Kaplan & Windsor For "The People's Brief"

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The Human Rights Campaign has launched an unprecedented “People’s Brief” to the U.S. Supreme Court. Roberta Kaplan, the leading civil rights litigator who won a landmark Supreme Court ruling in United States v. Windsor striking down Section 3 of the discriminatory Defense of Marriage Act in 2013, is the author and lead counsel on the brief. The historic effort, joined by Edie Windsor as first signer, gives every American a chance to share their view on marriage equality with the Supreme Court. Sign today.

The HRC says they are not harvesting the contact details of those who sign the brief.

HRC & DOMA Attorney Roberta Kaplan Launch "People's Brief" To SCOTUS

Chris Geidner reports at Buzzfeed:

Two of the biggest figures in the battle for marriage equality are joining forces to give the Supreme Court their take on the marriage cases before the justices. The Human Rights Campaign, headed since 2012 by Chad Griffin, is joining with Robbie Kaplan, who represented Edie Windsor in her challenge to DOMA, to submit an amicus curiae — or, friend of the court — brief to the justices in the marriage and marriage recognition ban cases out of Kentucky, Michigan, Ohio, and Tennessee.

Kaplan and HRC are already joined by Windsor, the first of whom HRC hopes will be thousands of people across the country signing onto what the group is calling the “People’s Brief.” HRC is launching a campaign at its site to collect signatures for the brief over the next four weeks — a viral effort aimed at a court that still lacks online filing.

“When it comes to marriage equality, the Supreme Court has heard from business leaders and elected officials, faith leaders and even the President of the United States,” HRC President Chad Griffin said in a statement. “But, until now, they’ve never heard from the fair-minded American majority who simply wants to see their LGBT friends and neighbors treated fairly and equally under the law.”

Read and sign The People's Brief here.

UPDATE: In response to an inquiry from JMG reader Str8 Grandmother, Roberta Kaplan clarified that the HRC is not harvesting or saving the contact details of those who sign the brief.

A supporting video was posted last night.

The Human Rights Campaign has launched an unprecedented “People’s Brief” to the U.S. Supreme Court. Roberta Kaplan, the leading civil rights litigator who won a landmark Supreme Court ruling in United States v. Windsor striking down Section 3 of the discriminatory Defense of Marriage Act in 2013, is the author and lead counsel on the brief. The historic effort, joined by Edie Windsor as first signer, gives every American a chance to share their view on marriage equality with the Supreme Court. Sign today at www.thepeoplesbrief.com.

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.

MISSISSIPPI: Fifth Circuit Denies Request For Same Hearing As Texas & Louisiana

The Fifth Circuit Court today agreed to have the same panel of judges hear oral arguments in the marriage cases out of Mississippi, Texas, and Louisiana. However the court refused the Campaign For Southern Equality's request to consolidate all three cases. Texas and Louisiana are scheduled to be heard on January 9th. The expedited date for the Mississippi hearing has not been announced at this writing.

UPDATE: It appears that the appellants' final reply brief is due on January 2nd. I'll update this post if we get the date for oral arguments for Mississippi.

MISSISSIPPI: Plaintiffs Ask Fifth Circuit Court For Expedited Review

The Campaign For Southern Equality and DOMA attorney Roberta Kaplan have petitioned the Fifth Circuit Court for an expedited review of the ruling that overturned Mississippi's ban on same-sex marriage. On Wednesday, Gov. Phil Bryant and state Attorney General Jim Hood appealed that ruling to the Fifth Circuit, which is already scheduled to hear oral arguments in the Texas and Louisiana cases on January 9th. The Mississippi motion requests a hearing on that date also:

The parties in Campaign for Southern Equality deserve to have their arguments heard by this Court and to have their dispute settled upon its own merits alongside De Leon and Robicheaux, rather than indirectly and by implication through other litigants from other states. Judge Reeves’ decision includes extensive discussion of the history of the Mississippi laws in question, the history of discrimination against gay men and lesbians within the State of Mississippi, and the current political climate with respect to equal rights for gay men and lesbians in the State of Mississippi. These present unique issues for this Court’s consideration, which are not present in either De Leon or Robicheaux.

The state-specific nature of Campaign for Southern Equality weighs heavily in favor of this Court addressing this case directly. Moreover, doing so would allow Mississippi’s laws to stand (or fall) on their own merits, rather than forcing Plaintiffs-Appellees to rely on other private litigants, or the State of Mississippi to rely on argument from its sister States. The inconsistency in the application of the constitutional rights at issue in De Leon, Robicheaux, and Campaign for Southern Equality strongly warrants this Court providing its reasoned guidance with respect to the laws of each state in this Circuit.

RELATED: The stay on Florida's ruling is due to expire on January 5th and state Attorney General Pam Bondi has demanded that the Eleventh Circuit Court issue an indefinite stay extension in that case while appeals proceed. That week in January promises to be quite busy.

MISSISSIPPI: State Files Notice Of Appeal

Mississippi Gov. Phil Bryant and state Attorney General Jim Hood today filed notice that they will appeal yesterday's marriage ban ruling to the Fifth Circuit Court, whose jurisdiction includes that state, Louisiana, and Texas. The Fifth Circuit is scheduled to hear oral arguments in the Texas and Louisiana cases on January 5th and it seems likely that Mississippi will be added to that day's roster. See today's filing at Equality Case Files.

Edith Windsor On Mississippi

MISSISSIPPI: County Clerks Prepare For The Legalization Of Same-Sex Marriage

Via the Clarion-Ledger:

County circuit clerks across the state of Mississippi are preparing for the possibility of potentially thousands of same-sex couples arriving at courthouses to apply for marriage licenses. If U.S. District Judge Carlton Reeves strikes down Mississippi's gay marriage ban and does not put a temporary hold on same-sex marriages, county clerks will likely be flooded with long lines and marriage license applications from same-sex couples. "This is all just very interesting," said Barbara Dunn, circuit clerk of Hinds County. "We will just have to take it all in stride and see what the judge rules, but I know that we could work with any rush on the courthouse for licenses." According to 2010 census statistics, 3,484 same-sex couples live in Mississippi, and 417 live in Hinds County. To accommodate a potential rush on the Hinds County Courthouse if Reeves does not grant a stay, Dunn said the only foreseeable major change would be wording on marriage license paperwork, which her office has the authority to change in "under two minutes."

Other clerks interviewed in the above-linked article claim that they will need up to two weeks to change their paperwork.

Mississippi Paper: Federal Judge Very Likely To Overturn Gay Marriage Ban

From the Clarion-Ledger:

If U.S. District Judge Carlton W. Reeves doesn't grant the preliminary injunction sought against Mississippi's gay marriage ban, it will surprise most of the people in his courtroom on Wednesday. Reeves grilled the state's defense of its gay marriage ban on almost every issue raised during the roughly five hours of arguments presented in a hearing for Campaign for Southern Equality v. Phil Bryant. At the same time, he appeared sympathetic to the plaintiffs who want the ban overturned. The hearing ended around 3:30 p.m. with Reeves saying he will take the matter under advisement and rule as soon as possible. He has two main decisions before him: Whether or not to grant the preliminary injunction and, if so, whether or not to issue a stay of that injunction.

Reeves is an Obama nominee and used to work for the ACLU of Mississippi. Oh my yes, the screaming will be loud. Hit the link for some great back-and-forth between Reeves and the attorney for the state.

MISSISSIPPI: Marriage Case Rests After State "Stumbles" In Anti-Gay Arguments

Via the Clarion-Ledger:

New York-based attorney Roberta Kaplan presented a rapid-fire case for her clients, which include two Mississippi same-sex couples with children: Carla Webb and Joce Pritchett; and Rebecca Bickett and Andrea Sanders. At times excusing herself for speaking too quickly, Kaplan rattled off her reasons why she believes the state's gay-marriage ban violates the constitution and her clients' rights and padded her arguments with documented case law. Kaplan's style was sharply contrasted by that of lead counsel for the state, Justin Matheny, who at times seemed to stumble through his arguments and admitted an unfamiliarity with many of the issues at hand. "When I found out I would be the one to come to court and argue this case, I had to do some research," Matheny said near the opening of his remarks, eliciting a chuckle or two from the packed courtroom.

Judge: "What is the state's rational basis that same-sex couples can't marry and its prohibition of same sex couples from adopting children when all a child wants is to be loved, and they don't care by whom?" Matheny: "Responsible procreation." Judge: "You allow people in prison to be married, and there are no more conjugal visits. Old people can marry and they can't bear children." Yeah, we've got this one.

Meanwhile In Mississippi...

DOMA attorney Roberta Kaplan and her team are making oral argument today in Mississippi's marriage equality case. Kaplan has demanded a summary judgment while the case proceeds.

MISSISSIPPI: State Files Opposition To Immediate Gay Marriage Request

At a hearing to be held tomorrow, DOMA attorney Roberta Kaplan will lead the legal team seeking to overturn Mississippi's ban on same-sex marriage. Last night Gov. Phil Bryant filed a motion in opposition to Kaplan's request that marriages commence immediately while the lawsuit proceeds. Via the Associated Press:

Bryant and Attorney General Jim Hood responded that the 5th U.S. Circuit Court of Appeals, which hears cases from Mississippi and two other states, has not recognized gays and lesbians as a group with specific civil-rights protections. Because of that, there is no reason for a federal district judge to give “heightened scrutiny” to claims of bias. “Mississippi’s traditional marriage laws do not discriminate,” Bryant and Hood said in court papers Monday. In November 2004, Mississippi voters approved a constitutional amendment defining marriage as being only between one man and one woman. A federal judge will hear arguments Wednesday as plaintiffs seek to block the state from enforcing its same-sex marriage ban while the lawsuit is pending.

From Bryant's filing:

On October 20, 2014, Plaintiffs, the Campaign for Southern Equality,Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett, and Carla Webb (collectively“the Campaign”) filed this lawsuit seeking declaratory and injunctive relief against the Governor, Attorney General (collectively “the State Defendants”), and the Hinds County Circuit Clerk and claiming Mississippi Code Section 93-1-1(2) and Article14, Section 263A of the Mississippi Constitution violate the Fourteenth Amendment of the United States Constitution. Complaint, Docket No. 1. Simultaneously, the Campaign filed its instant motion for a preliminary and immediate injunction constituting full and final relief on the merits of its claims. The Campaign’s motion should be denied for failure to satisfy the four necessary elements for preliminary injunctive relief. No substantial likelihood of success on the merits has been shown, no threat of immediate and irreparable injury has been proven, the balance of potential harms favors the defendants, and the requested preliminary injunctive relief would disserve the public’s interest.

RELATED: In a separate case, back in September the Alliance Defending Freedom filed a brief on Bryant's behalf in a same-sex divorce case before the Mississippi Supreme Court.

MISSISSIPPI: Marriage Case Is This Week

Via the Campaign for Southern Equality:

A federal challenge to Mississippi’s law banning same-sex marriage (Campaign for Southern Equality v. Bryant) was filed on October 20 in the Southern District of Mississippi on behalf of two same-sex couples, – Andrea Sanders and Rebecca Bickett, and Jocelyn Pritchett and Carla Webb – and the Campaign for Southern Equality. A hearing on the motion for preliminary injunction has been set in the case. At 9 a.m. on November 12, both sides in the case will gather in federal court in Jackson, Mississippi before U.S. District Court Judge Carlton W. Reeves. “By setting the schedule that it did, the Court clearly appreciated the need for expedition on issues of such great constitutional and practical import,” says lead counsel Roberta Kaplan.

Read more about the case.

MISSISSIPPI: Court Sets Rapid Schedule For Marriage Equality Hearing

This is the suit filed just Monday by some of Edith Windsor's legal team. (Others on the DOMA case were the ACLU and NYCLU.)

MISSISSIPPI: Edith Windsor's Legal Team Files New Marriage Equality Lawsuit

From the Campaign For Southern Equality:

“As the lawyers who represented Edie Windsor, we are so honored to be able to file this case today on behalf of Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett, Carla Webb, and the Campaign for Southern Equality. The Supreme Court took a gigantic step forward last year in Windsor, and since then, dozens of courts around the country have followed suit so that today, gay people in thirty-two states have the right to marry. It is now time to take the next big step by making sure that gay families in Mississippi are accorded these same protections. The Supreme Court has made it clear that no matter where a gay person lives —whether it is in Maine, Minnesota, or Mississippi—our Constitution requires that they be treated with the same dignity and respect under the law as everyone else,” says lead counsel Roberta Kaplan.

View the lawsuit. Last year a lawsuit was filed on behalf of a Mississippi woman seeking to have her out-of-state marriage recognized for the purpose of divorce. Today's suit is the first to seek an outright overturn of Mississippi's ban on same-sex marriage. Mississippi is part of the Fifth Circuit Court, which has yet to rule on the appeal out of Texas.

OHIO: ACLU Opposes Intervention Of DOMA Attorney Roberta Kaplan

The ACLU has filed an opposition brief to DOMA attorney Roberta Kaplan's request to join the marriage suit against the state of Ohio. Chris Johnson reports at the Washington Blade:

“Plaintiffs-Appellees have the utmost respect for Equality Ohio and the four unmarried couples and their counsel and the important interests they represent,” the brief states. “However, Plaintiffs-Appellees should be entitled to continue to litigate the case that they initiated in July of last year without the disruption and prejudice that would flow from new claims and parties at this late stage.” The ACLU contends Kaplan, who wanted to enter the case to argue that heightened scrutiny protection is warranted on the basis of sexual orientation, is making a claim that plaintiffs say they’ve already asserted. But the ACLU also objects to the new claims presented by Kaplan on the basis that they “have not been addressed by the parties or decided by the District Court.” Further, the ACLU takes issue with the timing of her request to intervene in the case, which was made late last month.

The ACLU's suit seeks recognition of out-of-state marriages on death certificates issued by the state.

Out Issues Power 50 Ranking

Out Magazine today published its eighth annual ranking of the 50 most powerful LGBT people in the United States.  Here's a bit of the list.

1. Ellen DeGeneres
2. Tim Cook
3. Rachel Maddow
4. Sen. Tammy Baldwin
5. Glenn Greenwald
6. Ryan Murphy
7. Neil Patrick Harris
8. Andy Cohen
9. Michael Sam
10. Robin Roberts

Homocon billionaire Peter Thiel is #13. Former RNC chairman Ken Mehlman is #18. Andrew Sullivan is #26. New to the list is DOMA attorney Roberta Kaplan at #47. Curiously missing from this year's ranking is closeted homocon blogger Matt Drudge, who ranked at #21 last year and at #16 in 2012. Since there's no obvious reason for Drudge to completely fall off the list in one year, I wouldn't be surprised if somebody got a cease-and-desist letter.