On August 21, a federal judge in Florida ruled that that the state's ban on same sex marriage was unconstitutional, but the ruling was stayed until January 5. Although the state Attorney General appealed the ruling and asked for a further stay, both the 11th circuit, and os of last night the Supreme Court have denied the appeal, and Florida will become the 36th marriage equality state on January 6th. [more inside]
Today, by a 2-1 decision, the Sixth Circuit upheld the same-sex marriage bans in Ohio, Kentucky, Tennessee and Michigan. reversing a federal district court decision and creating a circuit split: the Sixth Circuit has upheld bans, while the Fourth, Seventh, and Tenth Circuits have struck them down. [more inside]
This morning, the Supreme Court denied cert petitions in all seven same-sex marriage cases that had been brought to the SCOTUS level. [more inside]
In Conversation: Antonin Scalia "On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ("I don’t")." [more inside]
Earlier today, the Supreme Court heard oral arguments in the California Prop 8 case, Hollingsworth v. Perry. SCOTUSblog has a round-up of their analysis of today's arguments here. NYT article. LA Times article. [more inside]
In a private conference this morning, the Supreme Court of the United Stated discussed ten petitions relating to the Defense of Marriage Act and Proposition 8. [more inside]
Today, the Court of Appeals for the 2nd Circuit ruled that "we conclude that Section 3 of the Defense of Marriage Act violates equal protection and is therefore unconstitutional" [PDF of decision]. Plaintiff Edie Windsor has also petitioned the US Supreme Court to hear her case. [more inside]
Today, the 9th Circuit said a majority of its 26 actively serving judges has voted not to revisit a three-judge panel's 2-1 decision declaring the voter-approved ban to be a violation of the civil rights of gays and lesbians in California. Now that en banc rehearing was denied, the proponents have 90 days to file a petition for certiorari to the Supreme Court, seeking review of the decision striking down Proposition 8. Oral argument would follow a few months later, and then a final decision would be issued by June or July 2013.
Only in 1967 did Loving v. Virginia overturn vigorously-enforced laws against interracial marriage in these 15 states--Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Only in 1964 did the Civil Rights Act overturn laws against equal access to voting, public accommodation, and public education. Only in 1963 did the Equal Pay Act mandate that men and women be paid the same wage for the same work at the same job. History isn't a superhighway, leading us in straight lines toward utopia. We fall back and we move forward, but over the past fifty years, the United States has become considerably more inclusive and equality of access to opportunity has widened. Take a look at this article from the Atlantic Monthly in 1956--1956!--if you don't believe me.