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Equality news round-up: Kim Davis news, and updates in North Carolina

LGBT Legal Cases Marriage equality Marriage Equality Trials

Kentucky state seal– Rowan County clerk Kim Davis is asking the Sixth Circuit for a stay pending appeal of the most recent clarification of the injunction against her “no marriage” policy, applying it to all couples instead of just plaintiffs. The state officials had filed motions to dismiss and Davis also filed responses.

– No magistrate judges in one North Carolina county will perform marriages for same-sex couples.

Thanks to Equality Case Files for these filings

62 Comments

  • 1. LK2013  |  September 11, 2015 at 11:05 am

    Does anyone else think the motto on Kentucky's seal is ironic?

    "United we stand. Divided we fall."

  • 2. Mike_Baltimore  |  September 11, 2015 at 12:13 pm

    Kentucky is a strange state.

    Both Senators, and most of the House delegation are Republican, yet it has a Democratic governor, Lt. governor and AG.

    The Kentucky state House of Representatives is controlled by the Democrats by a 54-46 margin, but the state Senate is controlled by the Republicans by a 28-11 margin.

    They make a big deal of it being Abe Lincoln's birth place (Abe is famous for making the statement "United we stand, divided we fall"), yet it was a Union state only because there were many Union soldiers in and near the state, otherwise they almost assuredly would have joined the CSA. As it was, about 1/2 of the Kentucky citizens were soldiers of, or sympathetic to, the CSA cause, especially the 'slave-holding' part.

    And who was the biggest enemy of Abe Lincoln as President? The CSA and/or the sympathizers of the CSA.

    Kentucky also makes a big deal of it being the home of Stephen Foster, who wrote several songs that were almost considered hymns by the CSA. (Personal note – one of my aunts was probably one of only a few who were able to play songs on Stephen Foster's piano. Aunt Irene was blind, and thus couldn't see his piano from 15 feet away [behind the barrier rope], so the 'guide' opened the barrier to allow aunt Irene to get a close up 'touch' of the piano.)

    And, as several cousins of mine who live in or near Louisville have told me, many in Kentucky are angry that the tea party was not founded in Kentucky (a group that would rather forget Abe Lincoln, in my perception of the group). (One of my cousins lives near [as in several feet from] the main entrace of the U. of Louisville main campus.)

  • 3. SethInMaryland  |  September 11, 2015 at 12:25 pm

    Kentucky is a purple state on a lot of issues, but won't go for the national dems due to the coal industry in the state almost similar to Alaska due which is a socially liberal state but goes gop due to oil

  • 4. LK2013  |  September 11, 2015 at 3:55 pm

    Interesting, I love the story about Aunt Irene touching Stephen Foster's piano! That's really sweet.

  • 5. Mike_Baltimore  |  September 11, 2015 at 4:48 pm

    FYI – she was NOT an admirer of the CSA, and neither am I. Our feelings for the CSA probably border (in aunt Irene's case, bordered – she died about 2 decades ago) on hatred of their racist, bigoted and misogynist philosophy.

  • 6. 1grod  |  September 11, 2015 at 11:59 am

    Given the ease with which 14 AL probate judges got out of the marriage business, is it any surprise that some state legislators think it a good idea for the whole state to do so when the only thing the legislature needs to consider is changing the word "may" to "shall" and adding fines and jail time for those officials who fail to follow the law – including Alfred Booth [ Autauga Co] ,Stephanie Kemmer [Bibb], Diane Branch [Clay], Brandy Clark-Easlick [Chambers], Michael Armistead [Choctaw], Valerie Bradford-Davis [Clarke], Ryan Robertson [Cleburne], Terry Mitchell [Coosa], Ben Bowden [Covington], William Tate [Crenshaw], Fred Hamic [Geneva], Laurie Hall [ Matengo], Wes Allen [Pike] and Nick Williams [Washington Co] https://www.facebook.com/equalityalabama/photos/aand http://www.al.com/news/index.ssf/2015/09/bill_to_

  • 7. FredDorner  |  September 11, 2015 at 8:32 pm

    That bill has already been rejected twice in committee. Apparently some folks recognize the serious problems it might cause.

  • 8. 1grod  |  September 12, 2015 at 3:55 am

    Since Obergefell, AL's Autauga, Clay, Coosa, and Crenshaw were reported to be equality counties – for a time. There are now only 53 counties issuing. On February 18 there were 49 counties including Autauga, Coosa and Crenshaw, that had been issuing licenses. Slow progress. The 14 counties representing 340464 citizens of the state [ 7% of state population] that are not currently issuing marriage licenses are forfeiting an estimated $132,107 in annual revenue. In 2012, in aggregate, those counties had 2834 marriages, If today was then, these couples would be inconvenienced because of injustice.

  • 9. 1grod  |  September 12, 2015 at 6:03 pm

    Scottie, do not ignore in this discourse the growing pockets of inequality in Alabama. I fear this injustice is becoming so ingrained that Alabama system of justice is mocking the Nation's claim to marriage [equality] being a fundamental righ of all. Who will stand against – probate judges Allen, Armistead, Booth, Bowden, Bradford-Davis, Branch, Clark-Easlick, Hall, Hamic, Kemmer, Mitchell, Robertson, Tate and Williams or the lot of them? Why has the 11th circuit not yet addressed the appeal of Strawser v Strange, hopefully returning it to the Southern AL District Federal Court for final judgement and permanent injunction?

  • 10. guitaristbl  |  September 11, 2015 at 1:56 pm

    The loon is getting her own army :
    http://www.lgbtqnation.com/2015/09/kim-davis-is-g

    What are they going to do if federal marshals come to lock her in ? Shoot them ? The christian jihadists are more real than I thought..Scary.

  • 11. sfbob  |  September 11, 2015 at 6:03 pm

    Believe it or not Davis has actually turned them down.
    http://www.rightwingwatch.org/content/kim-davis-d

    Possibly the first intelligent decision she's made since…I'm not sure when.

  • 12. Zack12  |  September 12, 2015 at 4:16 am

    I have a feeling that is her lawyer's doing.
    Even they know any sympathy they've been able to get will go up in flames if federal marshals are killed by these nutjobs.

  • 13. sfbob  |  September 12, 2015 at 7:05 am

    I don't know; given some of the crap her counsel's been doing I'd be surprised if that had that much sense.

  • 14. guitaristbl  |  September 12, 2015 at 3:53 pm

    I hardly expect any sense from them as well. I would expect them to use them to enhance the show they are putting on. I dont think Staver wouls count as a factor that would inhibit his efforts to more money and fame.

  • 15. GregInTN  |  September 11, 2015 at 3:11 pm

    So, after both the 6th Circuit and SCOTUS turned down her first request for a stay pending appeal, she is trying once again as if the results will be different this time. Or is this going to be the excuse on Monday, "I'm waiting for the 6th Circuit to rule on my latest and greatest stay request"?

  • 16. LK2013  |  September 11, 2015 at 3:56 pm

    Bluegrass Politics ‏@BGPolitics
    10s10 seconds ago

    Judge Bunning denies Kim Davis' request for injunction against Gov Beshear, who told county clerks to comply with gay marriage ruling. ^JC

  • 17. LK2013  |  September 11, 2015 at 3:59 pm

    Kim Davis files new motion claiming "irreparable injury."

    (It truly might be cheaper for Kentucky to just have the special session of the Legislature and figure out what they want to do, because this will never end.)
    http://www.lgbtqnation.com/2015/09/kim-davis-file

    "While the world waits to see what Rowan County clerk Kim Davis will do when she returns to work Monday morning, she’s gone ahead with plans to sue the Governor of Kentucky, Steve Beshear, claiming his orders to issue marriage licenses to same-sex couples violates her First Amendment rights.

    The Governor has already petitioned the 6th Circuit and requested they promptly dismiss the case, and Kim Davis’ lawyers have filed a motion in opposition to that request.

    The New Civil Rights Movement reports that Davis is suggesting that the District Judge’s insistence that she give marriage licenses to all couples has resulted in “immediate and irreparable injury to her individual religious liberty and free speech rights” and that she’s now “facing immediate and substantial harm and consequences for exercising her individual constitutional and statutory rights.”

    Davis’ lawyers have previously said claimed Judge Bunning’s request to comply with his order to hand out marriage licenses is “factually impossible.”

  • 18. Tony MinasTirith  |  September 11, 2015 at 5:54 pm

    Matt Staver, it seems, has set up a little war room in Kentucky. He and his bunch of "lawyers" are sitting in their little room conjuring up any and every law suit they can think of 'round the clock. They're throwing any and every suit they can think of at Judge Bunning, the sixth and SCOTUS, hoping something will stick….and just to keep their perpetual fund raising machine and whorish media attention going as long as possible. And now they've attracted the lowest end of the republican presidential candidates. Huckabee, Cruz, Santorum, Jindal, are fumbling all over each other trying to get into the center ring of Matt Staver's Circus. For now anyway, the top tier, Trump, Fiorina, Carson seem to be avoiding Staver's vortex, lest they be sucked into it and pulled under for the rest of the campaign. At least one of the rankest anti lgbt's appears to have dropped out of the race this evening. Rick Perry was an idiot in 2012 and again to think he had any chance in 2016,

    Anti Gay marriage may have won W. the election in 2004…but this ain't 2004. Being obsessed with gay marriage in 2016 may just sink Huckabee and Cruz. Jindal and Santorum were just a joke to begin with.

    It should be an interesting conversation all weekend between Staver and Davis. I'd bet he's trying to talk her into boldly and willingly defy Bunning again on Monday. He's going to be talking her into going back to jail, telling her she will become a patron saint among the fundies….Not to mention a lot of money from donations and book rights. The question she should ask herself is who's going to buy that book… at full price.

  • 19. ianbirmingham  |  September 11, 2015 at 4:39 pm

    Wellington [FL] Unanimously Passes LGBT-Inclusive Civil Rights Ordinance

    Fifty six counties and 392 municipalities across Florida have yet to move forward with prohibiting discrimination against the LGBT community. But last night, Wellington — the largest village in Florida and the fifth largest municipality in Palm Beach County — unanimously voted to enact an LGBT-inclusive civil rights ordinance establishing that the city opposes discrimination based on race, color, national origin, religion, sex, gender identity or expression, genetic information, sexual orientation, disability, marital status, pregnancy, familial status, or age.

    Palm Beach County Human Rights Council (PBCHRC), which has spurred several cities and municipalities across the state to pass similar ordinance, have been diligently working to persuade elected officials in Wellington to enact the ordinance. Delray Beach passed the ordinance in July, and the group hopes that Lake Clark Shores, and Palm Beach Gardens will soon join in. …

    Florida lawmakers have yet to move forward with prohibiting discrimination against the LGBT community, Hoch tells New Times.

    "Clearly much work needs to be done," he says. "Congress has refused to pass a bill since 1974, and Florida has failed to do so since 2007 So all the work needs to be done on the local level — and it still isn't being done in so many parts of the state." …

    Following Thursday's vote Wellington joins Atlantic Beach, Boynton Beach, Delray Beach, Dunedin, Gainesville, Greenacres, Gulfport, Key West, Lake Worth, Leesburg, Miami, Miami Beach, Oakland Park, Orlando, St. Augustine Beach, Tampa, Venice, West Palm Beach and Wilton Manors among the cities and municipalities that have enacted LGBT-inclusive municipal civil rights ordinances.

    The PBCHRC says the Town of Lake Clarke Shores will be considering an identical LGBT-inclusive civil rights ordinance at their September 15 Town Council meeting. …

    http://www.browardpalmbeach.com/news/wellington-u

  • 20. LK2013  |  September 11, 2015 at 5:16 pm

    Happy news, glad to hear about some progress!

  • 21. F_Young  |  September 12, 2015 at 8:54 am

    Article: Wellington joins Atlantic Beach, Boynton Beach, Delray Beach, Dunedin, Gainesville, Greenacres, Gulfport, Key West, Lake Worth, Leesburg, Miami, Miami Beach, Oakland Park, Orlando, St. Augustine Beach, Tampa, Venice, West Palm Beach and Wilton Manors among the cities and municipalities that have enacted LGBT-inclusive municipal civil rights ordinances.

    I'm surprised that Fort Lauderdale doesn't have a LGBT inclusive civil rights ordinance.

  • 22. ianbirmingham  |  September 12, 2015 at 10:10 am

    Sad but true: Fort Lauderdale Mayor Jack Seiler STILL refuses to endorse marriage equality! — June 18, 2014

    …Commissioner Dean Trantalis presented to the Commission a “marriage equality” resolution, urging state leaders to legalize same sex marriage. The measure passed 3-2, with Commissioners, Trantalis, DuBose and (surprisingly), Commissioner Roberts voting in favor, while ultra-right wing and religious conservative Commissioner Romney Rogers and Mayor Jack Seiler voted against the measure. …

    One city insider knows why. “Jack continues to look for a State appointment. He could care less about the City’s gay community here; he doesn’t want to do anything that will jeopardize his chances of getting a higher political office back in Tallahassee. Supporting this measure would have hurt his chances of getting a state-wide office.”

    And then there is this: There has been a consistent rumor of late that Jack has been courting Republican Governor Rick Scott, and is seeking a possible Lieutenant Governor position under Scott’s administration if Scott gets re-elected. If that is true, it would certainly help explain why Jack is willing to give a “slap in the face” to every progressive person in our City who believes that marriage equality should be supported. …

    http://www.abetterftlauderdale.com/2014/06/sad-bu

    Fort Lauderdale Mayor Refuses to Support Gay Marriage — 04/12/2013

    Fort Lauderdale Mayor Jack Seiler recently told the Miami Herald that he supports civil unions but refused to take a position on gay marriage, saying he doesn’t believe in discussing “hypothetical issues.” … Regarding Seiler’s position, Fort Lauderdale Commissioner Dean Trantalis said it’s better to support equality. “No leader in a free society should condone discrimination,” Trantalis, who is openly gay, said. “It’s best to treat people the same, otherwise, you may be next.” …

    http://southfloridagaynews.com/Local/fort-lauderd

  • 23. VIRick  |  September 11, 2015 at 9:01 pm

    South Carolina Couple Wins State Court Suit for Amended Birth Certificate

    Lexington County, SC – A family court judge has ordered the South Carolina DHEC to issue an amended birth certificate to a married same-sex Lexington County couple, an attorney for the couple said Thursday, 10 September 2015. The order, issued on 26 August 2015, came after a three-year legal battle that the parents, Katie and Tracie Bradacs, have had with the state DHEC in their attempt to have the agency list them both as parents.

    In judge Seigler’s order, he noted that the Bradacses had filed in 2013, and then eventually won, what became a landmark lawsuit in federal court. In November 2014, in "Bradacs v. Haley," District Court Judge Michelle Childs ruled that South Carolina must recognize the same-sex marriages of couples married outside its borders. But after Childs ruled, the state DHEC still wouldn’t put Katie’s name on the birth certificate, Attorney John Nichols said.

    Thus, on 30 June 2015, the Bradacses again filed suit, this time with the 11th Circuit Family Court in Lexington County, SC, a suit which they have now just won. On 31 August, the DHEC complied after the family court ruling and issued the amended birth certificate.

    However, on Thursday, 10 September 2015, the DHEC released the following statement:

    "South Carolina’s statutes and regulations on registration of births focus primarily on collecting and recording the actual facts of birth, not the legal status. That is why the birth mother and biological father are listed on the original birth record. This allows our department to keep accurate vital statistics for our state.

    In order for a birth certificate to be legally changed to include two same-sex individuals as the parents of a child, assuming one of the two individuals is the biological parent, DHEC requires one of two legal certifications:

    A certificate of adoption by which the non-biological parent completes a second-parent adoption of the child; or

    An order of a South Carolina Family Court finding that the two individuals are the legal parents of the child and directing DHEC to list the individuals as the parents on the birth record."

    http://www.wistv.com/story/30002656/judge-order-d

  • 24. Sagesse  |  September 12, 2015 at 5:48 am

    Progress, of a sort. It is so gratifying to see these birth certificate cases being handled properly (ok, you shouldn't have to go to court first). The real hardship for the parents (and the children) were just being ignored by the redefining marriage crowd.

    The first case I recall was a married gay couple who adopted a child from South Carolina (?), and were having real issues with regard to medical care and schooling. The state steadfastly refused to change the birth certificate. That this latest case took three years… and one parent was a biological parent… is heartbreaking.

  • 25. VIRick  |  September 11, 2015 at 9:48 pm

    Hometown Of Kim Davis Gets New Billboard

    "Dear Kim Davis,
    The fact that you can't sell your daughter for three goats and a cow
    means we've already redefined marriage."

    The "Huffington Post" reports:

    Anti-gay marriage clerk Kim Davis is about to get a rude awakening in her hometown. The non-profit organization, Planting Peace, just erected the above billboard in Davis’ hometown of Morehead, Kentucky. The message is plain and simple — if Davis is going to use Biblical rhetoric to justify her opposition to same-sex marriage, she might want to take a closer look at how else marriage has been redefined in relation to that book’s teachings.

  • 26. flyerguy77  |  September 11, 2015 at 11:59 pm

    I'm seeing another show down next week at courthouse……… Davis' attys filed an emergency stay with 6th CA..
    http://www.msnbc.com/msnbc/kentucky-clerk-kim-dav

  • 27. A_Jayne  |  September 12, 2015 at 12:35 am

    I agree there could be a showdown – maybe more than one – the article also says:

    Rowan County Judge Executive Walter Blevins confirmed the Oath Keepers are already in Morehead.

    “I think my sheriff is ready to handle the situation, but in a civilized and mannerly way,” Blevins said.

    Late Friday, the group posted on its website that Davis’ lawyers declined its offer to protect her from the Marshals, and called on its “security volunteers” to stand down.

    I wouldn't count on them to honor that request…

  • 28. flyerguy77  |  September 12, 2015 at 8:24 pm

    I'm predicting she will stop all marriage licenses again on Monday. By Thursday she will be behind bars again.. 6th better denies her hail mary attempts to deny constitutional rights of others..

  • 29. brchaz  |  September 12, 2015 at 12:11 pm

    Elton John has urged Ukraine to stop repressing its lesbian, gay, bisexual and transgender (LGBT) community. Speaking to delegates at the annual Yalta European Strategy forum in Kiev on Saturday, the singer-songwriter said Ukraine had a moral duty to become more tolerant and inclusive. His comments came after 10 people were injured at Kiev's Gay Pride march in a confrontation between police and ultra-nationalist demonstrators, who came to break up the event. …

    http://www.dailymail.co.uk/news/article-3232128/S

  • 30. VIRick  |  September 12, 2015 at 8:07 pm

    Never-Ending Saga of "Miller v. Davis"

    Per Equality Case Files:

    On 11 September 2015, in "Miller v. Davis," the Rowan County Clerk's 6th Circuit appeals, Davis is asking the 6th Circuit Court for a stay of the 3 September order in which Judge Bunning modified the original preliminary injunction to include all eligible couples rather than just the named plaintiffs. That motion is here: http://files.eqcf.org/cases/15-5880-43/

    The 6th Circuit Court and the US Supreme Court have both already denied stays on the original appeal of the preliminary injunction.

    Also, on 11 September 2015, in the side-issue, third-party counter-suit portion of "Miller v. Davis," Judge Bunning, in a very terse ruling, denied Davis's motion for an injunction against the Governor and state Commissioner, pending appeal:

    "IT IS ORDERED that Davis’ Motion for Injunctive Relief (Doc. # 70) be, and is, hereby DENIED. Davis retains the right to reassert her claim for injunctive relief on state law grounds in the appropriate state court." http://files.eqcf.org/cases/015-cv-00044-103/

    Some commentators have asserted that Judge Bunning pulled a "state's rights" maneuver on her here with this order, given that he rather bluntly told her that if she wants to sue the governor, she should do so in state court.

  • 31. VIRick  |  September 12, 2015 at 8:34 pm

    Indiana: Fired Deputy Clerk and More Incompetence

    In "Summers v. Whitis and Harrison County," the discrimination claim filed by the former Harrison County IN employee who was fired for refusing to issue marriage licenses, Plaintiff Linda Summers has filed an amended complaint. Per a motion asking permission to file the amended complaint, it "amend[s] certain factual allegations in numerical paragraphs 11 and 15 of the original Complaint herein, and to attach Exhibits A, B, C and D, which were referred to in the original Complaint but inadvertently not filed with the Court."

    The amended complaint is here: http://files.eqcf.org/cases/415-cv-00093-13/

    Also, the parties filed a joint case management plan ahead of a telephonic initial pretrial conference that was scheduled for 9 September 2015 at 10:30 AM before Magistrate Judge Lynch. It appears the plaintiff's attorney didn't show up. Per an order issued by the judge, the plaintiff's attorney had asked for a continuance, but then didn't file a motion requesting it, per instruction he had to do so. The judge has now issued an order to Show Cause why the attorney failed to file the motion.

    The order to Show Cause is here: http://files.eqcf.org/cases/415-cv-00093-16/

  • 32. VIRick  |  September 12, 2015 at 10:38 pm

    Ohio: Attorneys Seek $1.1 Million-Plus in Legal Fees for Marriage Case

    Cincinnati — Attorneys who brought the Ohio lawsuit that led to a Supreme Court decision legalizing same-sex marriage, in "Obergefell v. Hodges," want a judge to approve their request for more than $1 million in legal fees and expenses from the state. The attorneys say the request is reasonable because of the difficulty of the case and the importance of the issue. They also argued in a filing on Friday, 11 September 2015, for a court-ordered 50 percent enhancement of their $1.1 million request.

    The lawyers say such an enhancement is permissible because their work resulted in a landmark court decision and the attorneys took on a difficult and unpopular case at a very early date. The Cincinnati lawyers represented James Obergefell, who sued Ohio’s health director for refusing to list him as the surviving spouse on his husband’s death certificate. http://www.lgbtqnation.com/2015/09/attorneys-seek

  • 33. VIRick  |  September 13, 2015 at 12:41 am

    De Facto Marriage Equality Comes to Baja California

    Per Rex Wockner:

    In a rather eye-opening maneuver, a judicial official from another Mexican state came to Tijuana on Friday, 11 September 2015, and married five same-sex couples who did not have amparos.

    Realizan Entrega de Actas Matrimoniales a Cinco Parejas del Mismo Sexo
    (Marriage Ceremonies Have Been Performed for Five Same-Sex Couples)

    Tijuana – La Jueza del Registro Civil de Cuauhtémoc, Colima, María del Rosario Silva, entregó actas de matrimonio civil a cinco parejas del mismo sexo en Tijuana; cuatro de mujeres y una de hombres, las cuales se habrían casado en ese municipio.

    La jueza exhortó a los contrayentes a seguir luchando por la igualdad de sus derechos y fortalecer el cariño que se tienen; aseguró que en México cada pareja puede decidir libremente lo que le conviene.

    (Tijuana – The Judge of the Civil Registry of Cuauhtémoc, Colima, María del Rosario Silva, performed the civil marriage ceremonies for five same-sex couples in Tijuana; four of women and one of men, so that they now have been married in this municipality.

    The Judge urged the parties to continue fighting for equal rights and to strengthen the love they have for each other; assuring them that in Mexico each couple can decide what will be appropriate.)

    See more (in Spanish), plus photos, at: http://www.uniradionoticias.com/noticias/tijuana/

    So, it would appear that a visiting judge from the state of Colima, having already moved their own state past the amparo stage and on into full marriage equality, has now done the same for the state of Baja California.

  • 34. VIRick  |  September 13, 2015 at 11:21 am

    To summarize and up-date the current situation in Mexico, there are 32 jurisdictions, all of which must recognize legally-valid marriages performed somewhere else.

    Five jurisdictions have full marriage equality, either by law or by executive order: the Federal District, Quintana Roo, Coahuila, Chihuahua, and Guerrero.

    Six additional jurisdictions have de facto marriage equality by having hit or exceeded the 5 amparo judicial limit, which now places their law prohibiting same-sex marriage in abeyance: Colima, Nayarit, Yucatán, Michoacán, Querétaro, and Baja California.

    In the remaining 21 jurisdictions, same-sex couples still need to obtain a court-ordered amparo before being able to legally marry.

    Five states still have marriage cases pending before Mexico's Supreme court: Jalisco, Yucatán, Nuevo León, Durango, and Puebla, all of which will be struck down in due course. Most states have pending marriage equality legislation, sponsored by the pro-equality PRD. However, in most instances, it is being held up by the anti-equality PAN, and the wishy-washy PRI.

  • 35. F_Young  |  September 13, 2015 at 3:27 pm

    VIRick: "To summarize and…"

    Very concise, indeed.

  • 36. Mike_Baltimore  |  September 13, 2015 at 4:55 pm

    'Concise' means short and using few words.

    What VIRick did was give a very good summary of the situation. In fact, he did NOT state that is was a 'concise' explanation, but he was giving a 'summary and up-date' of the situation in Mexico. I doubt anyone could give an honest 'concise' summary of the situation, as the situation in Mexico is very complicated.

  • 37. VIRick  |  September 13, 2015 at 9:39 pm

    Indeed, Mike! The situation in Mexico is quite complicated and very messy, full of unexpected wrinkles and twists. For example, who would have thought that a visiting judge from Colima, with no forewarning and with zero fanfare, would suddenly marry five same-sex couples in Tijuana in a mass civil ceremony, none of whom had previously obtained an amparo?

    But Judge María del Rosario Silva was correct in her amparo count. I dug back through my archives and discovered that there had been two amparos granted from Mexicali (the second of which came from Mexico's Supreme Court the first time they struck down Baja California's ban), a third was recently granted in Tijuana, and two more had been approved from Ensenada (the second of which also came from Mexico's Supreme Court the second time they struck down Baja California's ban). This latter couple is slated to be married tomorrow, 14 September 2015, at the Ensenada City Hall. The public is invited. But that's five approved amparos, meaning that the Baja California prohibition on same-sex marriage has been in abeyance ever since the granting of that fifth amparo.

    So, just as she had done in Colima, Judge Silva "just happened to be" in Baja California this past Friday, and "just happened to find" five same-sex couples waiting to be married at the Tijuana City Hall, who she then promptly married in a civil ceremony, as proof that the Baja California prohibition is now officially in abeyance, null and void.

    Thus, with Judge Silva in the lead, the diminutive state of Colima has been propelled into the business of exporting marriage equality to some of the more recalcitrant states in the rest of Mexico.

    But this is how it is going to finalize in Mexico, one state at a time, with Judge Silva on tour, officially pronouncing each state's ban null and void by directly marrying a selection of same-sex couples without the benefit of a judicially-approved amparo.

  • 38. F_Young  |  September 14, 2015 at 3:07 am

    VIRick: ….. But this is how it is going to finalize in Mexico, one state at a time, with Judge Silva on tour, officially pronouncing each state's ban null and void by directly marrying a selection of same-sex couples without the benefit of a judicially-approved amparo.

    Rick, are you saying that the judge will be the key player from now on?

  • 39. VIRick  |  September 14, 2015 at 2:05 pm

    This judge and others of a similar mindset. Local judges in Mexico can only approve amparos in their home state, but they have the power to officiate at civil marriage ceremonies anywhere within Mexico, once 5 amparos have been approved in the particular state.

  • 40. ianbirmingham  |  September 14, 2015 at 4:38 am

    Gay Syrian Exile Sounds the Alarm [To The UN Security Council]
    09/10/2015, South Florida Gay News

    Subhi Nahas has a soft and tender voice. … The Syria he grew up in – an open, secular and welcoming country — is no more. Sadly, Nahas says the middle-eastern country has devolved into a chaotic land where living openly as a gay man is impossible.

    On Aug. 24, Nahas made history when he addressed the United Nations Security Council about the persecution of LGBT people by Islamic militant groups. “He’s one of the bravest men on the planet,” said Neil Grungras, founder and executive director of ORAM (Organization for Refuge, Asylum & Migration).

    … with the help of friends, Nahas fled [from Syria] to Lebanon and then to Turkey. “However, Turkey is not a safe place either,” he said. “My friends there have sent me pictures of their wounds from police rubber bullets at Istanbul Pride in June. In July, a gay activist was raped in his own home and my friends report that attacks against LGBT people are escalating by two vigilante militant groups who are posting banners calling to ‘kill gay people,’ in Ankara and Istanbul.’” …

    The U.S. and Chile co-sponsored the closed door briefing at the U.N. as representatives from 11 of the 15 Security Council countries participated. Diplomats from the African countries of Chad and Angola did not attend the meeting, while representatives from China, Russia, Nigeria and Malaysia attended but did not speak.

    “I have witnessed with my own eyes the annihilation of civility and humanity as I knew them,” Nahas told the council. “For millions of Syrians both in and outside the country, time is running out. For my compatriots who do not conform to gender and sexual norms, the eleventh hour has already passed. They need your help now.”

    The current Syrian government, Nahas said, is incapable of protecting its citizens, much less LGBT Syrians. When asked about Syrian President Bashar al-Assad, Nahas replied, “Assad did not do anything to stop the violence and the media refused to report it.” Nahas said many of the Arabic media outlets are mistranslating his words and presenting him as a “pervert.” Meanwhile, militant groups such as ISIL (Islamic State of Iraq and the Levant) continue to publicly execute men simply for being perceived as gay.

    Videos and pictures of men– blindfolded and hands tied behind their backs — being thrown to their death off of rooftops are plastered across social media. The International Gay and Lesbian Human Rights Commission estimates at least 30 men accused of sodomy have been executed by the Islamic State. “ISIL have graphically advertised their murders of men who they claim engaged in same-sex relations. These men have died in circumstances of unimaginable horror – stoned, beheaded, thrown from buildings. These horrific acts are yet more evidence of ISIL’s utter depravity and strategy of instilling fear as a method of warfare,” said United Nations Deputy Secretary-General Jan Eliasson.

    Nahas said he remains in contact with his sister in Syria as well as other gay Syrians who are seeking refuge. “I am trying my best working with ORAM to get them out of Syria and to safety and to give them their lives back,” he said.

    http://southfloridagaynews.com/World/gay-syrian-e

  • 41. Tony MinasTirith  |  September 14, 2015 at 4:57 am

    BREAKING NEWS!!!

    MALCOM TURNBULL UNSEATS TONY ABBOTT as leader of the Liberal Party to become Pime MInister of Australia…

    Malcolm Turnbull will become Australia's 29th prime minister after beating Tony Abbott in a dramatic leadership ballot in Canberra on Monday night.

    Malcolm Turnbull wins party ballot 54 votes to Abbott's 44 votes
    http://www.stuff.co.nz/world/australia/72046444/m

    In July 2012, Turnbull was criticized for saying that civil unions should be accepted as a first step towards full same-sex marriage rights. Turnbull supports gay marriage and a conscience vote for Coalition MP's on the issue.

    Turnbull has previously stated his personal support for marriage equality, and has sought a conscience vote among his party’s MPs on the issue.

    “I would not be troubled if gay couples were able to have their relationships, their unions, termed ‘marriage,” he said back in 2012, and a few times since.

    Abbott has now become the shortest reigning first-term prime minister to be overthrown, Rod Tiffen, an emeritus professor of political science at the University of Sydney, told Reuters.

    Despite Mr Abbott having received criticism for his stance on same-sex marriage, it appears that Mr Turnbull holds the same views on a plebiscite. Souces close to Mr. Turnbull, told the Star Observer that Turnbull would stick with the “party position on a plebiscite on marriage equality”.

  • 42. JayJonson  |  September 14, 2015 at 6:21 am

    This is wonderful news. Abbott deserved to be ousted. Hope that Turnbull allows a conscience vote.

  • 43. Zack12  |  September 14, 2015 at 7:07 am

    Indeed, let's hope by the end of the year, Australia has marriage equality.

  • 44. Tony MinasTirith  |  September 14, 2015 at 7:22 am

    Now with a new Prime Minister, a new cabinet and new ministers will necessarily follow. I think, more than ever, this move signifies that it's only a matter of WHEN, not IF, Marriage Equality will come to Australia. Let's hope it will come to pass in the next 12 to 18 months.

  • 45. SethInMaryland  |  September 14, 2015 at 7:44 am

    OMG YES The chances of marriage equality just went way up in Australia

  • 46. Tony MinasTirith  |  September 14, 2015 at 8:21 am

    The arc of history only bends one way… in the direction of justice. Justice just got a little bit closer…

  • 47. guitaristbl  |  September 14, 2015 at 7:56 am

    He promised to carry through the party promise for a plebescite I am afraid. That said he supports marriage equality and the referendum may come earlier than when Abbott intendes.

  • 48. Tony MinasTirith  |  September 14, 2015 at 8:04 am

    The question is…will he continue to pursue a plebiscite… or a referendum? Perhaps he can even be persuaded to give up those ideas, and just authorize a free vote.

  • 49. SethInMaryland  |  September 14, 2015 at 8:22 am

    He won't. In order to get the numbers to support him he made a promise to stick to a plebiscite. Sigh 🙁 The PM may get behind in support though to help it pass the plebiscite similar to Ireland.

  • 50. Tony MinasTirith  |  September 14, 2015 at 9:26 am

    In the Republic of Ireland, they held a binding Referendum changing the language of the Irish Constitution, not a plebiscite.

    A winning referendum, in Australia, as in Ireland would be a binding change to the language of the Australian Constitution. A plebiscite is basically a non binding advisory survey of the Australian population. A plebiscite with a majority of the population in favor of marriage equality but which did not win a majority of the six states (4 states), may not go anywhere anytime soon if the Libs are still in power. Though the Liberal Party in power would be stupid to ignore a large plebiscite majority in favor of Marriage Equality.
    http://www.peo.gov.au/uploads/peo/docs/fact-sheet

  • 51. SethInMaryland  |  September 14, 2015 at 10:09 am

    I think they would win enough states if does go to a plebiscite . Australia polls even higher then Ireland did. I wouldn't surprised if they brought in some of the Ireland strageist and use some of their moves

  • 52. Tony MinasTirith  |  September 14, 2015 at 5:12 am

    BREAKING NEWS!!!
    Rowan Co Deputy Clerk, Brian Mason, says he'll continue issuing marriage licences despite Boss' objections" AP

    BREAKING: Kentucky clerk says she won't interfere, but also won't authorize gay marriage licenses. AP

    Today is Rowan County Clerk Kim Davis' first day back in the office after a stint in jail for five days for defying a federal judge. Davis told a news conference Monday morning (9/14) any marriage licenses issued would not carry her name, title or her personal authorization. She added she would take no action against deputy clerks who issue licenses, although she does not believe they have the authority to do so.

    "I don't want to have this conflict. I don't want to be in the spotlight. And I certainly don't want to be a whipping post," Davis said, reading from a hand-written statement outside the courthouse where she works. "I am no hero. I'm just a person that's been transformed by the grace of God, who wants to work, be with my family. I just want to serve my neighbors quietly without violating my conscience."
    http://news.yahoo.com/kentucky-clerk-jailed-over-

  • 53. guitaristbl  |  September 14, 2015 at 6:20 am

    She doesnt want to be in the spotlight ? Yeah right..She can believe whatever she wants about the validity of the licenses, the state government recognises them and thats all that matters.

  • 54. Tony MinasTirith  |  September 14, 2015 at 6:39 am

    I think she had little choice in allowing Brian Mason to continue issuing licences. She'd be a big pious hypocrite if she used her weight as "The County Clerk", and fired Brian Mason or any other deputy clerk for exercising their own right of conscience. Well that, and risk violating Judge Bunning's order…again.

    I think Judge Bunning's exercise of giving Kimmy a small taste of prison, had it's intended effect. 😀

  • 55. jcmeiners  |  September 14, 2015 at 7:09 am

    I'd like to see Brian Mason run against her in the next election – as someone who is actually willing and able to do the job he's paid to do.

  • 56. Car_Pool_Cookie  |  September 14, 2015 at 11:36 am

    Do people who don't want to be in the spotlight organize press conferences?

  • 57. Tony MinasTirith  |  September 14, 2015 at 7:00 am

    Instead of accommodating Kim Davis and encouraging her defiance of the law and dereliction of her duties, the Kentucky Legislature, next year, should explicitly amend the law so that deputized County Clerks, whether elected or appointed (I don't know how they become deputy clerks in KY) are authorized to issue marriage licenses and conduct wedding ceremonies for all lawfully eligible couples. The legislature should also write into law that all counties must treat all citizens equally and reasonably always have someone available to provide services to all citizens equally.

  • 58. JayJonson  |  September 14, 2015 at 7:14 am

    You do realize that you are talking about the Kentucky Legislature, don't you? The likelihood of the Kentucky Legislature doing something affirmative of gay rights is near zero. Republican and Democratic leaders of the legislature have both come to the defense of Kim Davis.

  • 59. Tony MinasTirith  |  September 14, 2015 at 7:33 am

    Yes… I know. Just call it the audacity of hope. 🙂

    Sometimes miracles do happen…
    The citizens of KY put in place a republican legislature, yet installed a democratic governor and AG. Go Figure.

  • 60. JayJonson  |  September 14, 2015 at 8:31 am

    Love "the audacity of hope"! We'll need it to cope with backward legislatures in red states.

  • 61. guitaristbl  |  September 14, 2015 at 7:59 am

    I am afraid though they will go way too far with heinous "religious freedom" legislation…The best case scenario at this point is a bill that would remove the clerk's name from marriage licenses (even that is humiliating given that a law will change to accomodate 3 lawless clerks and only because same sex couples can now get married) but I am afraid things will go further than that..

  • 62. Tony MinasTirith  |  September 14, 2015 at 8:10 am

    Now, as the Executive Branch carrying out and enforcing the Law, perhaps Beshear and or his AG can REVIEW the laws on the books and issue a clarifying order/statement , that Deputy Clerks have the authority of the Law to issue Marriage Licences. Does KY law specifically say that only the County Clerk has the authority to issue licenses, or just to confirm that couples that apply meet legal qualifications? I'm no expert on KY law. But it seems to me Davis is over stepping her authority to change the wording on the licenses. What law authorizes KY County Clerks to change the wording on licenses to suit their own personal beliefs? The state's highest executive branch probably can create a form as long as it complies with both KY Law and "The Law of the Land". And of course, anywhere KY Law conflicts with the US Constitution as interpreted by the SCOTUS, those laws must be ignored. A Federal Judge should also have the authority to either redact (US) unconstitutional language from government forms (not the law books themselves), or instruct the government to ignore patently unconstitutional language until the legislature acts accordingly.

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