TEXAS: Fifth Circuit Court Of Appeals Slaps Down State's Voter ID Law

The Dallas Morning News reports:

The Fifth Circuit Court of Appeals ruled Wednesday that Texas’ voter ID law violates the Voting Rights Act — but it also said the law is not a “poll tax.” In an unanimous decision, a three-judge panel ruled that the controversial and Republican-backed measure violated Section 2 of the landmark civil rights law. The law has been part of a complicated legal battle for years. But the victory was narrow win for opponents of the law. The judges also rejected a previous judge’s ruling that the law was passed with the intent to discriminate. The Fifth Circuit sent that portion of the lawsuit back to a U.S. district court. The court wrote that, if the lower court finds in its review of the case that the voter ID Law only violates Section 2 of the Voting Rights Act, it should find a solution that can still reduce the risk of in-person voter fraud and satisfy the legislative intent of the voter ID law.

The state is likely to request review before the full Fifth Circuit or appeal directly to SCOTUS.

LOUSIANA: Bobby Jindal Blocks State Recognition Of Same-Sex Marriage

SCOTUS has ruled, the Fifth Circuit has ruled, but Bobby Jindal just doesn't care.

Gov. Bobby Jindal delayed -- for the second time -- the recognition of same-sex marriage by the Louisiana state government on Wednesday evening. The governor refused to let Louisiana agencies acknowledge same-sex marriage following a U.S. Supreme Court ruling last Friday. At the time, he said he was waiting for a lower appeals court to affirm the U.S. Supreme Court's decision, before moving forward with same-sex marriage recognition in Louisiana. But now that the lower appeals court confirmed Louisiana's same-sex marriage ban has been overturned, Jindal has decided Louisiana same-sex couples need to wait for yet another court's decision. "Our agencies will follow the Louisiana Constitution until the District Court orders us otherwise," said Mike Reed, Jindal's spokesman in the governor's office.

In its opinion released Wednesday evening, the 5th U.S. Circuit Court of Appeals made it clear that Louisiana's same-sex marriage ban no longer applies, though it technically sent a same-sex marriage case back to a U.S. District court for reversal. Jindal is saying the state government won't recognize same-sex marriage until the District Court issues its own decision. The appeals court gave the district court until until July 17 to make a new ruling, though it has encouraged the district court to do so earlier. One of the plaintiffs in the case, Robert Welles, is in declining health. "I wait every day for a phone call," said the 52-year-old Welles. "The way I see it, we started this thing in New Orleans, and we want to finish it in New Orleans." But Kyle Duncan, a lawyer working for Louisiana and the Jindal administration, said it makes sense for state agencies to wait to recognize same-sex marriage until the district court ruling. "The court made it crystal clear," he said. "It's when the district court renders final judgment."

You'd almost think that Jindal is hoping that the plaintiff will die before his marriage is recognized.

Fifth Circuit Court: Obergefell Is Now The Law Of The Land, Don't Take It Lightly

The Fifth Circuit Court has finally issued its long-postponed ruling on the cases out of Texas, Louisiana, and Mississippi. Will this drag the still-resisting counties into the light? Don't count on it.

TEXAS: AG Sues Feds To Stop Medical Leave For Married Same-Sex Couples

The Dallas Morning News reports:

Attorney General Ken Paxton sued the U.S. Department of Labor on Wednesday over a proposal to extend family leave benefits to same-sex married couples. Under the proposed federal rule to take effect March 27, the definition of “spouse” would be revised to include gay partners who were married in a state that recognizes same-sex unions. The new rule would direct state agencies to grant family and medical leave benefits to all such couples. Paxton said the Texas constitution holds that such unions cannot be recognized and therefore he is advising state agencies to follow state law and not the federal rule. “This lawsuit is about defending the sovereignty of our state, and we will continue to protect Texas from the unlawful overreach of the federal government,” Paxton said. The issue involves the Family Medical and Leave Act, which provides employers must allow unpaid time off for workers to tend to certain qualified family emergencies. “Texans have clearly defined the institution of marriage in our state, and attempts by the Obama Administration to disregard the will of our citizens through the use of new federal rules is unconstitutional and an affront to the foundations of federalism,” Paxton said.

We're still waiting for the Fifth Circuit Court to rule on the marriage cases out of Texas, Mississippi, and Louisiana. Oral arguments were heard back in January and most observers have predicted a 2-1 split in favor of the good guys.

TEXAS: Plaintiffs Ask Fifth Circuit Court To Lift Stay On Same-Sex Marriages

John Wright reports at the Texas Observer:

Attorneys for two gay couples are asking a federal appeals court to allow same-sex marriages to begin in Texas immediately. In a motion filed Thursday, attorneys for the couples asked the 5th U.S. Circuit Court of Appeals to lift a district judge’s stay of his 2014 decision striking down Texas’ marriage ban. If the 5th Circuit agrees to lift the stay, it would clear the way for same-sex marriages to begin in Texas. If the 5th Circuit doesn’t lift the stay for all same-sex couples, the motion asks that it be lifted for the limited purpose of establishing the parental rights of plaintiff Cleopatra DeLeon, whose wife, Nicole Dimetman, is expecting a child in March. The motion cites the U.S. Supreme Court’s refusal to halt same-sex marriages in both Alabama and Florida, after federal district judges struck down bans in those states.

Yesterday's motion will be considered by the same Fifth Circuit three-judge panel that heard oral arguments in the Texas, Mississippi, and Louisiana cases last month. Most observers at the courthouse that day have predicted a 2-1 split in favor of the plaintiffs in all three cases.

Texas Hater Jonathan Saenz: We're Going To Win At The Fifth Circuit Court

Yesterday Texas Values head Jonathan Saenz appeared on the Family Research Council's radio show to express optimism that the Fifth Circuit Court of Appeals will uphold the ban on same-sex marriage in his home state. Saenz goes on to denounce the "disrespectful lack of decorum" during Friday's oral arguments when his side presented their ridiculous claims. "This issue is not a laughing matter!"

SCOTUS Rejects Louisiana Case

The Louisiana case was just heard on Friday by the Fifth Circuit Court. SCOTUS meets in conference again on this Friday, after which we might hear their decisions on the four appeals out of the Sixth Circuit.

UPDATE: SCOTUSblog reports on today's action.

The Supreme Court, returning from its winter recess, decided on Monday not to take on a same-sex marriage case that remains under review in a federal appeals court, but otherwise took no action on that constitutional controversy. The Court made no comment as it turned own a plea by same-sex couples in Louisiana to review that state’s ban, which had been upheld by a federal trial judge in New Orleans (Robincheaux v. George). The Court may indicate later in the day when it may next consider four same-sex marriage cases from the U.S. Court of Appeals for the Sixth Circuit.

UPDATE II: The Sixth Circuit cases have been re-listed for consideration during the SCOTUS conference on Friday.

Matt Baume: Marriage News Watch

Clip recap: "It's been a huge week for marriage equality. Florida became the 36th state with the freedom to marry, judges in three southern states heard oral arguments, and the Supreme Court considered cases from five states. Plus a lawmaker in Texas is wasting everyone's time with a new anti-gay law that would make life difficult for everyone."

Texas Hater Predicts Win At Fifth Circuit

"The tradition, until recently, had been adopted by all governments and major religions of the world. That's how settled the issue of marriage has been in our country and in our world. And in Texas we dealt with this issue before and settled it at the polls the way it should, when voters voted 76 percent in 2005. It's really a shame that all of that legitimate work could be undone by the stroke of a pen of a few federal court judges, but I think that a lot of people and a lot of legal experts believe and agree that the federal Fifth Circuit Court of Appeals will rule in favor of state marriage laws. That will be for Texas, that will be for Louisiana and Mississippi, and that will be a significant turning point in the debate and the discussion on this issue."  - Texas Values head Jonathan Saenz, speaking to OneNewsNow.

Chris Geidner On Fifth Circuit Court

Buzzfeed reporter Chris Geidner recaps today's action:

After three hours of arguments, the 5th Circuit Court of Appeals appeared poised to strike down bans on same-sex couples’ marriages in Louisiana, Mississippi, and Texas — joining all but one of the other appellate courts to consider that matter. More than halfway through the morning’s arguments, an exasperated Justin Matheny, the assistant attorney general in Mississippi charged with defending the state’s ban, tried to change his tune during his rebuttal arguments.

It being clear that the three-judge panel was leaning against upholding the bans, Matheny told the judges that although the “trajectory” on marriage rights for same-sex couples is “undeniable,” he argued that “it’s not there yet.” Judge Patrick Higginbotham, born in Alabama almost eight decades ago and appointed to the appeals court by President Reagan more than three decades ago, spoke up. And though the older judge was hard to hear at times, he spoke up and spoke clearly when he responded to Matheny: “Those words, ‘Will Mississippi change its mind?’ have resonated in these halls before.”

Hit the link and read the rest.

LISTEN: Oral Arguments At Fifth Circuit

Today's oral arguments in the marriage equality case out of Louisiana have been posted. Listen and give us your analysis. Recordings of the arguments in the cases out of Mississippi and Texas should be posted here soon. NOTE: That site is getting hit with heavy traffic.

First Reactions From Fifth Circuit Court: Judges Appear Poised For Pro-Gay Ruling

Meet Two Of The Louisiana Plaintiffs

From the New Orleans Times-Picayune:

On a recent trip to the roller derby, Nicholas Van Sickels and Andrew Bond were laden with 30 pounds of toddler and 20 pounds of gear. Their provisions for the two-hour outing are familiar to Louisiana parents preparing for standard emergencies when leaving the house with a 2-year-old: diapers and changing supplies; baggies of snacks; juice. Then there are extra items that same-sex parents in Louisiana need to bring along whenever they leave the house: birth and adoptions records and other legal paperwork that shows that both Van Sickels and Bond are parents to their daughter.

"When we go to the beach it's in the glove box," Bond said in a recent interview at the family's home in Mid-City. "It's one more thing to think about: Do you have it with you? And if you forget, it's scary, though I admit, we've never had to get it out." Van Sickels and Bond married in 2012 in Washington, D.C., after nearly 10 years as a couple, in part because they wanted to adopt a child. Louisiana allows single people or married people to adopt children. But because Louisiana does not recognize same-sex marriage, only one parent can be listed on birth certificates or adoption records. Gay couples like Van Sickels and Bond can't adopt jointly.

The Fifth Circuit Court will hear their appeal today as well as the appeals out of Texas and Mississippi. Their case is also among those under consideration by the US Supreme Court today.

Plaintiffs Arrive At Fifth Circuit Court

Follow the action on Twitter at #5thCircuit. Oral arguments begin at 10AM eastern time.

Tomorrow: Another Big Day For Marriage

Tomorrow the Fifth Circuit Court of Appeals will hear oral arguments in the cases out of Texas, Louisiana, and Mississippi. Lots of LGBT journos will be there in New Orleans, including Kathleen Perrin of Equality Case Files. Things kick off at 9AM local time and I'll be posting live tweets from the reporters as well as any audio and video that is available.

Also tomorrow the US Supreme Court will meet in conference to consider taking which, if any, of the same-sex marriage appeals currently before them. The five cases they could select are the Louisiana case and the appeals out of the Sixth Circuit Court: Michigan, Ohio, Kentucky, and Tennessee. Should any of these cases be chosen, a decision would likely come by June.

UPDATE: Equality Case Files breaks down tomorrow's action in New Orleans.

Arguments will be before a three judge panel consisting of Reagan appointees Patrick E. Higginbotham and Jerrry E. Smith and Obama appointee James E. Graves. Each side in each of the three cases will be allocated 30 minutes, for a total of approximately 3 hours of arguments. Arguments are due to start at 9 am CT and should conclude sometime after noon (allowing for breaks in between each case). The Court will post recordings of the arguments at its website "within one hour of he conclusion of the last argument." Those should be available here. We'll post direct links to the arguments when they become available.

NCLR Celebrates Miami-Dade County

"This is a pivotal moment not just for Miami but for the entire country. Florida is a bellwether state, and I can think of no more encouraging sign as the US Supreme Court prepares to decide whether to resolve this issue for the entire country at its next conference on January 9, and as the Fifth Circuit Court of Appeals hears oral arguments in the Texas, Mississippi, and Louisiana marriage cases the same day. This is an incredibly important week for marriage equality, and we are so thrilled that Miami couples are leading the charge." - Shannon Minter, legal director for NCLR, who represented the Miami couples.

TEXAS: Federal Court Denies Request To Lift Stay On Same-Sex Marriages

A federal district court today declined the request to lift the stay on same-sex marriages in Texas while an appeal is being considered by the Fifth Circuit Court. Oral arguments in the Texas, Louisiana, and Mississippi marriage cases will be heard by the Fifth Circuit on January 9th. Read today's ruling at Equality Case Files.

Matt Baume: Marriage News Watch

Clip recap: "Marriage could be coming to Florida sooner than we expected. Plus, after last week's big win, the Mississippi lawsuit is now on the fast track to an appeal. And Kansas just lost their latest attempt to hold back the start of marriage."

Tony Perkins Has The Mississippi Gladz

"Not everyone is taking the courts’ stampede to same-sex 'marriage' sitting down. In Mississippi, leaders won a moral victory from the Fifth Circuit Court of Appeals -- which put the redefinition of marriage on ice, at least temporarily. Judges said they want to avoid the 'extreme confusion, uncertainty, and chaos' that is wreaking havoc on states like Utah, where couples can 'marry' while litigation is ongoing. Unlike other states, where irresponsible judges have given the green light to gay licenses, the federal appeals court froze the lower court’s ruling, giving local conservatives a chance to catch their breath. But that doesn’t mean they’re slowing down. Governor Phil Bryant (R) and Attorney General Jim Hood -- who have been outspoken defenders of marriage -- are committed to going to bat for the voters’ will, which was expressed by an amendment to the state constitution 10 years ago." - Hate group leader Tony Perkins, via press release.

MISSISSIPPI: Fifth Circuit Sets 1/9 Date For Oral Arguments In Marriage Appeal

Yesterday the Fifth Circuit declined to consolidate the Mississippi case with the cases out of Louisiana and Texas, but today the court did schedule Mississippi to be heard on the same day as the other two. Also yesterday the Fifth Circuit granted Mississippi Gov. Phil Bryant an indefinite stay extension while the appeal is being considered. A lower court's stay would have expired next week.