Jim Obergefell To GOP Presidential Candidates: Defend Same-Sex Marriage

SOUTH CAROLINA: AG Alan Wilson Fights Demand For Legal Fees Over Marriage

Via the Associated Press:

South Carolina’s chief prosecutor says the state shouldn’t have to pay legal fees for a couple who challenged the state’s gay marriage ban. Attorney General Alan Wilson says in papers filed Wednesday he was merely defending the law of the land as it stood before the U.S. Supreme Court issued its ruling on gay marriage in late June. Attorneys for Colleen Condon and her partner Nichols Bleckley sued last year to get a marriage license. They have asked to be reimbursed $153,000 in legal costs.

A second couple is also asking to be reimbursed $92K.

Quote Of The Day - Paul Hard

"Four years ago, this journey began in grief and pain. I am grateful that the courts have ruled that it will end in justice and equality for couples like David and me. I pray that equality for LGBT Americans continues and need not be won at the cost of sorrow and turmoil. I hope that this decision marks a new day for Alabamians and others in the public’s recognition of my marriage and a love that is equal to any other." - Paul Hard (above right with his late husband), who last week finally won his legal battle against his evil former mother-in-law.

Hard was represented by the SPLC, who announced the closure of the case today. Here's how it all started:

Hard, an assistant professor at a Montgomery area university, and Fancher were married in May 2011 in Massachusetts. Fancher was killed three months later when his car collided with a large truck on Alabama’s Interstate 65. Hard sued the trucking companies in a separate case not filed by the SPLC, and that suit was settled in July 2014. On the morning of the accident, when Hard arrived at the hospital in Prattville, Alabama, a receptionist refused to give him any information about his husband. He was told he was not a member of Fancher’s “family” and that gay marriages weren’t recognized in Alabama. Finally, a hospital orderly told Hard, “Well, he’s dead.” After receiving the traumatic news, a funeral home director cited Alabama law in insisting that the death certificate indicate Fancher was never married – even though Fancher and Hard were legally married in Massachusetts. Likewise, the state would not recognize Hard as the surviving spouse. Fancher’s mother, Pat Fancher, sought to be the sole beneficiary of the wrongful death suit proceeds, even though Hard was due a portion as the surviving spouse.

The mother-in-law was represented by the Foundation For Moral Law, which was founded by Alabama Supreme Court Chief Justice Roy Moore after he was first booted from the bench. Since Moore's reelection the group has been headed by Moore's wife, Kayla Moore. The SPLC has filed unrelated judicial ethics complaints against Roy Moore for his calls to defy the US Supreme Court's Obergefell ruling.

Matt Baume On Marriage History

AUSTRALIA: New Anti-Gay Group Unveils Titanic-Themed Marriage Campaign

SBS reports:

Backed by wealthy businessmen, The Marriage Alliance says it hopes its media campaign will encourage Australians to feel comfortable voicing their concerns about same sex marriage. The ad was unveiled at a launch today along with the campaign slogan "there's more to it than you think". The ad starts with a simple drawing that later becomes the tip of an iceberg. “Trying to achieve something big can feel like climbing a mountain,” it states. “It's time to step back and consider all the issues around same sex marriage. Like how it will affect children or sex education in schools or what rights you could lose.” Ivan Hinton-Teoh the deputy director of Australian Marriage Equality which is in favour of same sex marriage described the ad as a last minute scare campaign. “This kind of desperate, eleventh hour scaremongering has failed to stop the momentum for marriage equality in other countries and it will fail in Australia as well," he said. “It's asking to have a conversation start where we've been going for ten years."

(Tipped by JMG reader Damian)

TEXAS: State Refuses To Issue Death Certificates Recognizing Gay Marriages

Via Houston's CBS affiliate:

More than a month after the U.S. Supreme Court legalized same sex marriage, Texas is not fully recognizing the landmark ruling and refuses to issue death certificates that recognize same-sex marriages. "It looks to me like we're headed back to federal court," said widower John Stone-Hoskins, 36. He plans to file a lawsuit against the state on Monday, asking a judge to force Texas to let him change his late spouse's death certificate to reflect their marriage. "We want to make sure in his lifetime his marriage to James [Stone] is recognized. He deserves that much," said Neel Lane, attorney with Akin Gump, LLP.

Hoskins and Stone exchanged vows in New Mexico last August. But by mid-January, after a diagnosis with a genetic autoimmune disease called Sjögren's syndrome, James, 32, decided to take his own life. "As you can see here, the marriage certificate is nice and framed," said Stone-Hoskins. "The death certificate totally dismisses the fact that we were ever married." Hoskins, who lives in Conroe, said that's what hurts. James' Texas death certificate lists him as single and refers to John as "significant other," meaning he is not entitled to his spouse's estate.

A video report is at the link.

KENTUCKY: Liberty Counsel Tells Court That Clerk Is A "Conscientious Objector"

The Liberty Counsel yesterday filed a motion in the ACLU's lawsuit against four-times-married Kentucky county clerk Kim Davis in which they characterize her as being similar to an anti-war conscientious objector.

“Like a noncombatant who cannot shoulder a rifle, a county clerk who cannot issue” same-sex licenses “can still faithfully and devotedly serve this country, and their county,” lawyers for Kim Davis argued in a pleading filed Thursday in U.S. District Court. Asking Judge David Bunning to deny an injunction forcing Davis to begin issuing licenses again, attorneys Roger Gannam and Jonathan Christman from the Orlando-based Liberty Counsel note that Kentucky law allows county clerks an exemption from issuing fishing and hunting licenses. “If Kentucky is able to accommodate personal beliefs and conscientious objection regarding something that is (to some) as trivial as fishing and hunting, surely Kentucky can and must provide similar accommodation for deeply held beliefs about the fundamental nature of marriage,” they said in their pleading.

The ACLU has seven days to respond to the latest motion. Earlier this month Davis testified that she had "prayed and fasted" about her decision to disobey the Supreme Court. The final ruling in the case is expected in mid-August. Kentucky's county clerks are elected and can only be removed by the state legislature, which is out of session until January. Davis and other renegade clerks face fines and jail for contempt of court should the ruling go against them.

COLOMBIA: Top Court Considers Marriage

J. Lester Feder reports at Buzzfeed:

Colombia’s top court held a day-long hearing on Thursday on whether it should interpret its constitution as giving marriage rights to same-sex couples — framing the debate in a wider discussion about whether international standards now dictate that marriage equality is a fundamental right. The hearing comes five weeks after the U.S. Supreme Court ruled to allow marriage equality, in a move that reverberated around the world. Unlike the U.S. Supreme Court, Colombia’s Constitutional Court weighs foreign precedent and international human rights law in its decisions. To discuss the question of marriage equality in Thursday’s debate, the Court’s judges invited a broad range of international opinions, including representatives of the United Nations’ human rights office, the U.S.-based conservative legal group the Alliance Defending Freedom, and Albie Sachs, the former chief justice of South Africa’s Constitutional Court who authored a 2005 marriage equality ruling.

A decision is expected by the end of the summer.

RELATED: Elsewhere in South America same-sex marriage is legal in Argentina, Brazil, French Guiana, and Uruguay. Civil unions are legal in Chile, Colombia, and Ecuador. A same-sex marriage lawsuit is pending before the Venezuelan Supreme Court. Homosexual acts remain illegal in Guyana, but nowhere else on the continent.

MEXICO: Thousands Protest Gay Marriage

Via the anti-gay LifeSiteNews:

Tens of thousands took to the streets of major Mexican cities under the slogan “Mexico is One for the Children,” to ask the government to respect state constitutions that define marriage as the union of one man and one woman, after a recent Supreme Court ruling legalized same-sex unions throughout the country. “We are not against any person, we are against this Supreme Court imposition,” said Sofia Miranda, one of the organizers, in an open letter to media who were criticizing the cause. This, she continued, “opens the door to gender ideology and will destabilize our society and damage our children. This is what we don’t want.” Marchers were also asking their parental rights be recognized, as Congress is seeking to pass a national law which will “guarantee the access to contraceptive methods” without parental consent to all girls. The law also states all children have a “right to intimacy,” they should not be discriminated against on the basis of their “sexual preference” and that the state will provide “education and services in regards to sexual and reproductive health” to all children.

Same-sex marriage is recognized nationwide but only a handful of Mexico's 31 states have so far enacted the mandated legislation.

Matt Baume On Marriage In Constitution

NOM: Alabama Should Ignore SCOTUS

"The Supreme Court's decision in Obergefell mandating same-sex marriage throughout the nation is not only wrong, but illegitimate. The oaths that elected officials take is to 'the Constitution,' not to 'the Supreme Court,' and it is high time that 'that eminent tribunal' be reminded that the very essence of its authority comes from the Constitution. As John Marshall stated in the famous decision of Marbury v. Madison, the power of judicial review does not imply a superiority of the courts to the elected branches of government, but a superiority of the Constitution to both."- NOM chairman John Eastman, in a joint press release urging the Alabama Supreme Court to act on the demand filed earlier this month by the Liberty Counsel.

ALABAMA: 13 Counties Holding Out

Via press release issued yesterday by the Campaign For Southern Equality:

Alabama counties are missing out on thousands of dollars in revenue as a result of probate judges closing marriage license offices. The 13 counties that are not currently issuing marriage licenses are forfeiting an estimated $132,106.50 in annual revenue. Nearly a month after the Supreme Court's ruling on marriage equality, 53 of Alabama’s 67 counties are issuing marriage licenses to same-sex couples, 13 have closed their marriage license offices to all couples, and Coosa County is neither issuing marriage licenses to couples or is closed. Despite no longer performing a vital aspect of their jobs, probate judge and probate court employees in those 13 continue to be paid their full salaries and benefits. Across the state, probate judges’ salaries range from $52,500 to $155,000 annually.

See more here.

AUSTRALIA: Labor Leader Bill Shorten Promises Marriage Bill Within 100 Days If Elected Prime Minister Next Year

Gay Star News reports:

Australian opposition leader Bill Shorten has promised to introduce a gay marriage bill within his first 100 days if elected prime minister in 2016. ‘Same-sex couples have waited too long. Australia is trailing the world,’ the Labor Party leader said on Sunday (26 July). ‘The debate about marriage equality has simply gone on too long.’ The pledge came hours after he made a deal with Labor’s left faction to back a binding vote in favor of gay marriage if it is not legalized by the next parliamentary sessions. Shorten said gay marriage could still be legalized by the current parliament and called on Prime Minister Tony Abbott to give Liberal MPs a free vote on the issue. ‘What the Labor Party does with this resolution is we lay down the challenge to Mr Abbott and his Liberals: Please give your members of parliament a free vote so we can make marriage equality a reality now,’ Shorten said.

VIDEO: At the same Labor conference openly lesbian MP Penny Wong delivered a forceful speech on marriage equality, receiving a lengthy standing ovation. Watch this.

MICHIGAN: Marriage Attorneys Petition State For $2 Million In Compensation

Via Detroit's ABC affiliate:

The six lawyers who worked on the case against Michigan's ban on same-sex marriage are asking for nearly $2 million from the state to cover some of their fees. In all, the six attorneys - Carole Stanyar, Dana Nessel, Kenneth Mogill, Robert Sedler, Mary Bonauto and Vickie Henry - said the total calculation came to $1,927,450 for their fees. Every attorney charged $350 an hour, with three of them putting in over 1,000 hours of work each in the case. Though the Supreme Court ruled in favor of their case, there is a provision through what is called the private attorney general doctrine that not only makes it, "possible for non-affluent litigants to obtain legal representation, but to reward attorneys whose services has benefited the public interest."

The attorneys say their work on the marriage case made it impossible to take other cases for the last three years. See their filing.

ALABAMA: Marriage Equality Plaintiffs Finally Win Their Adoption Battle

AL.com reports:

Nine years later, Khaya Searcy has two legal parents. On Friday, retired Baldwin County Circuit Court Judge James Reid granted the adoption for Cari Searcy in Mobile County Probate Court. His approval of the measure ended a winding and politically fraught legal battle for Searcy and her wife Kim McKeand, Khaya's biological mother.

Their four-year-long quest to adopt the child led to a federal judge overturning the state's constitutional ban on same-sex marriage earlier this year. "It was such a surreal feeling when (Reid) said 'it's in the best interest of this boy to have two legal parents,'" Searcy said. "For me, that's when I broke down. It's very emotional and a day we've been waiting for a long, long time."

Searcy first filed paperwork in Mobile County Probate Court in 2011 to legally adopt the boy, whom she has raised since birth. After a brief hearing, Mobile County Probate Judge Don Davis rejected the petition in April 2012, citing the state's ban on same-sex marriage. The Alabama Court of Civil Appeals later upheld that decision. In February, a federal judge ruled that Searcy could not be denied her desire to adopt Khaya, clearing the way for same-sex marriage in Alabama.

I don't recommend the comments at the link.

TAIWAN: Taipei City Government To Ask Court To Legalize Same-Sex Marriage

Asia One reports:

The Taipei City Government Department of Civil Affairs yesterday stated its decision to petition to the Constitutional Court to make a decision about whether the Constitution forbids the government from restricting marriage rights from same-sex couples and to seek a decision that would require the government to legalize same-sex marriage. Countries all over the world have started to legalize same-sex marriage, Civil Affairs officials said, citing a gradual change in values in the past years. However, when asked whether they supported the right of same-sex couples to marry during their confirmation hearings before the Legislative Yuan, four of the current grand justices of the Constitutional Court said they could not support such a right. In a democratic country, the guarantee of civil liberty is a major issue that governmental bodies must be aware of, but since the Constitutional Court has yet to hand down a decision regarding same-sex marriage, the Civil Affairs department has decided to appeal to the court. It is estimated that the documents supporting the appeal will be delivered to the Ministry of the Interior next week.

Taipei currently grants same-sex couples limited partnership rights. About 2.7 million live within the city limits of Taipei, with about 7.5 million in the metro area.

TRAILER: History In The Making

Clip recap:

This feature-length documentary, History In The Making: The Marriage Equality New York Archives 2007-2015, follows an all-grassroots organization, Marriage Equality New York (or MENY) from the NYC streets to Albany and eventually to the Supreme Court. Directed & edited by Fred Anguera. Filmed by Cristina Wolff, Rob Martin, Reed Davis, Fred Anguera, Emmanuel Migrino, Carmine Nicholas Tzavis. Appearances by Cathy Marino-Thomas, Edie Windsor, Brendan Fay, Margaret Cho, Maggie Gallagher, Sen. Thomas Duane, Christine Quinn, Danny O'Donnell, Candy Samples, Gilbert Baker, Chic, Ann Northrop, Gov. David Paterson, Sassy, Ron Zacchi, Fred Anguera, Sheila & Jackie Marino-Thomas, Cynthia Nixon, Mayor Michael Bloomberg, Kate & Darcy Tuscano and more.

Get tickets to the screening.

Rick Santorum: I Regret That I Ever Said That "Man On Dog" Thing About Gays

Last night Rick Santorum sat down for a rare and lengthy interview with Rachel Maddow. Raw Story zeroes in on the SCOTUS portion:

MSNBC host Rachel Maddow shot down Republican presidential contender Rick Santorum on Wednesday when he tried to argue that Congress could overturn the Supreme Court’s ruling legalizing marriage equality. “You’re fundamentally wrong on civics,” Maddow said. “If there is a question as to the constitutionality of a law, it gets adjudicated. The second syllable in that word means it gets decided in the judiciary. The Supreme Court decides whether or not a law is constitutional. So you could not now pass a law that said, ‘We’re banning same-sex marriage.'” Santorum then argued that “Congress can pass anything it wants to pass,” regardless of the high court’s decisions to justify passing a new ban on same-sex marriages. “So you want them to pass a moot bill?” Maddow asked. “It wouldn’t be moot,” he insisted, saying that the court could find it “misread the tea leaves” between its ruling last month and a possible new bill.

After the above exchange, Maddow asks if Santorum believes that people choose to be gay. Minutes later Santorum said that he now regrets his "flippant" 2003 comment that decriminalizing homosexuality will lead to legalizing "man on dog" sex. He added, however, that he stands by his overall "slippery slope" contention about LGBT rights.

ALABAMA: Two More Counties Relent After Obergefell Rehearing Window Expires

Two renegade Alabama counties have resumed issuing marriage licenses today. Via the Dothan Eagle:

Houston County Probate Judge Patrick Davenport hasn’t issued any marriage licenses since February. Henry County Probate Judge David Money suspended issuing marriage licenses to any couples last month after the U.S. Supreme Court ruled same-sex couples had a right to marry. On Tuesday, a 25-day window during which a petition for rehearing could be filed by the parties in that case expired. “During that period the Henry County Probate Office suspended the issuance of all marriage licenses pending further legal developments,” Money said in a statement. “Henry County continues to maintain the position that we will abide by all federal and state laws related to the issuance of marriage licenses. After consultation with the Alabama Probate Judges Association, the Association of County Commissioners of Alabama as well as with attorneys for those associations, and after recognizing that all legal options have been exhausted, the Henry County Probate Office will resume the issuance of marriage licenses on Wednesday, July 22, 2015 at 8:30 a.m.” Davenport had similar reasoning for making his decision.

It's not clear how many Alabama counties continue to hold out. Two weeks ago the number was thirteen. (Tipped by JMG reader Grant)

KENTUCKY: Liberty Counsel Lawyer Says Plaintiffs Don't Really Want To Get Married

"We were able to see through her testimony that this case, more and more, is really about the plaintiffs wanting to force Kim Davis to issue a marriage license despite her sincerely held religious beliefs. It's not about the plaintiffs' desire to get married. They drove two hours to a county where they could have gotten a license if they wanted one. They drove an hour last week to court to a county where they could've gotten a license if they wanted one. And they could've gotten a license in just about every county in between that they passed through if they had wanted one. Just as Justice Alito predicted in his dissent in Obergefell secularists are trying to 'stamp out every vestige of dissent' by targeting people of faith who do not agree with same-sex marriage." - Liberty Counsel senior attorney Roger Gannam, declaring that since the plaintiffs drove to a different county to attend the hearing of the ACLU's lawsuit, they don't really want to get married.