Latest Civil Marriage Laws Map

With the decision today from a Montana judge, marriage licenses are now being issued in all the states within the jurisdictions of the 9th, 10th, and 4th Federal circuit courts and these appellate courts' rulings striking down same-sex marriage bans.  Same-sex couples can now marry in 35 of the 50 states plus the District of Columbia.

There's still LOTS going on:

• State officials in South Carolina, Kansas, and Montana continue to try to fight marriage legalization even as some counties in these states are issuing licenses.  In Kansas the legal situation is chaotic with the state Supreme Court allowing marriages to go forward in some counties but not clearly stating that marriage licenses must be issued statewide.
• In the 6th Circuit, a 2-1 split decision upheld marriage bans in MI, OH, KY, and TN.  This split has now been appealed to the US Supreme Court.  Based on the 6th Circuit's decision -and in spite of prior public statements by Michigan's Republican governor that the state was issuing legal marriage licenses- Michigan's Republican Attorney General is now claiming that 300 or so same-sex marriages that occurred there before a stay never legally existed.  This is a lawsuit in the making for sure.
• A Federal judge in Puerto Rico has also upheld that island territory's marriage ban and so that case will now head to the 1st Circuit where every state has same-sex marriage including Massachusetts, the first state to adopt same-sex marriage.
• Court cases also continue in the 8th, 5th, and 11th Circuits.

The Rapidly Changing Marriage Map

As expected, the various states in the 9th, 10th, and 4th appellate circuits are catching up this week to those courts' rulings striking down bans on same sex marriage:

• Civil marriage for same sex couples is now legal in North Carolina.  South Carolina continues to fight the ruling, but the law is fairly clear that South Carolina must also abide by the 4th circuit's ruling.  
• In the 10th circuit a Wyoming judge has said he will rule by Monday on whether to strike down Wyoming's ban.  I'm not quite sure what is going on in Kansas.
• In the 9th an Alaskan judge struck down that state's ban. Couples began marrying but the state was able to get a temporary stay.  So it has gone from blue back to pink.  And in Arizona a judge ruled today there to strike down that state's ban and marriages are starting there.  Plaintiffs in Montana are seeking the court to affirm the 9th's decision applies to Montana too.  

And while court watchers have been waiting eagerly for the ruling from the 6th, we are still waiting.

Updated: Religious Freedom Laws

Mississippi Governor Phil Bryant (R) today signed into law the Mississippi Religious Freedom Restoration Act which allows Mississippians to sue or use as a legal defense the claim that any government policy, law, regulation, or ordinance places a burden on their free exercise of religion.  It also adds "In God We Trust" to the state seal.  The new law does not, however, allow employees to sue their employer by claiming the employer infringes on the employees' religious practices.

As I noted in my earlier post, at least 18 states (16 plus now KY and MS) already have these laws on the books.  A study by Wayne State law professor Christopher Lund also notes that these laws rarely lead to the successful defense of discriminatory acts.  For example, it is difficult to claim your deeply conservative Christian values force you to deny a wedding cake to a lesbian couple when you are willing to make cakes celebrating a Pagan solstice party, divorce, new grant to study cloning, etc. as recently was the case in Oregon.  Apparently to use these laws as a legal defense you would have to show you consistently apply your religious values in your dealings with customers.  Unfortunately, these laws also put the government in the position of differentiating consistent theological principles from discrimination seeking to hide behind religion.  Ironically, these 'religious freedom restoration' laws bring the courts into defining religion.

What is perhaps the true aim of these recent legislative attempts and new statutes is to make a political statement.  This isn't a new phenomenon.  Former Confederate states added the Confederate flag to their state flags to make a statement.  Mississippi amended its state flag in 1894, and in 2001 state residents voted down a proposal to remove the Confederate battle flag widely associated nationally with racists and rednecks.  Similarly, the Catholic organization Knights of Columbus spearheaded the addition in 1954 of the words "under God" into the US Pledge of Allegiance -a previously thoroughly secular pledge.  Symbols matter and are often appropriated by political agendas by groups across the political spectrum.  Take for example the recent debacle in South Carolina where a little girl's suggestion that the state adopt the wooly mammoth as the state fossil unleashed various amendments pushing a Creationist agenda.

These recent religious freedom laws underscore a symbolic resistance to advances in gay rights and a growing pushback to a politicized conservative Christianity.  Yet, as an observer from the South, it is interesting to note the massive media attention and pushback that states like Kansas and Arizona received over their religious freedom bills.  In Kentucky in 2013 and now in Mississippi in 2014 you don't see anything close to the pushback.  Perhaps the relative silence when the KY and MS legislatures beat their Bibles reflects a national attitude that much of the South is like a Confederate reservation where people can continue to live with 19th century values?  I've noticed when there is an anti-gay incident or attack in New York or another urban area, many commentators react against the perpetrators. When a similar anti-gay incident happens in the South, many commentators lash out at the entire state or the South as a whole.  Similarly, I see a number of my fellow Southerners view the diverse populations of cities and urban suburbs where the vast majority of Americans live as not the "real Americans" and erroneously paint Democrats and Democratic-voting areas as "welfare queens" and "takers".  In fact, data shows that most of America's economic production comes from its cities and urban states that in fact tend to vote Democratic.  Thus, the older, poorer, more rural red state areas are generally the "takers" who receive far more in Federal benefits than they pay in via taxes.  

My point here is that laws like the religious freedom bills are more about political theater than policy.  They enhance stereotypes that are not universal in these states, and they highlight the differential treatment and attention given to some states by the national media and social networks.  The Culture Wars continue and while same-sex marriage sweeps the country MS' conservatives can now proudly point to the "In God We Trust" on their state seal.  

Vacant Homes

The Great Recession starting in 2008 hit the housing industry hard.  New constructions plummeted.  Foreclosures skyrocketed.  Displaced former owners moved into rental property.

This map shows a snapshot from the 2010 Census of the percentage of vacant properties in each state.  So, I'm not sure how much of this pattern results from the Great Recession.  California and Nevada for instance had a large number of foreclosed properties, but the percentages of vacant housing are low there for 2010.

After looking at the Census definitions, I think this pattern is driven largely by vacation homes which are absent during parts of the year.  Note that more than a fifth of housing units are vacant in Vermont and Maine.  I suspect that beach and winter vacation homes in Florida, Myrtle Beach (SC), and Rehoboth Beach (DE) as well as summer homes in New England, Montana, and Alaska produce this pattern.  I once visited Skagway, Alaska.  I recall being told that the town had over 1000 residents in the summer but only about 100 through the winter.

Map: What States Have the Most Discouraged Workers?

This map shows the variation in discouraged workers nationally.  Discouraged workers are unemployed Americans who have given up looking for a job for awhile and have not applied for any jobs in the past 4 weeks.

In no states does the percentage of discouraged workers exceed 1%, so the numbers are relatively low. This map calculates discouraged workers as the U4 unemployment measure by the Bureau of Labor Statitistics minus U3.  U4 consists of the official unemployment measure (U3) plus discouraged workers.  So I've pulled discouraged workers out and looked at the spread of data by standard deviations.

North Dakota's oil-fueled jobs boom continues to keep that state's unemployment the lowest in the US.  Nevada's 9.7% unemployment (U4 measure) is actually higher than South Carolina's 9.3% rate, but the Palmetto State has the highest percentage of discouraged workers in the country -at least in December 2013.  Neighboring Georgia, Alabama, and Florida also have higher percentages of discouraged workers compared to the mean for the United States.