QUEER QUOTE: ACLU Urges Wisconsin To Decide Marriage Equality Appeal Soon

The ACLU of Wisconsin is managing the lawsuit Wolf v. Walker for marriage equality which led to a federal judge striking down the ban on same-sex marriage (and then issued a stay on her order enjoining the state from enforcing her ruling). The state of Wisconsin has 30 days from the date of the judge's ruling (issued 11 days ago) to file its appeal to the 7th U.S. Appellate Circuit, which by my count would be Sunday July 6.

The ACLU has issued a public letter to Attorney General J.B. Van Hollen asking him to make  a decision earlier so that the marriage equality question can be resolved sooner than later and same-sex couples will know whether their marriages will stand or not.

Our clients and other same-sex couples in Wisconsin are faced with the continuing indignity of seeing their families denigrated by the state’s refusal to allow them to marry or to recognize their marriages entered elsewhere... Even if you [Van Hollen] believe you will win, please file your appeal promptly to resolve the uncertainty that same-sex couples, their children, as well as employers and other businesses and government offices who interact with same-sex couples are facing until the constitutionality of Wisconsin’s ban on marriage is resolved.

 Van Hollen is not running for re-election this year, but Republican Governor Scott Walker is. Fellow Republican Governor Tom Corbett (who is also running for re-election but is unlikely to win) earlier this year made his state the 19th state to have permanent marriage equality when he didn't appeal a marriage equality ruling.

WISCONSIN: Federal Judge Issues Stay and Injunction Halting Marriage Equality

Bad news out of Wisconsin! Federal judge Barbara Crabb finally issued a final order implementing her previously issued decision in the same-sex marriage case of Wolf v Walker in favor of marriage equality from last week and included a stay and injunction that makes it clear that no marriage licenses should be issued to same-sex couples while the matter is appealed to the U.S. 7th Circuit.

This means that the multiple counties and big cities like Madison and Milwaukee where same-sex couples were being issued marriage licenses have to stop doing so immediately.

The judge wrote in her final order that the Supreme Court's previous decision this past January to issue a stay in the case of whether Kitchen v. Herbert striking down Utah's ban on marriage equality should go into effect compelled her to do the same since the two cases are indistinguishable from each other. All this year federal judges in various jurisdictions have been striking down laws banning marriage equality in several states (Michigan, Oklahoma, Oregon, Pennsylvania, Texas and Virginia, and many others) usually issuing stays automatically preventing marriages from going into effect.

In some jurisdictions, notably Oregon and Pennsylvania, the state officials agreed with the ruling and thus did not appeal it, causing marriage equality to go into effect immediately in those states. However, in others, like Wisconsin, politicians have continued to battle in court to uphold their discriminatory marriage laws and are appealing to the appropriate federal appellate circuit. The 4th and 10th appellate circuits have heard oral arguments in their marriage equality cases and could issue decisions at any time, although most observers do not expect one to do so until much later this year at the earliest.

Hat/tip to Joe Jervis

QUEER QUOTE: Milwaukee Paper Editorializes In Favor Of Marriage Equality

The Milwaukee Journal-Sentinel published an editorial today in favor of the state of Wisconsin dropping its appeal of the recent ruling by federal district court judge Barbara Crabb allowing marriage equality in the Badger State. This excerpt is today's Queer Quote:

Nearly a year ago, the U.S. Supreme Court struck down the federal Defense of Marriage Act, which barred the federal government from recognizing or providing federal benefits for same-sex couples married in states where such unions are legal. At the same time, it also declined in a California case to say whether state bans on gay marriage were constitutional or not. While not a clear victory for same-sex marriage advocates, the ruling did mean that California became the 13th state to permit same-sex marriage. 

Since those rulings, federal courts have struck down state bans in 11 states. Now, it's Wisconsin's turn: The decision that same-sex couples in Wisconsin — and all who believe in equality — were awaiting finally came Friday afternoon. U.S. District Judge Barbara Crabb ruled that Wisconsin's ban on same-sex marriage was unconstitutional. 

This was not just a victory for gay couples; it was a victory for equal rights for all Americans, and it follows a pattern from the civil rights era, when federal courts played a key role in striking down laws that had imposed second-class citizenship on African-Americans. These bans had done the same to gay couples; it's good to see the bans meeting the same fate. 

[Wisconsin Attorney General] Van Hollen argues that Crabb's ruling should be stayed so as not to create confusion for the nearly 300 couples who have been issued marriage licenses in Milwaukee and Dane counties since Friday's ruling. Other counties are holding off on issuing such licenses, awaiting the state's appeal. And, in truth, Crabb could have been clearer in her ruling, which, unlike other courts' rulings, doesn't explicitly say what county clerks should be doing. Crabb is asking for more information before deciding whether to stay her own decision while it is appealed. There is a chance the ruling will be stayed even though Crabb did deny Van Hollen's request on Monday. 

But Van Hollen only has a point if he appeals Crabb's ruling. If he doesn't, the argument and the confusion are over. He should refrain from such an appeal and recognize that Crabb's ruling — like other such rulings across the country — is a victory for freedom for all Americans.

There is precedent here, of course. Republican Governor Tom Corbett decided not to appeal a similar ruling bringing marriage equality to Pennsylvania. Republican Governor Scott Walker could do the same thing in Wisconsin, but Walker has presidential ambitions, so such a progressive decision is unlikely to occur anytime soon.

Hat/tip to Joe.My.God

Now There Are 20! Wisconsin's Ban on Marriage Equality Struck Down!

Of course, just hours after I wrote a post with a map depicting the 19 states that have marriage equality, a 20th was added when a federal judge ruled in Wolf v. Walker that Wisconsin's state constitutional ban on same-sex marriage was unconstitutional.

The lawsuit was filed by the ACLU, which celebrated thusly:

"We are tremendously happy that these loving and committed couples will now be able to access the security and recognition that only marriage provides,” said Larry Dupuis, legal director of the ACLU of Wisconsin. “These discriminatory laws are falling around the country and it is only right that Wisconsin move forward as well.” 

"Wisconsin’s constitutional ban on marriage for same-sex couples is a striking example of intentional discrimination towards lesbians and gay men in Wisconsin,” said John Knight, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “The marriage ban has sent a powerful message  that same-sex couples are undeserving of the dignity and important legal protections associated with marriage. Judge Crabb’s decision that same-sex couples are equal under the law sends an entirely different message -- one inviting and encouraging fair treatment and respect for these couples."

Couples are getting married in Madison and Milwaukee:

There are now 20 states in which same-sex couples can get legally married and twenty consecutive federal court ruling since last year's Supreme Court ruling in U.. v. Windsor. Apparently Justice Antonin Scalia's dissent in that case was cited no less than a dozen times in Judge Crabb's decision striking down Wisconsin's marriage law!

Hat/tip to Joe Jervis

WI-SEN: Lesbian Tammy Baldwin Takes Lead

Tammy Baldwin is the first openly lesbian person elected to the U.S. House of Representatives. She has represented the 5th Congressional District of Wisconsin surrounding Madison for over a decade but announced this time last year that she would run for the open U.S. Senate seat vacated by retiring Democrat Herb Kohl. Baldwin has done a good job of raising money, easily won the  Democratic nomination and was even able to pass on her congressional seat to another openly LGBT person, Mark Pocan.

However, Wisconsin is the most politically polarized state in the country due to the shenanigans of Republican Governor Scott Walker and the Democratic party's use of recall elections to fight back. This had the effect of energizing Republicans, damaging Baldwin's standing in her U.S. Senate race against 4-time former Governor Tommy Thompson and even putting the entire formerly blue state in play in the presidential contest as well. (Although the latter may be due to the selection of fellow Wisconsin congressman and rabid "Objectivist" Paul Ryan to the presidential ticket.)

Anyway, yesterday came news that for the first time Baldwin is pulling ahead of Thompson in the race, as shown in not one, but two, polls.

The first was an internal poll conducted for the Baldwin campaign which puts her up 50-45 among likely voters, with a margin of error of 3.5 points.

Baldwin leads Thompson, 50 percent to 45 percent, while 5 percent of respondents are undecided. The Democrat's lead is not considered statistically significant because it is inside the poll's margin of error. 

Thompson is considered the favorite in the race, thanks to his history of appealing to independents and moderate Democrats and his four gubernatorial victories. After emerging from a crowded GOP primary last month, Thompson led Baldwin in several independent polls.

The second was a poll by PPP which shows Baldwin ahead 48-45, with a margin of error of 3 points.

In the U.S. Senate race, Baldwin was backed by 48 percent of respondents, while 45 percent supported Thompson. 

The poll found 53 percent of respondents had a negative impression of Thompson, while 40 percent had a favorable view of him. It found Baldwin's favorable-unfavorable split was 44-45.
The survey also found 90 percent of respondents were committed to their choice in the Senate race.

Electing an openly LGBT person to the United States Senate would be an historic moment, and thanks to the rules of that deliberative (and dysfunctional) body would allow Senator Baldwin to thwart almost all anti-LGBT legislation, and perhaps promote pro-LGBT bills as well.

Hat/tip to Gay Politics

Bloomberg's List of the Richest People in the World

Bloomberg News has started a daily index compiling the worth of the Top 20 billionaires in the world. Note that the richest person in the world is from Mexico.

Also, note that right-wing Republicans like the Koch brothers (Wisconsin Governor's Scott Walker's sugar daddies) and Sheldon Adelson (Newt Gingrich's) are in the Top 15.
Curiously, Mike Bloomberg, the founder of Bloomberg News is not on the Bloomberg Billionaires index.

Hat/tip to Joe.My.God.

1 Million Signatures On Recall Walker Petitions

Wisconsin Democrats submitted over one million signatures on petitions to recall Republican Governor Scott Walker today. Walker is infamous for sparking an intense partisan divide in Wisconsin by using a narrow Republican legislative majority to end collective bargaining rights for public employees in the state.

The Milwaukee Journal-Sentinel reports:

It would mark the first such gubernatorial recall in state history and would be only the third gubernatorial recall election in U.S. history. Organizers Tuesday also handed in 845,000 signatures against Lt. Gov. Rebecca Kleefisch as well as petitions against four GOP state senators including Senate Majority Leader Scott Fitzgerald of Juneau.

The sheer number of signatures being filed against Walker - nearly as many as the total votes cast for the governor in November 2010 and almost twice as many as those needed to trigger a recall election - ensure the election will be held, said officials with the state Democratic Party and United Wisconsin, the group that launched the Walker recall.

"It is beyond legal challenge," said Ryan Lawler, vice chairman of United Wisconsin.

The filing marks a milestone following Walker's controversial legislation ending most union bargaining for public workers. But Democrats have challenges before them to winning a recall election, including Walker's substantial fundraising and their lack of a candidate.

In addition, there were recall petitions filed for four Republican state senators. Senate Majority Leader Scott Fitzgerald, Pam Galloway, Terry Moulton and Van Wanggaard. Last year there were 9 recall elections held in Wisconsin, 6 against Republicans and 3 against Democrats. The results were 5 wins by Democrats and 4 by Republicans ending up in changing the Wisconsin State Senate from 19-14 to 17-16.