Gay Marriage Update
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Some dispatches from the gay marriage front:
--The ruling by a federal judge that Nebraska's constitutional ban on recognition of any form of same-sex relationship (not just marriage) has made its way to the Circuit Court of Appeals. I blogged about the ruling previously. This case is particularly important because it is one of the few cases in federal court (as opposed to state court) based on claims under the federal Constitution (as opposed to a state constitution). It is also noteworthy because the challenge is not an attempt to require Nebraska to offer same-sex marriage, but simply to allow gays to lobby for the possibility of gay marriage or civil union legislation in the future. The case is being argued by the heroes of Lambda Legal, who are very careful in selecting which challenges to make; they don't sue from the hip. Court documents available here.
--The New Jersey Supreme Court, historically one of the most pro-gay courts in the country (e.g., Boy Scouts v. Dale), is hearing oral arguments on Wednesday in a same-sex marriage case, Lewis v. Harris. I'm embarrassed to admit that this case has not been on my radar screen. I do know that this case is, unlike the Nebraska case, based solely on the state's constitution and not the federal Constitution, so the decision of the New Jersey Supreme Court will be final. Lambda Legal is also the sponsor of this litigation. Here's a fun fact: the named gay plaintiff, Mark Lewis, is an Episcopalian pastor, as is his partner. The plaintiffs lost, 2-1, at the intermediate appellate level. More thoughts at Concurring Opinions.
--Senate Majority Leader Bill Frist has announced his intention to hold a vote on the Marriage Protection Amendment, a/k/a the Federal Marriage Amendment, in June (i.e., just in time to make it an election issue). I think that's wonderful. I want senators to go on the record, forever, on the issue of same-sex marriage. I want to see Republicans forced to stand up and declare, openly and unequivocally, that yes, they do think constitutionalizing bigotry is a good idea. I want to see Democrats forced to stand up and stop selling gays out and, for once, vote they way they keep promising to vote. Maybe some of them will even apologize for passing DOMA, ratifying Don't Ask, Don't Tell and passing the Solomon Amendment. This is just the kind of pox both their houses deserve. (And keep in mind that the vote is doomed to fail anyway, so there is no cause to fear — for a summary of the gay-marriage arithmetic, see my previous post.) More thoughts at Where the Dolphins Play.
(Cross-posted at Spectrum Bloggers.)
--The ruling by a federal judge that Nebraska's constitutional ban on recognition of any form of same-sex relationship (not just marriage) has made its way to the Circuit Court of Appeals. I blogged about the ruling previously. This case is particularly important because it is one of the few cases in federal court (as opposed to state court) based on claims under the federal Constitution (as opposed to a state constitution). It is also noteworthy because the challenge is not an attempt to require Nebraska to offer same-sex marriage, but simply to allow gays to lobby for the possibility of gay marriage or civil union legislation in the future. The case is being argued by the heroes of Lambda Legal, who are very careful in selecting which challenges to make; they don't sue from the hip. Court documents available here.
--The New Jersey Supreme Court, historically one of the most pro-gay courts in the country (e.g., Boy Scouts v. Dale), is hearing oral arguments on Wednesday in a same-sex marriage case, Lewis v. Harris. I'm embarrassed to admit that this case has not been on my radar screen. I do know that this case is, unlike the Nebraska case, based solely on the state's constitution and not the federal Constitution, so the decision of the New Jersey Supreme Court will be final. Lambda Legal is also the sponsor of this litigation. Here's a fun fact: the named gay plaintiff, Mark Lewis, is an Episcopalian pastor, as is his partner. The plaintiffs lost, 2-1, at the intermediate appellate level. More thoughts at Concurring Opinions.
--Senate Majority Leader Bill Frist has announced his intention to hold a vote on the Marriage Protection Amendment, a/k/a the Federal Marriage Amendment, in June (i.e., just in time to make it an election issue). I think that's wonderful. I want senators to go on the record, forever, on the issue of same-sex marriage. I want to see Republicans forced to stand up and declare, openly and unequivocally, that yes, they do think constitutionalizing bigotry is a good idea. I want to see Democrats forced to stand up and stop selling gays out and, for once, vote they way they keep promising to vote. Maybe some of them will even apologize for passing DOMA, ratifying Don't Ask, Don't Tell and passing the Solomon Amendment. This is just the kind of pox both their houses deserve. (And keep in mind that the vote is doomed to fail anyway, so there is no cause to fear — for a summary of the gay-marriage arithmetic, see my previous post.) More thoughts at Where the Dolphins Play.
(Cross-posted at Spectrum Bloggers.)
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Posted by Kip on
14 February 2006
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