GOOD NEWS! Australia Plebiscite Shows 61.6% Support Marriage Equality

The results of the months-long mail-in plebiscite on marriage equality in Australia were released yesterday and show that a vast majority of the country supports marriage equality down under!

The New York Times reports:

MELBOURNE, Australia — A solid majority of Australians voted in favor of same-sex marriage in a historic survey that, while not binding, paves the way for Parliament to legally recognize the unions of gay and lesbian couples. 

Of 12.7 million Australians who took part in the government survey, 61.6 percent voted yes and 38.4 percent voted no, officials announced on Wednesday morning. Participation was high, with 79.5 percent of voting-age Australians sending back their postal ballots. 

“The Australian people have spoken, and they have voted overwhelmingly ‘yes’ for marriage equality,” said Prime Minister Malcolm Turnbull, who called the survey in a move described by advocates as a delay tactic devised to appease his party’s far-right faction. “They voted ‘yes’ for fairness, they voted ‘yes’ for commitment, they voted ‘yes’ for love.” 

The high turnout and unequivocal result amounted to a rebuke for Australia’s most conservative politicians, many of whom saw a majority of their constituents vote to support same-sex marriage despite their arguments against it.

Woo hoo! I think it may be time to plan a return trip to Oz in 2018!

Germany's Marriage Equality Law Is Now In Effect!

Germany's equal marriage law, called "marriage for all" went into effect on yesterday. It was passed on June 30 by a vote of 393-226 in the German parliament when Chancellor Angela Merkel's governing coalition agreed to allow a free vote on the matter, even though she herself voted against the measure. The bill was signed into law by the German president in late July.

The first couple to be married under the legislation was a gay male couple from Berlin named Karl Kreile and Bodo Mende who had been together for 38 years.

The fact that Germany now has marriage equality was one reason my husband I decided to finally visit Berlin in August for our 9th wedding anniversary.

Hat/tip to the Washington Blade.

Today Is #LovingDay: 50th Anniversary of Nationwide Interracial Marriage Legalization

As someone in an interracial same-sex marriage who has taught students the details of the landmark 1967 U.S. Supreme Court case Loving v. Virginia  several times I can't let today go by without acknowledging that it is the 50th anniversary of the release of that unanimous ruling striking down laws banning interracial marriages (because such statutes seek to maintain "White Supremacy").

Happy #LovngDay!

POLL: Support For Marriage Equality Nearly 2:1 (64%-34%)

As someone who was in the trenches fighting for marriage equality for close to twenty years, it is exciting to report that public opinion has now swung dramatically in favor of supporting same-sex marriages.

According to Gallup, 64% of Americans support marriage equality, with opposition at 34%. Even Republicans have plurality support for the position that the law should support marriages between same-sex couples.

To put it succinctly, Gallup says:

Though the Supreme Court has settled the legality of same-sex marriage, a third of Americans are opposed to it. 

But support for gay marriage has gradually increased over the past two decades, reaching majority support with new groups, as it did with senior citizens in 2016 and Protestants this year. Republicans' support for gay marriage is also at a new high and could trend toward majority support in the near future.

It is worth noting that nearly two years after Obergefell legalize same-sex marriage that a full third of respondents think it should be illegal.

However it is pretty awesome to see the trend; hopefully it will remain monotonically increasing from now on!

CELEBRITY FRIDAY: Jim Parson Of #TBBT Marries Longtime Boyfriend

Multiple Emmy award-winning actor Jim Parsons, one of the stars of the CBS hit sitcom The Big Bang Theory, married his longtime boyfriend this past week at the Rainbow Room in New York City. Parsons, 44,  came out publicly in 2012 and has only rarely been seen in public with Todd Spiewak.

CELEBRITY FRIDAY: Serena Williams Announces Engagement To Alexis Ohanian

Serena Williams blew up the internet on Thursday when she announced that she is engaged to be married to Reddit co-founder Alexis Ohanian. Williams, 35, is a 22-time major tennis champion while her fiance, 33, is a well-known Silicon Valley investor and was twice named to Forbes magazines 30 under 30 to watch.

The story of the engagement was posted to reddit in poem form:

I came home
A little late
Someone had a bag packed for me
And a carriage awaited
Destination: Rome
To escort me to my very own "charming"
Back to where our stars first collided
And now it was full circle
At the same table we first met by chance
This time he made it not by chance
But by choice
Down on one knee
He said 4 words
And
r/isaidyes

Ohanian's net worth is estimated to be under $10 million while Williams' is said to exceed $150 million. Hopefully, a prenuptial agreement is in the offing! Also, one hopes that Williams' engagement ends better than the one her bestie Caroline Wozniacki  had with  golfer Rory Mcilroy.

Good luck and congratulations to the happy couple!

Colombia Joins The Group Of Countries With Full Marriage Equality!

Great news on the international LGBT equality front! The Supreme Court of Colombia has ruled 6-3 in favor of marriage equality.

Colombia’s Constitutional Court voted in favor of legal marriage equality today, in a 6-3 decision, reports Spanish-language Colombian LGBT media outlet EgoCity. The ruling takes effect immediately, meaning same-sex couples can now marry throughout the South American nation.  

The decision was not wholly unexpected, as the court had long been considering a case filed by four same-sex couples who argued that the state was required to provide equal marriage rights for same-sex couples.  

In 2011, the Constitutional Court ordered the national congress to create a law establishing marriage equality by June 20, 2013. Lawmakers failed to meet this deadline, which means same-sex couples in Colombia have technically been able to legally recognize their relationships since 2013, though to do so couples were required to seek out a notary or judge to formally solemnize their commitment.  

Because there was no definitive policy regulating these unions, many same-sex couples were turned away by judges and notaries. Four such couples filed the lawsuit that was decided today, which determines that no judge or notary can legally refuse to marry a same-sex couple.

The Advocate seems to indicate same-sex couples can marry in Colombia now because the ruling should go into effect immediately but that has not been confirmed by other sources.

Hat/tip to Joe Jervis

POLL: Marriage Equality Has Majority Support In Japan

A new poll shows that marriage equality has majority support in Japan. This is something of a surprise because previous polls have shown that support for LGBT equality is not high in the Asian island nation.

Fifty-one percent of people polled by researchers from universities and the National Institute of Population and Social Security Research back such partnerships, the Asahi newspaper reported. Support exceeded 70 percent among respondents in their 20s and 30s, while 38 percent in their 60s and 24 percent in their 70s were in favor, the Asahi said.

Hat/tip to TowleRoad 

Read the U.S. Supreme Court Decision Obergefell v. Hodges Here

Obergefell v Hodges (14-556)

GRAPHIC: Civil Unions 2000-2008, Marriage Equality Now

Hat/tip to Scott Wooledge

Gaytterdämmerung II: SCOTUS Hears Oral Arguments In Obergefell v Hodges

Source

Today is the day that many people have been waiting for. The Supreme Court heard oral arguments about two questions that will decide whether same-sex couples will be able to get married in every state in the nation, and secondly, whether when they are married in a jurisdiction that allows it, will other jurisdictions be forced to recognize those marriages. If it seems like we just recently had a significant case from the Supreme Court on same-sex marriage,we did, but it was two years ago. I was actually in DC at the time so I went by the Court to witness the spectacle of wheat happens before a major case.

In those cases, Proposition 8 ended up being held to remain invalidated (Hollingsworth v. Perry) and the so-called Defense of Marriage Act (DOMA) was struck down (United States v. Windsor).

Today's case was Obergefell v Hodges and you should read the always excellent SCOTUS blog for complete coverage and a plain-english explanation of what happened. Apparently, no one is very sure of what the final decision will be. That really, can be considered something of a win for the heterosexual supremacists because they have spent the last 18 months or so losing literally dozens of cases before federal judges who have been striking down bans on same-sex marriage using the United States Constitution and the reasoning contained in Windsor.

If the Court does decide that there is NOT a fundamental right to marry for same-sex couples *and* that states do not have to be forced to recognize marriages from one state that could not be performed in their state, then the Washington Post has a good map and explanation of what the state of play could be.

Only 11 states have enacted marriage equality through "majoritarian democratic" processes so far, so it would mean that there would be battles going on in 39 different states to change the law. This would potentially include California, where Proposition 8 is not the law of the land due to a District Court decision that would no longer be valid if the Supreme Court issues a ruling that changes the legal landscape. You can bet that heterosexual supremacists would start litigating to have Proposition 8 re-instated and LGBT activists would rush to collect signatures to have a 2016 vote on the question.

The 21 states whose marriage laws have been struck down by lower federal courts and where couples have been getting married legally would suddenly have their marriages thrown into limbo (although it is more likely than not those marriages would be deemed valid, but it might take another Supreme Court case to resolve that issue).

Let's hope the Justices do the right thing and realize that there is no harm to opposite-sex couples when same-sex couples are allowed to marry.

Hat/tip to Scotus Blog and Joe.My.God

Andy Murray & Kim Sears Got Married In Scotland Today!

World #3 Andy Murray and Kim Sears got married in Dunblane, Scotland today! They are both twenty-seven years old and have been seeing each other for eight years or so. Murray wore  a traditional tartan kilt.

QUEER QUOTE: Federal Government Urges Supreme Court To Strike Down All State Bans On Marriage Equality

The federal government headed by President Barack Obama and represented in court by the Justice Department headed by Attorney General Eric Holder has filed a brief with the United States Supreme Court urging an end to all state bans on marriage equality throughout the nation. This following excerpt is today's Queer Quote:

“The marriage bans challenged in these cases impermissibly exclude lesbian and gay couples from the rights, responsibilities, and status of civil marriage. These facially discriminatory laws impose concrete harms on same-sex couples and send the inescapable message that same-sex couples and their children are second-class families, unworthy of the recognition and benefits that opposite-sex couples take for granted. The bans cannot be reconciled with the fundamental constitutional guarantee of ‘equal protection of the laws.’”

This is a significant development because it was not that long ago the federal government was defending it's own federal ban on the recognition of marriage equality in court, a position the government abandoned almost exactly four years ago, and a few years later the Supreme Court struck down the so-called Defense of Marriage Act.

It is expected that the federal government may ask for time to argue it's position in the recently announced oral arguments in the marriage equality cases to be heard by the court on April 28.

POLL: Even Republican Primary Voters Support Mariage Equality

Joe Jervis today blogged about a Washington Post poll that shows that even among Republican primary voters, who are more conservative than the country as a whole, more of them think opposition to marriage equality is an unacceptable position for their presidential nominee than think it is an acceptable position.

There is some question as to whether Republican voters were too dumb to even realize that the question was asking about support for marriage equality, since the way the question is asked it in the form of a double negative.

It should also be noted that for Democratic voters in those same states the number of respondents who found a presidential candidate who opposed marriage equality acceptable were: 26% (Iowa), 18% (New Hampshire) and 32% (South Carolina).

Hat/tip to Joe Jervis

QUEER QUOTE: Federal Judge Issues Order Enjoining Alabama Officials To Issue Marriage Licenses

Federal District Court Judge Callie Granade issued an order enjoining probate judges in Mobile, Alabama from refusing to issue marriage licenses to same-sex couples, despite spurious declarations from Chief Justice Roy Moore of the Alabama State Supreme Court that the fact that the United States Supreme Court refusal to issue  a stay on Granade's previous order striking down Alabama's discriminatory marriage amendment caused marriage equality to go into effect on Monday February 9th.

This excerpt from the federal order is today's Queer Quote:

Accordingly, the Court once again makes the following declaration: It is ORDERED and DECLARED that ALA. CONST. ART. I, § 36.03 (2006) and ALA. CODE 1975 § 30-1-19 are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. Probate Judge Don Davis is hereby ENJOINED from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage. If Plaintiffs take all steps that are required in the normal course of business as a prerequisite to issuing a marriage license to opposite-sex couples, Judge Davis may not deny them a license on the ground that Plaintiffs constitute same-sex couples or because it is prohibited by the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act or by any other Alabama law or Order pertaining to same-sex marriage. This injunction binds Judge Don Davis and all his officers, agents, servants and employees, and others in active concert or participation with any of them, who would seek to enforce the marriage laws of Alabama which prohibit or fail to recognize same-sex marriage. DONE and ORDERED this 12th day of February, 2015. 

Boom!

Hat/tip to Chris Geidner 

QUEER QUOTE: Obama Hopes Supreme Court Makes "Right Decision" In Marriage Case

President Barack Obama gave an interview with YouTube celebrity GloZell Green where he expressed support for a decision from the U.S. Supreme Court that will legalize marriage equality throughout the country.

What he actually said is today's Queer Quote:

My hope is that they go ahead and recognize what I think the majority of people in America now recognize, which is two people who love each other and are treating each other with respect, and aren’t bothering anybody else, why would the law treat them differently? Why? There’s no good reason for it, and so as a consequence I’m hopeful the Supreme Court comes to the right decision. 

[...]

As far as me personally, just to see all the loving gay and lesbian couples that I know are great parents and great partners, the idea that we would not treat them like the brothers and sisters that they are that doesn't make sense to me.

Let's hope The Nine are listening!

There Will Be 36! Marriage Equality Will Begin In Florida Next Week

Next week Florida will almost certainly become the 36th state where same-sex couples can get legally married when a federal judge's injunction against the Sunshine State's constitutional amendment banning marriage equality goes into effect at 5pm on January 5, 2015. U.S. District Court judge Robert L. Hinkle ruled on New Year's Day that his order applies specifically to the couple who filed before him but that his ruling makes it clear that the statute barring the issuance of marriage licenses to same-sex is unconstitutional and if clerks act based on an unconstitutional law he will entertain all such couples being added as parties to the original lawsuit.

This is how the Judge puts it:

The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants. But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses. As in any other instance involving parties not now before the court, the Clerk’s obligation to follow the law arises from sources other than the preliminary injunction.

Hat/tip to Joe Jervis 

GRAPHIC: Polling Data On Marriage Equality 1985-2015

As 2014 comes to a close we should take stock of where we are on the question of marriage equality. Right now 35 states have marriage equality, with Florida (the 3rd largest state in the Union) going into effect on Monday January 5. That is very close to two-thirds of the population living in jurisdictions with marriage equality.

The U.S. Supreme Court is considering appeals from the states in the 6th Circuit within the next week or so and if they grant certiorari then we could have a final national determination by July 2015.

The graphic above shows the  polling data on support for marriage equality (i.e. same-sex marriage) for the last three decades. It's a pretty picture!

Hat/tip to Daily Kos

CELEBRITY FRIDAY: Sir Elton John, Lance Bass Get Married (To Other Men)

Last weekend there were two same-sex celebrity weddings. One aspect of marriage equality increasingly becoming a reality is that famous LGBT people will get married (and divorced) as well. Sir Elton John and Lance Bass married their partners. John had been together with David Furnish for over 20 years and the two are raising kids together. Bass married his boyfriend of three years Michael Turchin. The Bass-Turchin wedding was recorded for airing on E! Television in February 2015 as a special event: Lance Loves Michael: The Lance Bass Wedding. Most of Bass' *NSYNC's bandmates were in attendance, with the notable absence of Justin Timberlake, who is on tour.

Supreme Court Refuses To Delay Florida Marriage Equality From Going Into Effect Jan. 5

Wow! The United States Supreme Court has denied Florida's request for a stay of a federal district court judge's decision ruling that Florida's 2006 state constitutional amendment banning marriage equality violates the federal constitution. The Court said that Justices Thomas and Scalia would have granted the petition for a stay.

This is a VERY big deal, because this is the first time the High Court has let marriages go into effect as a result of a mere district court decision, when there was no precedent for marriage equality in the controlling appellate circuit of jurisdiction. Florida is in the 11th Circuit, and that appellate circuit has not ruled in favor of marriage equality (and in fact has some anti-gay decision in its not too recent past). The current legal skirmish the Supreme Court decided was about what should happen while the merits of the state's appeal get determined. Almost a year ago, in Utah's marriage equality case, the Supreme Court unanimously granted a stay putting a federal district court decision in Kitchen v Herbert on hold while the 10th Circuit was considering that appeal. In both cases the appellate circuit had refused to grant the stay while they considered the appeal and the state appealed to the Supreme Court in both cases. In the Utah case, the 10th Appellate Circuit ruled against the state on the merits on appeal. Ultimately, the Supreme Court refused to hear Utah's appeal of that loss, allowing marriage equality to go into effect in the 4th, 10th and 7th circuits. The denial of a stay in Armstrong v. Brenner (the Florida case) demonstrates how swiftly the tide has turned in favor of marriage equality, even at the Supreme Court level. 11 months ago they granted a similar petition, 9-0, on Friday they denied it 2-7.

The Washington Blade reports:

In August, U.S. District Court Judge Robert Hinkle ruled against the state’s ban on same-sex marriage, known as Amendment 2, but placed a stay on his order until 91 days passed after the appeals process was completed in the Utah, Oklahoma and Virginia marriage cases. When the U.S. Supreme Court refused to review these cases, it set for date for same-sex couples to be able to marry in Florida starting Jan. 5. 

Bondi tried to extend the stay on the same-sex marriages as she continued to defend the law in court, but her requests were by denied by the district court as well as the U.S. Eleventh Circuit Court of Appeals, which ordered the stay to be lifted “at the end of the day” on Jan. 5.  

In a statement, Bondi said Florida will acquiesce to the Supreme Court’s decision to allow the stay to expire after Jan. 5 as initially ordered by the district court. 

Hat/tip to Equality On Trial