same-sex marriage

While Ohio bans same-sex marriages, a judge has ruled that a valid same-sex marriage entered into in another state must be recognized on a death certificate. Ohio recognizes marriages from other states that it would not allow under its own law, the judge said, so same-sex marriages must be given the same comity and full-faith credit. “This is not a complicated case,” the judge wrote, according to the Gay People's Chronicle. “The issue is whether the state of Ohio can discriminate against same sex marriages lawfully solemnized out of state, when Ohio law has historically and unambiguously provided that the validity of a marriage is determined by whether it complies with the law of the jurisdiction where it was celebrated.”

 The Albuquerque Journal reports the New Mexico Attorney General argues that same-sex marriage is an issue of civil rights to be decided by the courts, not to be put up as a ballot measure for voters. The New Mexico Supreme Court is going to hear the issue next month. New Mexico is the rare state that does not directly prohibit nor directly authorize same-sex marriages.

A retirement professional has this overview on same-sex spouses getting Social Security benefits in the wake of the U.S. Supreme Court's ruling striking down the federal Defense of Marriage Act. One highlight is that the Social Security Administration is paying spouse benefits "if the couple wedded in a state that performs same-sex marriages, and reside at the time of claiming Social Security in a state that recognizes same-sex marriage."

The Associated Press reports the Arkansas Attorney General has approved the popular name and ballot title of a ballot measure that would ask Arkansas voters to repeal the definition of marriage as between only a man and a woman. The ballot measure would only change the state constitution, not a state law that bans same-sex marriage. The AP further reports, "Arkansas' gay marriage ban was approved by 75 percent of voters in 2004. Same-sex couples have filed lawsuits this year in federal and state court challenging the ban."

After Governor Chris Christie vetoed legislation passed by the New Jersey Legislature to approve same-sex marriage last year, a poll shows he is getting middling reviews on his handling of the issue. Thirty percent think Christie has been above average in handling the issue and 31 percent think he has been below average on the issue.  The governor is up for reelection and leading in the polls. The Asbury Park Press reports proponents of same-sex marriage are trying to pass legislation to override taking the same-sex marriage issue to a public referendum, which Christie favors.

Former Republican National Committee Chairman Michael Steele said that it would be toxic for a Republican presidential candidate to support same-sex marriage during the primary season, but that the nominee would likely come out in favor of same-sex unions after securing the nomination.

While some New Mexico county clerks are issuing same-sex marriage licenses, one county is not doing so after a local judge put a case on hold-pending a ruling on same-sex marriage by the New Mexico Supreme Court. New Mexico's laws are silent on whether same-sex marriages are prohibited or allowable. That state's Supreme Court is picking up the issue after "clerks from all of New Mexico’s 33 counties voted Aug. 28 to seek a ruling from the high court on the legality of same-sex marriage," the Rio Rancho Observer reports. 

After the New Mexico Supreme Court ruled that a wedding photographer's refusal to photograph same-sex weddings violates the state's Human Rights Act, the photographer is seeking certiorari in the US Supreme Court. SCOTUS Blog reports that the photography business argues that complying with the law forces them to violate their Christian beliefs and violates their constitutional right to the free exercise of religion. If the court takes up the issue it could set the parameters on how far protections for gay Americans will extend.

Bloomberg has an interesting piece on how the IRS decision to require same-sex spouses to file joint returns will play out. Prior to the feds' decision, same-sex couples would have to file jointly in the states that recognized their marriages but fill out 'fake' individual returns to file their federal taxes. Now same-sex spouses who live in states that don't recognize their legal relationships after getting married in jurisdictions that do will have to  file joint federal taxes but 'fake' state tax returns. Cohesion in taxes won't happen until every state recognizes same-sex marriage- or at least do not reference federal tax returns for state-level returns.

The Montgomery County, PA, Register of Wills who kickstarted the conversation in PA about same-sex marriage by starting to issue licenses to LGBT couples was told to stop by a Commonwealth Court judge today. The judge did not address the constitutionality of the ban on same-sex marriage in Pennsylvania, only ruling that the judiciary, not an elected row officer who administers marriage licenses and court filings, could decide if the law should not be followed.

Meanwhile, Hawaii is preparing for a special legislative session on a bill that would authorize same-sex marriage in that Pacific Ocean state: http://reason.com/24-7/2013/09/11/hawaii-preps-special-session-to-address