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Multiple marriage cases heading to Supreme Court
July 11, 2012
By Matt Baume
All eyes are on the Supreme Court, with a big marriage showdown shaping up on the horizon. Two county clerks in Illinois have won right to defend the state’s marriage ban. And equality gets a thumbs up from Methodists, and a thumbs down — for now — from Presbyterians.
New court filings by the Department of Justice and a Congressional legal group mean that multiple marriage equality cases are now converging on the United States Supreme Court. The House Bipartisan Legal Advisory Group has petitioned the Supreme Court in the case Gill versus Office of Personnel Management versus Gill. Meanwhile the DOJ has also petitioned for review in that case. And in an unexpected move, the DOJ also petitioned for review in another case, Office of Personnel Management versus Golinski.
That’s unexpected because the Golinski case hasn’t been though appeals process yet. So the DOJ is asking to skip the appeal and go right to the nation’s highest court.
In addition to these two DOMA cases, AFER’s Prop 8 case may soon reach the Supreme Court as well. Their next term starts this fall, which is shaping up to be a very busy time for the national marriage equality movement.
Turning to the states, two county clerks in Illinois have been granted permission to defend the state’s ban on marriage equality. Last month, twenty-five LGBT couples filed suit against the state when they were prevented from marrying. It was initially unclear who would defend the law, since state officials agreed that it was unconstitutional. But now these local officials, represented by the conservative Thomas More Society, have stepped in to oppose the LGBT families.
The United Methodist Church of the Northwest has voted to endorse Washington State’s pending marriage equality law. That law will only take effect if voters approve it at the ballot in November.
But the General Assembly of the Presbyterian Church voted Friday to reject marriage equality. That vote was very close — three hundred and eight supporting equality to three hundred and thirty three opposed. The freedom to marry has widespread support among younger church leaders, including 82% of young seminarians.
And finally this week, more positive polling numbers. In Oregon, marriage equality is holding on to a narrow margin of support at 46 to 45%. That’s a slight improvement from last year, when 43% supported marriage. Oregon leaders have no immediate plans to return to the ballot, and instead are currently pursuing an education campaign to build public support.
11 Comments Leave a Comment
1.
arjay1951@mac.com | July 11, 2012 at 11:35 am
Speaking of churches, my nephwe ( an Episcopal priest) told me yesterday that the Episcopal church has just voted in one of its conferences to perfrom equal marriage rites. I haven't seen It on the news, and it may not be final, but apparently it is causing quite a stir in his parish. Has anyone else seen something similar?
2.
sfbob | July 11, 2012 at 11:40 am
It's now being reported on multiple media outlets. CNN reported it last night… http://religion.blogs.cnn.com/2012/07/10/episcopa…
3.
arjay1951@mac.com | July 11, 2012 at 11:49 am
Thanks!
4.
Rich | July 11, 2012 at 12:03 pm
New this am…The Portland Press Herald commissioned Critical Insights, a Maine based non-partisan polling firm to address a number of issues. Two important ones: this November's vote to approve marriage equality is leading 57% to 35% and Obama leads Romney by a wide margin. Check out the paper for other very interesting results and more details of the two I mentioned.
5.
F Young | July 11, 2012 at 12:14 pm
Could someone tell me when the US Supreme Court will likely decide if it will hear the Proposition 8 appeal?
6.
arjay1951@mac.com | July 11, 2012 at 12:20 pm
Check previous postings on this point, ad infinitm. The consensus seems to be that the earliest it will decide whether to hear the case in the traditional First Monday in October, when the new term begins, although there will be a vote on the issue a week or two before. It won't come out of the blue. If it reviews one or more cases, they will be set for briefing on the merits, followed by oral argument, then a decision on the merits in late June of next year. It takes four votes to review, but five votes (usually) to issue a decision on the merits.
7.
natstv | July 11, 2012 at 12:24 pm
You may want to watch the phrasing; I initially read "multiple marriage cases" as meaning "polygamy cases" (i.e., multiple-marriage cases rather than multiple marriage-cases.)
8.
F Young | July 11, 2012 at 12:29 pm
Thanks.
9.
Mike in Baltimore | July 11, 2012 at 2:02 pm
US Supreme Court Calendar, October Term 2012: http://www.supremecourt.gov/oral_arguments/2012te…
This, or reading tea leaves, or reading chicken entrails, is about as close as you will get to knowing anything about the SCOTUS schedule.
10.
juliecason (JC) | July 12, 2012 at 7:58 am
My old college buddy is an Episcopalian priest who is attending that convention. She clarified that it is a blessing–not a marriage ceremony–but that she still feels it's a big step for them to have taken as a leadership group.
11.
José Merentes | July 13, 2012 at 5:47 am
By now it´s official the Episcopal Church of America aproved blessings for same sex couples. I didn´t understand explanation on the signing of marriage licenses where equal marriage is legal.
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