ruling until the constitutional questions are fully resolved.Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City on Friday, December 20. A federal judge struck down Utah's ban on same-sex marriage, saying it conflicted with the constitutional guarantees of equal protection and due process. Many Utah counties began issuing marriage licenses before the state appealed to the U.S. Supreme Court. The high court temporarily blocked enforcement of the lower court ruling until the constitutional questions are fully resolved.

Plaintiffs Laurie Wood, left, and Kody Partridge, center, and attorney Peggy Tomsic leave a federal courthouse in Salt Lake City on Wednesday, December 4, after a judge heard arguments challenging Utah's same-sex marriage ban.Plaintiffs Laurie Wood, left, and Kody Partridge, center, and attorney Peggy Tomsic leave a federal courthouse in Salt Lake City on Wednesday, December 4, after a judge heard arguments challenging Utah's same-sex marriage ban.

Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumbley celebrate with a copy of the Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii on Wednesday, November 13, in Honolulu. Hawaii's same-sex marriage debate began in 1990, when two women applied for a marriage license, leading to a court battle and a 1993 state Supreme Court decision that their rights to equal protection were violated by not letting them marry. Now the state is positioning itself for an increase in tourism as visitors arrive to take advantage of the law, which took effect December 2. Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumbley celebrate with a copy of the Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii on Wednesday, November 13, in Honolulu. Hawaii's same-sex marriage debate began in 1990, when two women applied for a marriage license, leading to a court battle and a 1993 state Supreme Court decision that their rights to equal protection were violated by not letting them marry. Now the state is positioning itself for an increase in tourism as visitors arrive to take advantage of the law, which took effect December 2.

Newark, New Jersey, Mayor Cory Booker officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall on Monday, October 21. The state Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry.Newark, New Jersey, Mayor Cory Booker officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall on Monday, October 21. The state Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry.

A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage on June 26, 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds.A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage on June 26, 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds.

In the other June 26 ruling, the Supreme Court struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman. Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012.In the other June 26 ruling, the Supreme Court struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman. Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012.

At the state Capitol in St. Paul, Minnesota on May 14, 2013, <a href='http://ift.tt/QIH9IO'>Gov. Mark Dayton signs a bill legalizing same-sex marriage</a>.At the state Capitol in St. Paul, Minnesota on May 14, 2013, Gov. Mark Dayton signs a bill legalizing same-sex marriage.

Delaware Gov. Jack Markell holds up legislation on May 7, 2013,<a href='http://ift.tt/QIH9IR'> allowing same-sex couples to wed in the state.</a>Delaware Gov. Jack Markell holds up legislation on May 7, 2013, allowing same-sex couples to wed in the state.

Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the <a href='http://ift.tt/QIH7AK'>Marriage Equality Act was signed into law at the statehouse in Providence</a> on May 2, 2013.Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence on May 2, 2013.

Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after <a href='http://ift.tt/1bPfpGo'>signing a same-sex marriage bill on March 1, 2012</a>. The law was challenged, but voters approved marriage equality in a November 2012 referendum.Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill on March 1, 2012. The law was challenged, but voters approved marriage equality in a November 2012 referendum.

<a href='http://ift.tt/1k0ScZp'>Washington Gov. Chris Gregoire celebrates after signing marriage equality legislation</a> into law on February 13, 2012. Voters there approved same-sex marriage in November 2012.Washington Gov. Chris Gregoire celebrates after signing marriage equality legislation into law on February 13, 2012. Voters there approved same-sex marriage in November 2012.

Phyllis Siegel, 76, right, kisses her wife, Connie Kopelov, 84, after exchanging vows at the Manhattan City Clerk's office with New York City Council Speaker Christine C. Quinn in attendance on July 24, 2011, the <a href='http://ift.tt/QIH7AP'>first day New York state's Marriage Equality Act went into effect</a>.Phyllis Siegel, 76, right, kisses her wife, Connie Kopelov, 84, after exchanging vows at the Manhattan City Clerk's office with New York City Council Speaker Christine C. Quinn in attendance on July 24, 2011, the first day New York state's Marriage Equality Act went into effect.

In 2010, television reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. <a href='http://ift.tt/1k0Se3w'>Same-sex marriage became legal in Washington on March 9, 2010.</a>In 2010, television reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington on March 9, 2010.

Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol in Concord in January 2010 as the<a href='http://ift.tt/1k0Se3x'> state's law allowing same-sex marriage</a> goes into effect.Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol in Concord in January 2010 as the state's law allowing same-sex marriage goes into effect.

Maine state Sen. Dennis Damon left, hands Gov. John Baldacci the bill that the <a href='http://ift.tt/QIHafK'>state Senate passed to affirm the right for same-sex couples</a> to marry on May 6, 2009. Maine state Sen. Dennis Damon left, hands Gov. John Baldacci the bill that the state Senate passed to affirm the right for same-sex couples to marry on May 6, 2009.

Beth Robinson of the Vermont Freedom to Marry Task Force, who is among those who fought for marriage equality, on April 7, 2009.Beth Robinson of the Vermont Freedom to Marry Task Force, who is among those who fought for marriage equality, on April 7, 2009.

Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in <a href='http://ift.tt/QIH7Rc'>Iowa after same-sex couples were allowed to marry</a> there with a court ruling on April 3.Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with a court ruling on April 3.

Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriages became legal in Connecticut on November 12, 2008.Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriages became legal in Connecticut on November 12, 2008.

Lara Ramsey, left, and her partner of eight years, Jane Lohmann, play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after <a href='http://ift.tt/QIH7Rj'>Massachusetts approved same-sex marriage. </a>Massachusetts was the first state in the U.S. to do so.Lara Ramsey, left, and her partner of eight years, Jane Lohmann, play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state in the U.S. to do so.








1



2



3



4



5



6



7



8



9



10



11



12



13



14



15



16



17



18



19



20



21



22



23



24



25








  • NEW: Gov. Rick Scott for "traditional marriage" in line with voter-backed amendment

  • A federal judge says Florida's same-sex marriage bans violates U.S. Constitution

  • 19 federal courts have weighed in on this matter and reached the same conclusion

  • Judge stays his own order, meaning gays and lesbians can't marry right away




(CNN) -- Gay and lesbian rights advocates continued their undefeated run Thursday when a federal judge ruled Florida's same-sex marriage ban to be unconstitutional -- though he didn't go so far to allow such marriages as to take place right away.


U.S. District Judge Robert Hinkle noted in his ruling that his is now one of 19 federal courts that have struck down state laws that bar gay and lesbian couples from marrying. While most of the time those decisions were put on hold as appeals work their way through the system, they have all reached the conclusion.


Like those other judges, Hinkle said the Florida ban -- first put into law in 1977 and written into the state's constitution after a 2008 referendum -- violates the "due process" and "equal protection" provisions in the U.S. Constitution.


His ruling applies both to whether same-sex couples can marry in Florida as well as to whether such marriages elsewhere should be recognized in the Sunshine State.


"The Florida provisions that prohibit the recognition of same-sex marriages lawfully entered elsewhere, like the federal provision, are unconstitutional," Hinkle writes. "So is the Florida ban on entering same-sex marriages."


Yet his decision, while firmly in support of allowing same-sex marriage, won't take effect immediately.


Hinkle's reasoning: It doesn't make sense to open up and allow such unions, only to have higher courts later reverse his decision and leaving some couples potentially in legal limbo.


Earlier this summer, state Circuit Court Judge Sarah Zabel wrote a similar ruling, based on a similar rationale. She, too, immediately stayed her own order "pending the outcome of the expected appeal."


For all their celebrations Thursday, the fact that none of these rulings have took effect, in full, is high on the minds of LGBT rights activists and groups.


One of them, Equality Florida, called on state leaders to stand with them as the issue continues to move through the courts.


"Florida put this discriminatory ban in place, and Florida should end it," the group said on its website. "Our families have waited too long already."


The state's top elected official, Gov. Rick Scott, has a different opinion.


His re-election campaign spokesman Greg Blair said Thursday that while Scott "respects the many views Floridians have on this issue, he believes in traditional marriage consistent with the constitutional amendment passed by voters in 2008."


"There are several cases going through the court system," Blair added, "and the governor respects that process."


Fast Facts: Same-sex marriage


CNN's John Couwels contributed to this report.



No comments:

Post a Comment