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We’re on a Winning Streak Against DOMA
June 11, 2012
By Matt Baume
We’re entering the final phase of the case to overturn Prop 8. A judge finds DOMA to be unconstitutional for the third time in as many weeks. Good polling from battleground states, and Denmark goes from voting on marriage equality to enacting marriage equality in the span of about a week.
A ruling from the Ninth Circuit Court of Appeals last week means that the case against Proposition 8 is about to enter its final phase. The case will not be re-heard at the appellate court level, which means that the Proponents will likely petition to the United States Supreme Court. That’s the last stop on the road to overturning Prop 8, which has twice been ruled unconstitutional.
From this point, there are only two ways the case can go: either the Supreme Court will let the previous rulings stand, which means California will finally be rid of Prop 8. Or they’ll take the case, and examine the overwhelming evidence that Prop 8 violates the Constitution. If that happens, AFER is confident that the justices will reach the same conclusion as the last two courts.
Meanwhile, progress continues on over a dozen cases involving the federal Defense of Marriage Act. For the third week in a row, a court has ruled against DOMA. In the most recent case, a District Court judge in New York ruled that DOMA does not fulfill a legitimate government interest. This follows a ruling last week in Boston and one the week before in California, both of which found DOMA to violate the United States Constitution.
DOMA’s still not gone yet. Its defenders are fewer in number than ever before, but they still haven’t exhausted their opportunities for appeal. So for the time being, DOMA remains in effect.
But public opinion on marriage equality is rapidly shifting. A new CNN survey is now the thirteenth national poll to show a majority of Americans favor marriage equality, by a margin of 54 to 42%
Turning to the states, anti-gay activists in Washington state have submitted signatures to force that state’s new marriage equality law to a popular vote. Marriages would have started this summer in Washington, but now gay and lesbian couples will have to wait until November to find out whether they’ll be allowed to marry. The most recent poll in Washington shows that 54% of voters would keep marriage equality, with just 33% voting to overturn it.
And a series of polls across the country this week show encouraging progress. In Colorado, new numbers show that 73% of voters favor relationship recognition. That’s 42% who support marriage, 31% who support civil unions, and only 22% who oppose recognition of any kind.
In Minnesota, where voters will face a marriage referendum in November, 43% say they would amend the state constitution to ban marriage equality, but they’re now outnumbered by the 49% who oppose. That’s a big improvement from February, when a survey showed that 47% wanted to amend the constitution and 39% opposed the amendment.
And in Missouri, 64% of voters support relationship recognition, with 33% favoring marriage and 31% for civil unions. Opposition to marriage equality has dropped seven points since September.
Finally this week, marriage is coming to Denmark, and coming very fast. The Danish Parliament voted overwhelmingly in favor of marriage equality last week. And they’re moving quickly to implement the new law: marriages will start on Friday of this week.
Having technical problems? E-mail equalityontrial AT couragecampaign DOT org for assistance!
26 Comments Leave a Comment
1.
Sagesse | June 11, 2012 at 2:41 pm
@
2.
Lesbians Love Boies | June 11, 2012 at 3:03 pm
Does anyone know what NOM just submitted "Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Organization for Marriage. Date of service: 06/11/2012. [8209619] [10-16696, 11-16577] (WCD)" to the 9th in the Perry case?
3.
Kathleen | June 11, 2012 at 3:14 pm
NOM filed this in the Perry case in error. It was meant to be filed in Golinski. There are several amicus brief in Golinski that just came in. I'll be putting them all in a quick hit when I get them uploaded in a couple minutes.
4.
Jamie | June 11, 2012 at 3:16 pm
LOL. They really are incompetent.
5.
Mike | June 11, 2012 at 3:28 pm
And you thought they were competent and/or had a brain?
Why?
6.
Rich | June 11, 2012 at 4:08 pm
I posed an inquiry on the NOM site as to whether any of the NOMbies ever access this site to read the legal analyses that occur so frequently and thoroughly. I asked it of them because the give and take on their site always seems to focus on juvenile
retorts similar to what I see discussed among those with little imagination and limited civic education. Of course I was blocked. What do we think? Do NOMbies read this site and, intimidated and educationally insecure, just slink back to the NOM site and ignore the chance to argue? They never seem to challenge what is posted here.
7.
Mark | June 11, 2012 at 4:12 pm
That is because they have no defense to what is posted here.
8.
Mark Mead-Brewer | June 11, 2012 at 4:16 pm
We do get visited by the ocassional 'troll' from their side….but never with any form of civil debate. It always comes down to what they believe and what they believe their Church and God want of them.
They are blind, ignorant sheeple
9.
Straight Ally #3008 | June 11, 2012 at 6:47 pm
Hate rots the mind.
10.
Straight Ally #3008 | June 11, 2012 at 6:53 pm
I love hearing these polls, but it's high time a for a c-c-c-combo breaker referendum (or four).
Anyone know which country is most likely to be the next to beat the U.S.A. to full marriage equality? I'm still surprised that the UK, Australia, and New Zealand are lagging behind when Canada and South Africa – South Africa! – already made the transition.
11.
bythesea | June 11, 2012 at 7:33 pm
Australia, I'd guess of those…UK soon too, but will take a while to be in effect…
12.
Straight Dave | June 11, 2012 at 7:35 pm
Scotland seems on the verge of signing on to equality. This is apart from, and ahead of, the rest of the UK. Basically, they have all their ducks lined up and just have to start pushing the damn buttons.
http://www.pinknews.co.uk/2012/06/10/scotland-maj…
Australia has at least 2 equality bills now in the legislature, but there's still some hemming and hawing going on. The Labor party put it in their platform a few months ago, but the Labor prime minister says "over her dead body". The gov't is a coallition, so it seems a bit of a mess right now. Public pressure might tip the scales, though – it's pretty high in support. Perhaps one of the locals can update us on the current mood there.
The NZ conservative PM has dropped his opposition recently, which should at least open the door to serious consideration.
13.
Straight Dave | June 11, 2012 at 7:37 pm
Part 2:
All 3 of the above countries, plus the whole UK, will certainly beat the US to the punch. And I'd also give Brazil & Uruguay at least even odds, as well. Oh yeah, probably France too, now that Hollande seems to be on the right side of the fence.
I'm assuming that the US is 2-10 years away from universal marriage equality in *all* respects. In that much time, most of Western Europe should be covered, including Ireland (don't laugh!)
14.
DaveP | June 11, 2012 at 8:14 pm
Actually, Brazil has already begun converting same-sex civil unions to legal marriages. This started a year ago, in June of 2011, but this is being done on a case-by-case basis (each couple has had to go to court to get their civil union converted to a legal marriage). The courts there have already ruled on this many times and the government is now in the process of creating legislation so that couples no longer have to jump through this extra hoop and can simply get legally married the same way other couples do.
15.
Mackenzie | June 11, 2012 at 8:45 pm
Does anyone know where the poll numbers out of MO came from?!?! very interested about that!
16.
NancyH | June 11, 2012 at 9:26 pm
It’s funny that 33% favor Marriage equality in Missouri whereas 31% favor civil unions.
17.
rick l | June 12, 2012 at 7:05 am
This proves we MUST Silence democracy! Stupid voters thinking they have the right to choose their own laws! How dumb can you be? We Democrats have proven that the voting public is to be used as the toilet paper they are, as it should be. You vote against a Democrat and we will strike you down like the worthless flies anyone else but Democrats are!
18.
Kate | June 12, 2012 at 7:28 am
At least 51,000 fraudulent signatures found on the WA referendum vote: http://www.q13fox.com/news/kcpq-r-79-fraudulent-s…
So, since this many were found simply by random draw, will the state look at all of them more closely now? Anyone in WA know how that is handled? Mark?
19.
Ann_S | June 12, 2012 at 7:33 am
Hmm, actually I think it says there are 51 pages of bad signatures, or 1,000 bad signatures that they have randomly so far. Sounds as though one or more of the paid signature gatherers "signed" for a lot of registered voters him- or herself. It will be interesting to see how the state handles this, you're right.
20.
Kate | June 12, 2012 at 7:33 am
Whoops; I'm confused. No surprise. 1000 signatures have been found to be fraudulent, but this affects 51 sheets. Am I correct that any fradulent signatures on any sheets cancel the entire sheet? I think that the way it is in CA, where I am.
21.
Rich | June 12, 2012 at 7:52 am
This fraudulent maneuver is just one more example of how a supposed Christian directed initiative to subvert the constitution and the equal rights of a minority is more often than not instigated with lies, slander, bigotry and hate. Check out the NOM blog. It's not now (and apparently never was) about "saving marriage". The bloggers are very clear. They see this as a war against all gay people who they despise. We must take every opportunity we can to share many of the comments on the NOM site with the rest of the world. People would be shocked.
22.
Mark M. (Seattle) | June 12, 2012 at 8:07 am
A terrible mind is a thing to waste
23.
Mark M. (Seattle) | June 12, 2012 at 8:12 am
That is correct Kate. At least that's how I remember it from the Ref 71 days.
It would be nice to have them lose the chance to vote on our civil rights, but it will also be WONDERFUL to win this at the voting booth……so once and for all we can say SHUT UP about 'Let the people vote'!!!
They voted, you lost, now GO AWAY!!!
24.
Ann_S | June 12, 2012 at 8:46 am
I wasn't aware that a fraudulent signature would cancel the entire sheet — interesting!
25.
fiona64 | June 12, 2012 at 9:17 am
Louis Marinelli (hi, Louis!) used to visit here … but since he severed his ties with the NOMbies, I don't know whether he's been back.
26.
Straight Dave | June 12, 2012 at 2:34 pm
I agree! NOM is one of our best allies, when used appropriately. That's what happened at the MD hearings last year when a couple of the senators were turned off by all the disgusitng comments.
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