With the same sex marriage being a hot debate throughout the nation, it is no wonder that there are a few states that allow same sex marriages.
Some states are holding on to oppose gay marriage. The 9th U.S. Circuit Court of Appeals issued a temporary halt to gay marriages in Alaska on Wednesday and the state has demanded the Court to reimpose its ban. Alaska was followed by Idaho and Nevada.
Till the move from high court not arrives, the federal court action dissolves at 11 a.m. Friday, when gay marriages will be allowed to go forward.
The step taken on Oct. 6 legalized gay marriage in about 30 states. The move triggered a flurry of rulings and ambiguity in lower courts across the nation, including the conclusion of Alaska.
U.S. District Court Judge Timothy Burgess wrote,“Refusing the rights and responsibilities afforded by legal marriage sends the public a government-sponsored message that same-sex couples and their familial relationships do not warrant the status, benefits and dignity given to couples of the opposite sex.”
Several gay couples lined up early on Monday for marriage certificates, with a three-day waiting period between applications and marriage ceremonies, that could be held on Thursday.
Gov. Sean Parnell has said an appeal for the restoration of the ban would be made while state lawyers are looking for weak link in the ruling.
Here are some recent developments:
A federal court has again appealed to lift the Arizona’s ban on gay marriage and make way for legal same-sex unions in the state.
Lawyers representing plaintiffs in one of two lawsuits challenging Arizona’s gay marriage ban said “same-sex marriages are now being performed and recognized in 30 of the 50 states. The same should finally come true in Arizona.”
Arizona 1996 state law barred same-sex marriages. After seven years, an Arizona appeals court upheld the constitutionality of the law.
Florida Attorney General Pam Bondi, who always mark defending the state’s gay marriage ban as her duty, now has left the decision on state’s highest court to decide whether the constitutional amendment is legal. Bondi’s office filed a request late Monday which says, “Although this Court routinely handles important constitutional questions and is equipped to do so, this particular issue now requires a prompt Florida Supreme Court decision.”
The filing with the 3rd District Court of Appeal in Miami asks the court to post-haste propel two consolidated cases to the Florida Supreme Court for a decision. In both cases, state’s gay marriage ban was declared unconstitutional by the judges.
At 9 a.m. Pacific Wednesday morning issuing same-sex marriage licenses were started in the nation’s most conservative states, Idaho. But the leaders said that the fight is not over yet.
While Gov. C.L. “Butch” Otter said he would not appeal the 9th Circuit Court decision to lift the state’s ban on gay marriage. But he promised afterwards that he will continue defending Idaho’s constitution for which the definition of marriage stands between one man and one woman.
As per an order issued by the American Civil Liberties Union to the federal court, Kansas should be allowed to have same-sex marriage.
The group argued in its filing in U.S. District Court in Kansas City that the ban is under review and is most certainly going to prevail. The group wants to block the state instantly from enforcing its gay marriage ban.
No immediate response were received from Attorney General Derek Schmidt’s spokeswoman.
Federal judge has been asked by the couples in Montana which is a part of the 9th Circuit not to undergo a trial for deciding the issue. American Civil Liberties Union Montana legal director Jim Taylor says that the recent 9th Circuit’s conclusion to strike down similar bans elsewhere in the West is enough convincing for U.S. District Judge Brian Morris to favor their decision.
A request filed by the gay marriage opponents in Nevada on Monday asked the full 9th Circuit to hear their case against same-sex unions. The document referred the issue as “a question of historic importance,” and the Coalition for the Protection of Marriage claim bias by a three-judge panel of the court that decided to uplift the 2002 ban on gay marriage saying they were “favorably disposed to arguments for expanding the rights of gay men and lesbians.”
A memo in North Carolina to magistrates have asked them to aid same-sex marriage else they might get suspended or dismissed. The directive came on Wednesday after the refusal of a magistrate in Pasquotank County on Monday for marrying two men came under limelight.
On Wednesday a second federal lawsuit was filed which has asked a judge to declare the state’s constitutional ban illegal after a Charleston couple complained of the non possession of their marriage license even after they applied for it. The state Supreme Court said South Carolina should wait for a ruling in the recognition case, which is in process again after the U.S. Supreme Court’s decision not to hear an appeal of a ruling allowing same-sex marriage in Virginia by a federal appealed court that also has jurisdiction over South Carolina.