Leave a Comment Sagesse
Marriage Cases Reach Supreme Court
September 11, 2012
By Matt Baume
The freedom to marry is a hit at Democratic National Convention. Meanwhile, in Rhode Island, a primary this Tuesday pits a pro-equality Democrat against an anti-equality incumbent. Conservatives unveil their version of a civil unions bill, and Scotland is on track to debate marriage equality in the coming months. All that, plus we could be just two weeks away from a major Supreme Court decision in the Prop 8 case.
It’s another sign of America’s amazing progress on the freedom to marry: this week, the Democratic Party affirmed marriage as an official plank in the party platform. The platform says, “We support the right of all families to have equal respect, responsibilities, and protections under the law.” It goes on, “We support the full repeal of the so-called Defense of Marriage Act and the passage of the Respect for Marriage Act.”
Meanwhile, a new survey out this week shows that seven in ten constitutional law professors believe that DOMA is unconstitutional. DOMA will likely be taken up soon by the US Supreme Court. The court’s term starts in October, and the justices have already been asked to weigh in on multiple DOMA cases. They’ll also have an opportunity to hear AFER’s case to overturn Prop 8. We could know as early as September 25th whether or not they’ll take our case.
Turning to states, Rhode Island faces an important primary on Tuesday, September 11. That race pits Laura Pisaturo, an out lesbian, against anti-equality incumbent Michael McCaffrey. McCaffrey is chair of the Senate Judiciary Committee, which would vote on any future marriage equality legislation. If Pisaturo wins the primary, it would clear a major obstacle to marriage equality in Rhode Island. A 2009 survey showed that 60 percent of residents support the freedom to marry, to just 31 percent opposed.
A bill in California that would clarify religious exemptions to marriage equality has passed the Assembly by a wide margin. The bill, sponsored by Senator Mark Leno, is intended to neutralize our opponents’ claim that marriage equality would force clergy to perform marriages against their wishes.
In international news, Poland’s largest conservative party has announced civil union legislation. The move comes just a month after Parliament rejected a civil union bill without debate.
Also this week, the Scottish National Party unveiled its marriage bill. It now faces debate and a vote at some point in the next year, and then a referendum in 2014. The soonest couples would be allowed to marry is the beginning of 2015.
And following a survey that shows widespread support in Chile, LGBT advocates there have presented a marriage lawsuit to the Inter-American Commission of Human Rights. Among the attorneys representing gay couples is Hunter T. Carter, a former advisor to Hillary Clinton on Latin America.
Finally, we’re just a few weeks away from some major Supreme Court news on the fight to overturn Prop 8. Visit AFER.org to sign up for breaking news alerts.
Having technical problems? E-mail equalityontrial AT couragecampaign DOT org for assistance!
13 Comments Leave a Comment
1.
Sagesse | September 11, 2012 at 10:40 am
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2.
jpmassar | September 11, 2012 at 11:00 am
There is currently no plan to hold a referendum in Scotland on the same-sex marriage bill to be put forth in Parliament. There are some headlines that are misleading, mixing in the referendum on Scottish independence with a bill on marriage equality.
3.
truthspew | September 11, 2012 at 11:58 am
I'm not so sure just knocking McCaffrey out in RI will do the trick. You see, the senate is CONTROLLED by the President of the Senate, one M. Theresa Paiva-Weed.
Paiva-Weed is the biggest obstacle yet she ran UNOPPOSED in this election cycle. Which means a legislative effort for equality will FAIL once again.
Ultimately RI will obtain full equality when a federal law suit is filed against the state. Because right now through actions of the legislature and executive, they've created THREE different classes of people:
Those who obtained civil unions
Those who married in other states and it is recognized in Rhode Island.
Those who wish to marry but cannot.
So it's pretty clear there's a court case in there.
4.
Stefan | September 11, 2012 at 12:30 pm
Weed has indicated that she'd bring a marriage equality bill to a vote if passed by the House and there are enough votes in the Senate. If she gets stubborn Chaffee can pull an Andrew Cuomo.
5.
David Henderson | September 11, 2012 at 12:50 pm
If the marriage votes in Washington, Maine, and Maryland are successful, what are the effective dates when each would go into effect? I imagine it's different for each state.
Would it just be once the election results are certified by the state's election authorities, or do any of them have specified delays (30 days after certification, January 1 of the following year, etc.)?
6.
jpmassar | September 11, 2012 at 1:18 pm
I think Maryland is Jan 1. I think Maine and Washington would be immediate.
7.
Mark Mead-Brewer | September 11, 2012 at 1:30 pm
Here in WA it would be immediate.
8.
Mike in Baltimore | September 11, 2012 at 1:55 pm
McCaffrey can put consideration of any bill on hold until he decides to allow consideration, which in this case will be never. The Senate cannot consider a bill unless it has passed out of committee, thus McCaffrey is the block on consideration (and I suspect a MAJOR backer of Paiva-Weed). If his support is gone, Paiva-Weed's position becomes weaker, and she might find that she's unopposed now, but at her next election, she'll face a LOT of opposition if she doesn't change her position. The prospect of opposition two or four years in the future many times does wonders in changing a politician's position.
9.
Mike in Baltimore | September 11, 2012 at 1:55 pm
Maryland is January 1.
10.
Seth from Maryland | September 11, 2012 at 2:27 pm
A NEW SURVEY USA POLL on Washington Marriage Equality : Approved 56% , Rejected 38% , Not Sure 6% http://www.surveyusa.com/client/PollReport.aspx?g…
11.
Straight Ally #3008 | September 11, 2012 at 3:32 pm
Look at the clear trends in that poll: support for marriage is progressively higher in younger and more educated voters.
12.
Stefan | September 11, 2012 at 10:46 pm
That's great news coming from that poll. In October of 2009 it showed Referendum 71 having only 50% support, but it was passed with 53% of the vote.
13.
David Henderson | September 12, 2012 at 12:00 am
I don't know what else is on the ballot in Washington in odd-numbered years, but federal elections certainly draw a larger percentage of the qualified population in most states. So the get-out-the-vote effort for supporters is even more important this year.
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