15 AGs To Supreme Court: Same-Sex Marriage Will Cause Incalculable Damage

The attorneys general of fifteen states have filed an amicus brief with the Supreme Court in which they predictably argue that a ruling in favor of same-sex marriage will "irretrievably" destroy their right to self-government. From the brief: 

The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the "formation of consensus" at the state level. To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.

While the brief cites Loving several times and acknowledges that there are "constitutional guarantees" on the equal application of marriage laws, somehow those guarantees do not apply to LGBT Americans.

Headline Of The Day

Photo caption: "Father Gordon Blue sprinkles holy water on Executive Director Mariya Lovishchuk, left, and Jon Pollard in her office during a Rededication Service of the Glory Hole Shelter on Wednesday." (Via Friendly Atheist)

ALASKA: AG Craig Richards To Suspend Marriage Appeal Until SCOTUS Rules

"The Supreme Court announced today that it granted certiorari to four same-sex marriage cases. The court’s order makes it clear that it will address the same issues that are at the heart of the Alaska same-sex marriage case, which is on appeal before the 9th Circuit Court of Appeals. It is anticipated that the numerous ongoing cases across the country addressing these important issues, including Hamby v. Parnell, will be stayed pending a decision by the Supreme Court. I will ask the 9th Circuit to similarly stay Alaska’s case until the Supreme Court issues its decision." - Alaska Attorney General Craig Richards, in a statement issued last night. The Ninth Circuit denied Alaska's appeal for an en banc review back in November, so I'm not clear on how this appeal is still active. Readers? (Tipped by JMG reader Christopher)

Ninth Circuit Court To Alaska: Get Lost

Via the Fairbanks Daily New-Miner:

The 9th U.S. Circuit Court of Appeals has rejected Alaska's request that an 11-judge panel review a decision overturning the state's ban on same-sex marriage. Now, gay and lesbian couples will continue to be allowed to wed in Alaska unless the state wins before a three-judge panel at the 9th Circuit Court of Appeals — which has already ruled against other states’ bans on same-sex marriage — or successfully appeals to the U.S. Supreme Court. Meanwhile, Gov.-elect Bill Walker said Thursday he plans to evaluate the case to see whether his administration will continue to defend the ban, indicating a shifting stance from before the election, when he called the current administration’s defense an “unwise” use of state money. On Tuesday, a deadline passed without action by the 9th Circuit: None of the 29 judges on the court, which oversees Alaska and eight other states, had asked for a vote to hear Alaska’s appeal under what is called an “en banc” review before an 11-judge panel. That meant the state's request was denied, though the appeal remains alive.

So far Alaska has spent over $100K defending its ban on same-sex marriage. If the plaintiffs are awarded their legal fees, that amount could go higher than $350K.

ALASKA: Independent Bll Walker Defeats Incumbent GOP Gov. Sean Parnell

Alaska's gubernatorial race has finally been called.

Bill Walker [above right], an attorney and former mayor of Valdez, is the first candidate unaffiliated with a party to be elected governor since statehood. Walker's mentor, Wally Hickel, served a term as governor with the Alaskan Independence Party, a recognized third-party in the state, before going back to the GOP. Walker, who finished second to Parnell in the 2010 GOP gubernatorial primary, bypassed this year's primary by gathering signatures to support an outside run. But Walker didn't change his party affiliation from Republican to undeclared until forming a "unity ticket" on the November ballot with Democrat Byron Mallott as the candidate for lieutenant governor. Mallott won the Democratic nomination for governor in August, but a Walker-Mallott ticket was seen as more competitive to Parnell, who ran with Anchorage Mayor Dan Sullivan, a fellow Republican. Walker and Mallott joined forces in early September at the urging of labor interests and others.

Walker was endorsed by Sarah Palin even though Parnell was her lieutenant governor.

ALASKA: Another Dem Senate Loss

Via the Wall Street Journal:

Republican Dan Sullivan was declared the winner of Alaska’s Senate race early Wednesday morning, a week after voting ended, as the Associated Press said he held an insurmountable lead over one-term Democratic Sen. Mark Begich. Mr. Sullivan's win brings the Republican majority in the next Senate to 53 seats, with one race, in Louisiana, still to be settled in a runoff. Mr. Begich’s campaign was doomed after he failed to make up significant ground Tuesday as Alaska elections officials counted about 20,000 ballots cast by absentee voters, provisional and early voters. The Democrat cut into Mr. Sullivan’s Election Day advantage by only 238 votes in Tuesday’s count, not enough to significantly diminish his 8,100-vote lead. The Associated Press called the race shortly before 3 a.m. Eastern Time. With about 30,000 votes still to be counted, Mr. Sullivan leads by 7,991 votes out of 244,998 cast. Mr. Begich would have to win more than 62% of the remaining uncounted votes to draw even.

ALASKA: Palin Endorses Independent Opponent Of GOP Gov. Sean Parnell

Parnell (above left) was lieutenant governor under Palin. From the National Journal:

Palin rebuked her Republican successor in her home state, endorsing independent gubernatorial candidate Bill Walker, who is running on a "unity ticket" with Democratic running mate Byron Mallott, instead. Palin's endorsement goes against her former lieutenant governor, Gov. Sean Parnell, who assumed office in 2009 when Palin abruptly resigned and is embroiled in a highly contested race for reelection to a second full term. Palin offered the endorsement at a campaign reception in her Wasilla home, according to a press release issued by Walker. Parnell's 2013 restructuring of the state's oil and gas taxes dismantled a prior, Palin-championed program that she considered to be one of the greatest achievements of her tenure. That difference of opinion is at the heart of Palin's conflict with Parnell, which resulted in the two campaigning on opposite sides of a ballot measure in this year's primary.

Like Parnell, Walker opposes same-sex marriage.

Independent candidate Bill Walker says he treats people with kindness, dignity and respect but says his "Christian beliefs" are that marriage is between a man and a woman. He said that's keeping with Alaska's constitution, which a governor is sworn to uphold. If the constitution changes, he would uphold the amended constitution.

The Parnell/Walker race is presently considered a toss-up.

UPDATE: JMG reader Christopher points us to this.

Walker, an attorney, responded later Sunday with criticism of the state's decision to appeal the ruling. A recent ruling from the Ninth U.S. Circuit Court of Appeals -- which includes Alaska in its jurisdiction -- said bans on same-sex marriage violate the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution. Such higher court rulings make the probability of a successful appeal when similar bans have already been overturned in other states unlikely. Walker said he personally viewed marriage as existing between a man and a woman, but added that if he were governor, he would "uphold the laws of the land." "Despite my personal views on marriage, with the state's dire financial crisis, pursuing expensive litigation that has little chance of victory is an unwise use of our dwindling resources."

ALASKA: Gov. Sean Parnell Files En Banc Marriage Ruling Request With Ninth Circuit

Last night Alaska Gov. Sean Parnell filed an en banc marriage ruling request with the Ninth Circuit Court. Two days ago Idaho Gov. Butch Otter did the same. From Parnell's filing:

Compelled by Latta v. Otter, (9th Cir. Oct. 7, 2014), the district court ruled that the Fourteenth Amendment requires Alaska to license and recognize same-sex marriages, contrary to its Constitution and laws. But Latta’s imposition of heightened scrutiny on state marriage laws places this circuit “on the short end of a 10-2 split,” and contradicts the Supreme Court’s Windsor decision. SmithKline Beecham Corp. v. Abbott Labs.,  (9th Cir. 2014) (O’Scannlain, J., dissenting). Absent en banc hearing, Alaska’s appeal will be controlled by Latta, which effectively guarantees the invalidity of all man-woman marriage laws in this circuit. Resolution of an issue of that magnitude deserves the Court’s plenary consideration. Otherwise, Alaska’s citizens will be stripped of any ability to vindicate their “historic and essential authority to define the marital relation,” United States v. Windsor, (2013).

And on and on it goes.

Cops Release Palin Family Brawl Report

From Talking Points Memo:

Amid the crackle and chaos of audio released by the Anchorage Police Department on Tuesday, an unmistakable voice could be heard. "Did you find your necklace?" the woman could be heard saying. "Track, that is such a God thing. See?" The voice almost certainly belonged to former GOP vice presidential nominee Sarah Palin. The audio was released as part of hours of recordings made by Anchorage cops in the aftermath of an alcohol-fueled brawl at a house party in the city in September. The recordings were released along with photos from the scene, and they documented the surreal situation police were faced with when they rolled up to the party. People were scattering and the Palin family was hovering around a stretch Hummer limousine they had brought with them that night. Previously, eyewitnesses had largely blamed the Palins for the brawls, and police documented their findings in reports. But ultimately, prosecutors decided to bring no charges.

The above-linked piece includes transcripts of the audio and links to photos taken in the aftermath. Below is an audio excerpt starring Bristol Palin.

ALASKA: Marriage Suit Plaintiffs Marry

Last week two couples married in Alaska after clerks waived the three-day waiting period and before the Ninth Circuit issued a temporary stay. Of the six couples named in the Alaska lawsuit, five were married in other states. Only one couple was unmarried. Until today.

Stephanie Pearson and Courtney Lamb exchanged vows outside the Frontier Building Monday morning in Anchorage. The wedding came moments after the couple picked up their wedding license. Monday is the first day same-sex couples could get their licenses following the Oct. 12 overturn of Alaska’s ban on same-sex marriage, which was approved by voters in 1998. The licenses had been on hold while the state appeals the ruling. The U.S. Supreme Court declined to get involved Friday, which cleared the way for marriage licenses to be issued. “Quite the emotional roller coaster it’s been,” said Lamb, smiling from ear to ear. “But very worth it in the end. Today is a great day.”

Photo by JMG reader Christopher.

Matt Baume: Marriage News Watch

Clip recap: "We just picked up more states with the freedom to marry, and the number could continue increasing over the course of this week. But in several states, officials are blocking the start of marriage despite courts ruling against their bans. We'll have the details on how couples are fighting back. Plus, more bad news for the National Organization for Marriage. This time it's a ruling in Virginia that means they'll lose out on over half a million dollars."

Alaska Rejoins The Sapphire States

Sapphire is much gayer than royal blue, doncha think?

SCOTUS Denies Alaska Stay Demand

And that makes state #31! Via Equality Case Files.

ALASKA: What Will Happen Today?

On Wednesday the Ninth Circuit Court Of Appeals issued a temporary stay on marriages in Alaska, which were to have begun yesterday. Alaska Gov. Sean Parnell yesterday filed an emergency stay request with SCOTUS. The Ninth Circuit's stay automatically dissolves at noon, Pacific time. If SCOTUS does nothing or denies the stay request, marriages can commence this afternoon. At least, that's where things appear to stand at this writing. At least two Alaska couples have already married due to clerks waiving the three-day waiting period.

UPDATE: JMG reader Baltimatt points out that today is Alaska Day, a state holiday. With government offices closed, it could be that gay couples will be out of luck today even if the stay ends. Alaska Day marks the 1867 anniversary of Alaska leaving Russia.

ALASKA: Gov. Sean Parnell Files Gay Marriage Stay Request With SCOTUS

From the filing:

Should the Ninth Circuit decline to grant en banc hearing to reconsider Latta, then Alaska would have strong grounds to seek certiorari before judgment from this Court. 28 U.S.C. § 1254(1). By the time that petitioners’ en banc petition will have been decided by the Ninth Circuit, there is a reasonable likelihood that there will be a clear post-Windsor circuit split over whether the Fourteenth Amendment requires States to license and recognize same-sex marriages. There was no such post-Windsor split when this Court recently denied review in five cases presenting that question, but such a split is likely to develop in the coming months. On August 6, 2014, the Sixth Circuit heard argument on that question in cases from Michigan, Ohio, Tennessee, and Kentucky, and could soon issue a decision creating a split with the Tenth, Fourth, Seventh, and Ninth Circuits. Additionally the Fifth Circuit will soon hear argument in cases from Louisiana and Texas addressing the same issue and could easily issue a decision by year’s end.

Read the full filing at Equality Case Files.

ALASKA: Ninth Circuit Court Issues Temporary Stay On Same-Sex Marriages Pending State's Appeal To SCOTUS

Marriages were to begin tomorrow morning. Ruling.

Local Haters Have The Alaska Sadz

"Apparently, [Judge] Burgess agrees with one of the lawyers for the plaintiffs suing the State who said that marriage is a 'changing institution.' Changing exactly into what is the most frightening aspect of this ruling. Under what logical rationale would the Courts now deny other 'evolving' forms of marriage? Three wives for one husband? Marrying your aunt or niece or brother? Group marriage involving any number of couples and individuals with various sexual orientations? Once you eliminate sexual complementarity from the marriage equation, is there any reason to keep other cornerstones we've all taken for granted for generations including exclusivity, permanence and monogamy? There can be no doubt that this was a subversion of the democratic process. Who is the true owner of our state constitution? Is it the people of Alaska or unelected men and women who happen to wear black robes? If it's the latter, then the idea that we live in a representative democracy is nothing more than wishful thinking. Despite our disappointment with the Burgess ruling, Christ is still on the throne." - Jim Minnery, head of Alaska Family Action.

PREVIOUSLY ON JMG:  In 2012 a coalition of Christian churches that included Minnery's group was busted for encouraging Anchorage voters to register and vote on the same day in order to thwart a proposed LGBT rights ordinance. Voter registration in Anchorage closes 30 days before voting day and the local municipal clerk declared that she believed voters from outside Anchorage "crashed" the polls, causing ballot shortages at multiple polling places. The ACLU called on the state legislature to appoint a special counsel to investigate, but the GOP-dominated Assembly voted against taking action. The bill failed due to this dirty trick and the usual anti-trans men-in-dresses bathroom scare tactics, with the Liberty Counsel declaring the bill's failure to be a "stunning victory." Minnery is the cousin of Focus On The Family hater Tom Minnery, who campaigned in support of a failed Colorado bill to legalize anti-gay discrimination.

Tony Perkins Has The Alaska Sadz

"In Alaska, where the courts couldn't wait until Monday to topple the first constitutional marriage amendment in America, the state filed an appeal first thing in the morning -- as well as an emergency stay to put any weddings on ice. Thanks to rogue judges, a few ceremonies did take place in the Last Frontier, courtesy of activists who conveniently waived the three-day waiting period for marriage licenses. Based on the state's filing, Alaska is prepared to fight the ruling to the bitter end -- a sentiment shared by plenty in the 'lower 48.' Instead of subduing the opposition, these decisions are inflaming it. Voters and state officials are increasingly irate at watching their laws swatted away like legal nuisances." - Hate group leader Tony Perkins, via press release.

ALASKA: Federal Court Denies State's Demand For Marriage Stay Pending AppealUPDATE: State Asks Ninth Circuit For Emergency Stay Pending Appeal

Yesterday Alaska Gov. Sean Parnell asked a federal district court to stop same-sex marriages while he appeals to the Ninth Circuit Court. Tonight the lower court told Parnell to suck it. The final briefs in the appeal are due before the Ninth on February 20th. We can probably expect Parnell to now ask the Ninth for a stay. Same-sex marriage became legal yesterday in Alaska and at least two couples have married after clerks waived the three-day waiting period. Many more marriages should take place on Thursday.

UPDATE: Well, what you know. Parnell has ALREADY run to the Ninth Circuit and demanded a stay pending his demand for an en banc rehearing.

MOTION FOR STAY: State Defendants seek a stay of the District Court's decision and injunction order finding certain Alaska laws regarding marriage to be unconstitutional under the Fourteenth Amendment. Because of the exceptional importance of this matter, the State Defendants filed an immediate appeal and intend to petition for initial en banc hearing. A stay should be issued because: (a) there is a reasonable likelihood this Circuit will rehear Latta v. Otter en banc, the decision of which the district Court relied upon heavily in its application of heightened scrutiny to Alaska’s marriage laws; (b) there is a reasonable likelihood that a circuit split will develop in the very near future, leading to review by the Supreme Court of the important issue of whether state traditional marriage laws violate the Constitution. For these reasons, the law on which the district court grounded its opinion could continue to be in rapid flux over the next several months, and thus the Court should stay its decision to avoid chaos in the administration of Alaska's marriage laws pending ultimate resolution of this fundamental issue.

Read the Ninth Circuit stay demand at the above link via Equality Case Files.

ALASKA: State Has Until January 21st To File Appeal Briefs With Ninth Circuit

The Ninth Circuit Court of Appeals today set the briefing schedule in Alaska's doomed to attempt to stop same-sex marriages, which will continue despite the efforts of the GOP governor and attorney general. The state's final briefs are due on January 21st and the good guys then have 30 days to file their final response.