Showing posts with label marriage. Show all posts
Showing posts with label marriage. Show all posts

Thursday, March 26, 2015



Here is an updated civil marriage map.  As you can see, most of the country now allows same-sex couples to marry.  The map though has a lot of legal quirks that are not shown.  For example, a Federal judge ruled Alabama's marriage ban was a violation of the US Constitution.

Marriage licenses were issued and then stopped by a contravening order of the Alabama Supreme Court.  Any basic understanding of American law knows that Federal law trumps state statutes that in turn trump local ordinances.  So, the AL Supreme Court ruling is likely illegal.  (Note:  Arkansas just passed a law limiting civil rights to the state's statutes.  It effectively overturns a local ordinance in Eureka Springs that banned sexual orientation discrimination.)

Marriage has been legal in Idaho since last year, but this month the Idaho House passed a resolution that any judge ruling the state's marriage ban is unconstitutional should be impeached.  Idaho is giving Alabama a run in terms of swimming against the tide of history...and the law.

Only a handful of counties in Missouri issue marriage licenses but the state recognizes such marriages.

Across the border in Kansas, clerks issue marriage licenses but the state does not recognize these marriages.

And Oklahoma is trying to pass a law that would get rid of marriage licenses altogether.  Instead couples would get a certificate of marriage from a minister, priest or rabbi and file it with their county clerk.  Thus clerks would not have to issue marriage licenses.  If you are an atheist or do not want a religious marriage, you would get an affidavit of a common law marriage (which some states do not recognize).  If passed, it is likely to create huge headaches for Oklahoma couples and end up in the courts.

Court cases in the 8th, 5th, 11th and 1st circuits (Puerto Rico is in the 1st circuit) continue to slowly wind their way through the courts.  These lawsuits may be moot, however, since the US Supreme Court is expected to rule on this issue in June.

Tuesday, January 6, 2015

Updated Marriage Map


Today civil marriages for same-sex couples became legal in Florida.  If we add in Missouri and Kansas (see below), 37 states and the District of Columbia now offer civil marriage licenses to both same-sex and opposite-sex couples.  Basically the number of states where same-sex civil marriages are legal doubled in 2014 after a string of court rulings based on the Windsor case.  One article I read stated that 4 out of 5 Americans now live in a state where same-sex couples can legally wed.  Using 2010 Census data, I came to the figure of 73% of the population living in a state with marriage but those data are 5 years old now.

There are many complications to this story however:

*The US Supreme Court avoided taking up the constitutionality of same-sex marriage bans in 2014.  After a split in appellate court rulings developed after a 2-1 ruling by the 6th Circuit in Cincinnati upheld the bans, the US Supreme Court has agreed to discuss whether to address the question of same-sex marriage bans and the US Constitution.  The Court will decide whether to take a case or pass again on the issue in January.

*Same-sex couples can only marry in a handful of jurisdictions in Missouri, but the state government recognizes these marriages.  Other jurisdictions continue to refuse licenses to couples pending more litigation.

*Neighboring Kansas is also a strange case.  A handful of jurisdictions there issue licenses but the state continues to refuse to recognize these marriages in spite of a ruling striking down marriage bans by the 10th Circuit.  

*Idaho's governor and attorney general are also appealing the striking down of that state's ban.

*Couples were briefly allowed to marry in Arkansas and Michigan.  After the 6th Circuit's ruling upholding Michigan's ban, Michigan's governor rushed to announce the marriages that had already occurred there using legally issued licenses at that time never happened and were void.  Even if that state's ban is upheld in appeal, the retroactive voiding of these marriages is likely to be more litigation.

*All this litigation by state officials seeking to uphold marriage bans is proving costly to states.  As state officials are losing more than 27 cases in 2014 over the unconstitutionality of these laws, they must by law pay the court costs of the citizens challenging these bans.  

I feel that it is likely the US Supreme Court will take up the constitutionality of same-sex marriage bans in 2015 and issue a ruling.  The number of states with and without marriage now closely resembles the lineup of states before major court decisions on interracial marriages and school desegregation.  Most of the states have already adopted the new policies with the usual holdouts in the former Confederacy as well as the 6th Circuit states and the sparsely populated Dakotas and Nebraska remaining.  I should add that Puerto Rico and other US territories are also holdouts.  I predict that by January 2016 civil marriages will be open to both opposite-sex and same-sex couples alike with future generations wondering what all the fuss was about.  

Wednesday, November 19, 2014

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.

Sunday, October 19, 2014



The Equality State of Wyoming, the first state to allow women to legally vote, on Friday became the 32nd state to legalize civil marriage for same sex couples.

Friday, October 17, 2014

And Marriages Are Back in Alaska


The US Supreme Court lifted the stay on marriages in Alaska today so it goes back to blue.

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.


Monday, October 13, 2014

Marriage Comes to Alaska


After a court ruling yesterday, civil marriage licenses are being issued to same-sex couples in Alaska today.  With Alaska there are now 30 states where same-sex couples can legally marry including now most of the West and 11 of the 13 original colonies.  Based on appellate decisions, 5 more states may have marriage soon.

Friday, October 10, 2014

Marriage Comes to North Carolina and Idaho!


It's 10pm Eastern.  I decided to post this map tonight as a kind of celebration.  This evening legal same sex civil marriage came to my home state of North Carolina.  I had long hoped but not necessarily believed this would happen in my lifetime.  I read tonight that marriage licenses were already being issued in Asheville.  Such great news!

I suspect that like women getting to vote and the racial and gender integration of schools in the 20th century, the effects of both same-sex and opposite-sex couples being able to legally marry (and divorce) will have effects both profound and almost unnoticeable.  The sky will not fall as some fear, but this huge and yet simple change will transform the lives of people like me...and you.  One can hide a lover; but not a spouse.  No more of this uncomfortableness of not knowing what to call a lesbian/gay friend's partner.  It will be a simple "spouse" or "wife" or "husband".  And that will take some getting used to for me...but already comes easier and with a smile to me.  I suspect soon it will be easier for most of us.  

Garth Brooks once said, he felt that one day his children would ask incredulously why gay people were ever banned from marrying in the first place.  I know that one day some wide-eyed college student will ask to interview me when I am older and ask about those terrible dark days of the past. How could that ever have been?

Sure.  A few people will still in time point to homosexuality as a sin, but I suspect many will interpret their Bibles differently in a generation the same way people do today over slavery, tattoos, pork, divorce, pre-marital sex, adultery, and the Biblical standard of women submitting to men.  I suppose if the good Christian people of Louisiana can see in their hearts to re-elect David Vitter for cheating on his wife Wendy with prostitutes he paid to have sex with him while he wore diapers, then maybe they won't mind if Ellen or Anderson Cooper get hitched for taxes and insurance and love and all that.  

It's a wonderful, warm night in Georgia as I scan the horizon for marriage coming down in time from those beautiful Appalachian Mountains to these pine forests.  And I pause in this moment of budding equality to also remember something my friend Kate once lamented:  that the radical gay agenda of free love and equality from the 1960s has over time matured into a very American and middle class dream.  Indeed, the radical gay agenda that gives some such heartburn has for many years been the dream to marry ...and have a stable job ...and serve our country in the military ...and go to church ...and to maybe even have kids...honestly, openly, and without fear of violence and hate.  And slowly it seems to me -but at lightening speed compared to the struggles our country has dealt with on gender, race, and religion- this American dream is blooming for us.  

And it truly is a dream for us all.  The struggles for women's rights continues to teach us that leadership and genius is not defined by genitals; that pink and pretty can fly or build or design an aircraft as well as blue and puppy dog tails.  The galaxy is bigger and better for having both Captain Janeways and Captain Kirks.

The same is true for the still on-going struggle for racial equality.  These struggles open our minds like an x-ray that we are all pretty much the same under these various hues of dermis.  We all love and cry and bleed and share a common humanity.  When we all have access to opportunity, our country is enriched for all by the incredible genius that hides among some of us regardless of our different skin colors and eye shapes and noses big or small; hooked, straight, or flat.

I once read an article by an opponent of gay rights who argued that while the women's and African American civil rights movements had brought something to all Americans, gay rights in his opinion were just a selfish affair without any lesson for us all.  I think he was wrong.  This movement has been about being a small, fearful group of Americans who are willing to be visible and out for the sake of dignity and family.  For all the labeling of homophobes under the banner of 'family values', gay rights has always been about enlarging our public and private circle of family; as if we were jointly making an America-sized Grinch's heart 2 sizes bigger.  I've heard so many times over the years people say they love their daughter or their nephew or liked that nice lesbian couple across the street, but they just didn't approve -mind you- of homosexuality.  But as always happens -isn't this so true?- love wins out.  From the OH Republican senator who endorses same sex marriage because he loves his son to the single mom who says she understands because her little family also doesn't fit the mold of the perfect family in all those ads, gay rights has won because individuals and advocacy groups have come out again and again -and again just for measure- to show that families come in many configurations but they all are powered by the same desire to cherish and protect the ones you love.  

And so, America's understanding of love and family has grown.  Lesbian and gay couples who have stood together -sometimes for decades- through violence, disease, derision (I hear those jokes too), and discrimination have held up a mirror to America's bridal industry and ultimately destructive focus on a single day's wedding ceremony to say "hey, marriage is the long years of standing up for each other and dealing with failures and successes...and all the responsibilities of marriage for decades before there will be any public benefits".  Without even a clear word to describe this other person in our lives, lesbian and gay Americans have been saying yes to the relationship long before there was even the dream of saying yes to the dress.  It's about hospital visitation and taxes and immigration and yes even divorce...and all the ups and downs of a real relationship beyond bouquets and layer cakes. And hopefully America has learned that marriage and family are about the long years of relationship and the love ...but it will be nice for gay folk to have some cake at last.

And that is a good thing.

Latest Civil Marriage Laws Map


The majority of Americans and the majority of American states now allow both opposite sex and same sex couples to legally wed.  Since this last Tuesday's decision by the US Supreme Court to not take up any of 7 appellate cases involving same sex marriage, a rush of new states now issue marriage licenses to same sex couples or are in the process of issuing:

  • Colorado
  • Indiana
  • Nevada
  • Oklahoma
  • Utah
  • Virginia
  • West Virginia
  • Wisconsin
Appellate decisions overturning bans on same sex marriage should also apply to the following states which are awaiting hearings to approve marriage as a legal formality or dealing with resistance to the court decisions by state officials:

  • Alaska
  • Arizona
  • Idaho
  • Kansas
  • Montana
  • North Carolina
  • South Carolina
  • Wyoming
The 6th Circuit should issue its opinion any day for the states of Kentucky, Michigan, Ohio, and Tennessee which could potentially legalize marriage in those states also...or create a case that would put them at odds to the 30 some pro-marriage decisions and send the case back to the US Supreme Court.



Wednesday, October 8, 2014

Marriage Map Showing Appellate Circuits


I've updated yesterday's marriage map to show the US Court of Appeals Circuits.  There are 11 multi-state circuits plus the 12th, the District of Columbia circuit.  Thus, the 10th circuit court ruling for UT should also apply to WY, CO, and KS.  Colorado is now blue because the CO Attorney General says his state will comply with the appellate court ruling and begin issuing licenses.  

Similarly, the 4th circuit's ruling overturning VA's ban should also apply to NC, SC, and WV.  

Rulings by the 6th circuit based out of Cincinnati and the 9th based out of San Francisco are expected soon.  Cases before the circuit courts in the 5th and 11th are progressing.

Tuesday, October 7, 2014


Yesterday the five states directly affected by yesterday's Supreme Court decision to not take up the 7 same-sex marriage cases began moving towards offering marriage licenses.  Colorado's Attorney General also announced his state will begin issuing licenses.  On the other hand South Carolina's Attorney General announced he will continue to fight for the ban in his state.  

Monday, October 6, 2014

New Marriage Map Based on US Supreme Court Actions Today



Today the US Supreme Court declined to hear 7 same-sex marriage cases which have worked their way up through lower and appellate Federal courts.  Each of these 7 cases ruled bans on same-sex marriage were unconstitutional, but each case currently had a stay on allowing same-sex couples to get marriage licenses.

With the US Supreme Court declining to hear these 7 cases, the appellate decision stands, and the stays go away.  Thus, today same-sex marriage should be legal in VA, OK, UT, IN, and WI where appellate decisions have already been made regarding those states' bans.  Other states will also likely be affected since they are in the appellate court jurisdictions governed by these rulings (NC, SC, WV, KS, CO, and WY).  

Appellate courts that are expected to soon release their decisions soon that would affect:
6th Circuit:  KY, OH, TN, and MI
9th Circuit:  NV, ID, AZ, MT, and AK

With today's five new states, 51% of Americans live in states where same-sex couples will be able to legally wed.  If marriage equality spreads to the 6 other states (WY, KS, CO, NC, SC, and WV), 58% of Americans will live in a state where same-sex couples can marry.  

Note on the Sept. 10 map of ruling below:
There have now been two Federal court decisions in Louisiana:  one upheld the state's ban on same-sex marriage; the other ruled it unconstitutional.  Lower Federal rulings in the 5th (TX, LA and MS) and 11th (GA, AL, and FL) are still waiting to be reviewed by the appellate courts for those circuits.




Wednesday, September 10, 2014

Updated Civil Marriage Maps




Today's updated marriage maps show new information.  Now that there is a pending lawsuit seeking civil marriage for same-sex couples in every state, I've moved to showing where civil marriage is already legal (see map below) and an update on current court rulings (see map above).  On the map above the orange color (in North Carolina for example) means a Federal appeals court has issued a pro-marriage ruling for the appellate circuit that includes that state but not specifically on a case from that state.  In the example of North Carolina, the appellate court ruled on a case from Virginia (green).  The appellate circuit, however, includes Virginia, North Carolina, South Carolina, and West Virginia making similar bans on same-sex marriage in those states also likely unconstitutional.


Tuesday, July 15, 2014

New Civil Marriage Map



Between travels and moving, I've not had access to my mapping software.  Here finally is a quick update to my marriage map.  Let me know if you see any updates or changes I've not captured for the months I was away.

While I was overseas it appears Oregon and Pennsylvania added civil marriage for same-sex couples.  The Freedom to Marry folks who closely follow all the litigation report that since the Supreme Court's Windsor decision, 24 courts have ruled in favor of same-sex marriage with 0 ruling against.


Wednesday, May 14, 2014

Arkansas and the Marriage Map

I'm traveling and away from my mapping software until late June. So I will not be able to update my marriage map for several weeks. Arkansas, however, now joins the states where legal same-sex marriages have taken places.  

Sunday, April 27, 2014


I've been on the road this past week, so here is a newly updated marriage map with a number of changes:

a. There are now only three states without a lawsuit seeking same-sex civil marriage:  Montana, North Dakota, and Alaska.

b. Georgia finally came on board the marriage lawsuit train as has South Dakota.

c. The 6th Circuit Court issued a stay on a Tennessee judge's order for the Volunteer State to recognize three same-sex couples as legally married while their lawsuit progresses.

d. One of the handful of out gay Federal judges heard a lawsuit seeking to overturn that state's anti-marriage constitutional amendment and legalize civil marriages there.  The state's attorney general also feels the amendment is unconstitutional and so there is no one defending the law before the court.

e. Alaska's Supreme Court also ruled this week that the state's refusal to give the same tax exemptions to same-sex couples as it gives to opposite-sex couples was discriminatory and unconstitutional.

f. And finally an Idaho cemetery for veterans refused the request of an elderly lesbian veteran to be buried with the ashes of her late partner under the claim that Idaho's state constitution prohibited recognition of the couple as married.  This woman who lived her life serving our country responded that she has spent her life being discriminated against and guess that this would not end with her death.  Sad.

Wednesday, April 23, 2014

The Typical American's Moral Views

According to polling by Gallup, Americans' views on various issues of relationships and morality continue to evolve.  As of 2013 the majority of Americans view same-sex marriage, interracial marriage, divorce, sex outside of marriage, and having a child outside of marriage as morally acceptable.  Adultery remains unpopular.  Polygamy also remains unpopular although the percentage of Americans viewing polygamy as morally acceptable has doubled since 2001.

Monday, April 14, 2014

Updated Marriage Map


After the rush of court rulings in the first three months of 2014, April has been relatively a slow news period. The new Federal court rulings on same-sex marriage have created even greater complexity.  Judges in Tennessee and Indiana have ruled those states must recognize civil marriages performed out-of-state...but only for the plaintiffs in the lawsuits involving those cases.  So, this means Indiana must recognize the marriage of a lesbian couple in Evansville where one of the spouses is dying.  In Tennessee the judge ordered the state to recognize the three couples suing the state for recognition of their marriages.

Today an Ohio judge ordered that state to recognize marriages legally performed out-of-state.  He will decide tomorrow whether to stay his decision or not.

As for the number of states with and without a lawsuit seeking recognition of same-sex marriage, it is a challenge knowing which states have such lawsuits.  Lambda Legal put out a press release that to expect a lawsuit in Georgia this week, but there is no news there yet.  So stay tuned.

Wednesday, March 26, 2014

Updated Marriage Map


As expected, the Michigan marriage ruling has been indefinitely stayed while the appeals process proceeds. Over the weekend 4 Michigan counties did issue marriage licenses to same-sex couples.  As with the couples who married in Utah, the state government is questioning the legal status of these marriages.  For now Michigan joins Utah, Texas, Oklahoma, Virginia, Kentucky, and Ohio where Federal judges have ruled in favor of same-sex civil marriage's legalization and where these rulings are now being appealed.

Friday, March 21, 2014

Updated Marriage Map: Michigan


Today US District Judge Bernard Friedman issued his ruling in a Michigan lawsuit seeking the legalization of civil marriage for same-sex couples in that state.  The situation in Michigan at the moment is complicated.  Judge Friedman's decision came out after 5pm when the county clerks who issue marriage licenses had closed.  Judge Friedman, however, did not stay his decision.  Michigan's Attorney General is seeking an emergency stay on the decision.  So, same-sex civil marriage is now technically legal in Michigan, but it is not clear whether any MI couples will manage to get a license and marry before a higher court places a stay on Friedman's decision.  Will a county clerk in Ann Arbor, Grand Rapids or another Michigan city with a large LGBT population open this weekend?  Stay tuned.

I will give things until Wednesday to shake out and then will update the map again.