same-sex marriage

Next month, the Texas Supreme Court will consider two separate cases of estranged same-sex spouses who married in Massachusetts and want to get divorced in Texas. This blog post notes: "Currently, it is unclear what the decisions of the Texas Supreme Court are likely to be. More than anything else, these upcoming decisions reflect the changing landscape of family law in the U.S. As of now, just over a quarter of the U.S. population lives in jurisdictions that have legalized same-sex marriage. As one of the fastest growing states in the U.S., it is important for Texas law to articulate its approach to these sorts of issues. Indeed, questions regarding same-sex marriage and divorce are likely to become more common throughout the country."

PENNSYLVANIA: The register of wills in Montgomery County, Pennsylvania, ordered to stop issuing marriage licenses to same-sex couples is seeking the Pennsylvania Supreme Court's review on whether the lower appellate court had jurisdiction and if the state health department opposing the licenses' issuance made out its burden of proof in the case, Reuters reports: http://whtc.com/news/articles/2013/oct/01/pennsylvania-clerk-appeals-ban...

NEW JERSEY: This state's attorney general has asked a state judge to put a stay in place until the New Jersey Supreme Court can rule on the constitutionality of the state's civil union law when it does not allow same-sex marriage, Bloomberg Businessweek reports. The AG argued, Bloomberg reports, "the judge should allow the Supreme Court, 'the ultimate arbiter of substantial constitutional issues, to definitively determine the contested issue and allow that court, if it deems necessary, to take the drastic step of rejecting on constitutional grounds' a state law.": http://mobile.businessweek.com/news/2013-10-01/new-jersey-asks-judge-to-...

WEST VIRGINIA: Lambda Legal has filed a constitutional challenge to WV's ban on same-sex marriage, arguing it violates the plaintiffs's rights under the Fourteenth Amendment, the Associated Press reports: http://m.tribtown.com/view/story/4c19a72e9dbc40cca08b54eb02037d72/WV--Ga...

MISSISSIPPI: A same-sex couple seeking a divorce after getting married in California are litigating to have their marital dissolution recognized under Mississippi family law,WMC-TV reports: http://m.wmctv.com/#!/newsDetail/23551743

That case may be the first of its kind in the state.

Republican lawyer Theodore Olson and Democrat lawyer David Boies, who successfully prosecuted the constitutional challenge to California's ban on same-sex marriage, have joined a case in Virginia that could be a test case in the U.S. Supreme Court to establish the rights of same-sex couples to marry anywhere in the United States, the Washington Post reports. There are many challenges proceeding in many states in the wake of the Supreme Court rulings earlier this year striking down the federal Defense of Marriage Act and rejecting the standing of the petitioners seeking to keep California's ban intact. Olson and Boies like the Virginia litigation as a test case because Virginia not only bans same-sex matrimony but the recognition of same-sex unions from anywhere else, the Post also reported.

The Record (Bergen County) reports that Friday's ruling by a trial judge that same-sex marriage violates that state's constitution is a "blessing and curse" for proponents. "While Superior Court Judge Mary Jacobson’s 53-page opinion Friday was hailed as a landmark, a 'tipping point' in the decadelong crusade, some advocates worried it could hinder their main objective — getting the Legislature to enact same-sex marriage despite Governor Christie’s opposition." Christie plans to appeal Jacobson's decision and already vetoed legislation that would have established same-sex matrimony in the state. The Democrat-controlled legislature is going to try to garner enough votes to override the gubernatorial veto, but they need Republican votes to do so. But the court case might detract from the efforts to attract Republicans to that cause, The Record reports.

The Record (Bergen County) reports that Friday's ruling by a trial judge that same-sex marriage violates that state's constitution is a "blessing and curse" for proponents. "While Superior Court Judge Mary Jacobson’s 53-page opinion Friday was hailed as a landmark, a 'tipping point' in the decadelong crusade, some advocates worried it could hinder their main objective — getting the Legislature to enact same-sex marriage despite Governor Christie’s opposition." Christie plans to appeal Jacobson's decision and already vetoed legislation that would have established same-sex matrimony in the state. The Democrat-controlled legislature is going to try to garner enough votes to override the gubernatorial veto, but they need Republican votes to do so. But the court case might detract from the efforts to attract Republicans to that cause, The Record reports.

Bloomberg reports that an Illinois judge has found that 25 same-sex couples seeking to able to get married in Illinois are going to be able to proceed with their lawsuits. "Cook County Circuit Judge Sophia Hall announced her ruling today from the bench at the courthouse in downtown Chicago," Bloomberg also reported.

An Illinois judge is expected to rule today on a motion to dismiss a lawsuit seeking to establish same-sex marriage in that state, WREX out of Rockford, Illinois, reports.

The Associated Press reports two developments regarding same-sex marriage litigation in Pennsylvania and Ohio.

One, a lawsuit was filed in Pennsylvania state court to challenge the constitutionality of the ban on same-sex marriage under the state constitution. A federal lawsuit has already been filed. The litigants were issued marriage licenses in Montgomery County, Pa., after PA Attorney General Kathleen Kane rejected the legality of the ban and said her office would not defend it.

Two, a lawsuit in Ohio seeking for out-of-state marriages to be recognized on death certificates has been expanded to all similary situated couples. Despite a ban on same-sex marriages in Ohio, a judge has ruled in favor of two couples on the principle that Ohio recognizes all valid marriages from other states for ministerial acts like the issuance of death certificates. Read more: http://www.charlotteobserver.com/2013/09/25/4341472/apnewsbreak-gay-marr...

December will be a big month in New Jersey, but not just because of the holidays. Legislators are going to try to override Governor Chris Christie's veto of a law that would authorize same-sex marriage, the Associated Press reports. The governor suggested that it should be put on the ballot for voters to decide. Republican leaders said members of the party can vote on the veto-override legislation as they see fit, the AP also reports. Assembly Member Declan O’Scanlon, who will vote in favor of the override said, “The narrative that the governor strong-arms Republicans in the Legislature is false."

Gannett's The Courier-Journal reports that the same-sex partner of a woman facing murder and robbery charges in Jefferson County, Kentucky, can be compelled to testify against her. The two women entered into a civil union in Vermont, but they never converted their civil union into a marrage as was possible after Vermont allowed same-sex marriages. The judge reasoned that couple would have to be married at the very least for Kentucky to recognize their union for purposes of triggering the spousal privilege against testifying against one's spouse. Further, the trial judge ruled "Kentucky’s ban on same sex marriage and on recognizing same sex unions from other states means the privilege does not apply," The Courier-Journal also reports.