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Equality news round-up: The Alabama Supreme Court strikes again, and more

LGBT Legal Cases Marriage equality Marriage Equality Trials

Alabama state seal– The Alabama Supreme Court has denied recognition of a same-sex adoption from Georgia. The couple lives in Alabama now.

– Republicans in Tennessee introduced a bill purporting to ignore the Supreme Court’s Obergefell decision.

-Last week it was reported that a deputy clerk in Rowan County had suggested to the federal judge that Kim Davis may possibly be interfering with marriages by altering the licenses. Here is the actual filing.

Thanks to Equality Case Files for these filings

39 Comments

  • 1. Tony MinasTirith  |  September 21, 2015 at 1:23 pm

    Breaking News….

    It's official… another anti marriage equality republican candidate bites the dust (though to be fair, aren't they all anti marriage equality?). Scott Walker drops out of 2016 Presidential Race. Two down…20 or 30 more to go 🙂
    http://www.usatoday.com/story/news/politics/elect

    The house of Reince Preibus is starting to crumble. Walker did the smart thing. Really everyone who's now below Carly Fiorina in the Polls should quit.

    Someone please close the italics html tag at the top of the page. 🙂
    YAY!!! It's Fixed!

  • 2. SethInMaryland  |  September 21, 2015 at 1:48 pm

    tomorrow will be the vote on the marriage equality bill for Jersey in Channel Islands I think. I know it's sometime this week

  • 3. Tony MinasTirith  |  September 21, 2015 at 1:55 pm

    Have you heard anything about marriage equality progress in the Isle of Man?

  • 4. SethInMaryland  |  September 21, 2015 at 7:12 pm

    I'm not sure about the Isle of Man. The last I saw about anything about Isle of Man it it was looking like 2016

  • 5. josejoram  |  September 21, 2015 at 2:47 pm

    And we thought that EOT had nothing to do now when marriage equality is the law of the land!

  • 6. jjcpelayojr  |  September 21, 2015 at 3:46 pm

    Anyone else only seeing 4 comments when the counter says 7?

    Jesse

  • 7. davepCA  |  September 21, 2015 at 3:47 pm

    Yes.

  • 8. Tony MinasTirith  |  September 21, 2015 at 3:51 pm

    yup yup yup

  • 9. Deeelaaach  |  September 22, 2015 at 11:31 pm

    I was seeing that earlier today also, only the counter said 4 and there was only 1. I left the site for the day when it said 6 and there were 3 comments. Strange.

  • 10. ianbirmingham  |  September 21, 2015 at 3:50 pm

    Global outrage and disgust as ex-hedge funder, 32, becomes the most hated man on the Internet as he defends jacking up the prices of AIDS medication by 5,500%
    * Martin Shkreli, 32, founder and chief executive of Turing Pharmaceuticals, purchased the rights to Daraprim in August for $55 million
    * Daraprim treats toxoplasmosis, an opportunistic parasitic infection that can cause serious and life-threatening problems, primarily in babies and people with compromised immune systems.
    * As the drug has been passed from one pharmaceutical company to another, the price per tablet has steadily increased from $1 to $13.50. But when Shkreli acquired the drug, he increased the price almost 5,500 per cent to $750 per tablet.

    http://www.dailymail.co.uk/news/article-3243938/E

  • 11. stevew999  |  September 21, 2015 at 3:54 pm

    HA! Check out this clerk's report to the judge. Either someone has a wicked sense of humor, or they're completely nutty. 🙂
    http://files.eqcf.org/cases/015-cv-00044-118/

  • 12. Tony MinasTirith  |  September 21, 2015 at 4:14 pm

    OH Marry Jezus and Joseph. Jesus can't get married again, he's already married to "The Church"…unless he now authorizes bigamy. But when you're "the lord" I guess you can do anything you want… go figure.

    Unless this verse from revelations means something TOTALLY Different than we thought…

    "Let us be glad and rejoice, and give honour to him: for the marriage of the Lamb is come, and his wife hath made herself ready" (Rev. 19:7)

    Uhhhhh….. Marriage between two men is not ok, but marriage between one Lamb and one woman….that gets a go? Who knew lambs could have a wife.

  • 13. TDGrove  |  September 21, 2015 at 6:18 pm

    Best court filing ever. Must read.

  • 14. ianbirmingham  |  September 21, 2015 at 4:59 pm

    Gay Military Members Reflect on Service Before and After DADT

    http://www.military.com/daily-news/2015/09/21/gay

  • 15. Fortguy  |  September 21, 2015 at 6:42 pm

    The Houston Chronicle has published their endorsement of HERO.

    Charles Kuffner, Off the Kuff: Endorsement watch: What needs to be said

    The editorial is behind a paywall, but Kuffner's link to the endorsement should get you through that. Read it all. The Chron provides a terse rebuke of opponents' potty panic strategy:

    For ordinance opponents, facts are irrelevant. They’re using what they consider their most effective tool to defeat an ordinance that partially benefits a group of people whose lifestyle they don’t support. That’s their real motive. They know that their best hope is to prey on parents’ concerns about the safety of their children and to gin up always lurking discrimination against gays and the transgendered. To be blunt, they’re playing their fellow Houstonians for chumps.

    Ouch!

  • 16. Fortguy  |  September 21, 2015 at 7:36 pm

    Up in the Collin County 'burbs north of Dallas, there will be wedding bells this fall. Vic Holmes and Mark Phariss of Plano, who together were one of the two plaintiff couples in De Leon v. Perry in which federal Judge Orlando Garcia struck down Texas' marriage ban, will be marrying in Frisco.

    Robert T. Garrett, The Dallas Morning News: Gay marriage plaintiffs to wed in Frisco — Texas, that is

    The other couple, Cleopatra De Leon and Nicole Dimetman, had previously married in Massachusetts and sought recognition of their marriage through the lawsuit. They are expected to attend the wedding.

    Holmes, who is an Air Force veteran, and Phariss have planned a patriotic touch for their November ceremony. Their wedding rings will be carried on two American flags. One flew over the U.S. Capitol on April 28, the day the Supreme Court heard oral arguments in the landmark case, Obergefell v. Hodges. The other flew atop the nation’s Capitol June 26, when the justices issued their decision.

    Awesome!

  • 17. 1grod  |  September 21, 2015 at 7:43 pm

    AL Supreme Court Justice Greg Shaw was the lone dissenter in Friday's decision in EL v VL. Judge Shaw was also the lone dissent in the March 3 2015 temporary injection against probate judges issuing marriage licenses – http://ftpcontent4.worldnow.com/waff/same-sex-hal… at page 136. He shows strong analytical ability.

  • 18. flyerguy1977  |  September 21, 2015 at 11:07 pm

    I hope they will appeal to SCOTUS………. AL SC has no right to overturn a legal adoption.

  • 19. stevew999  |  September 21, 2015 at 7:45 pm

    On a more serious note…plaintiffs filed a motion in regards to the altered marriage licenses in Rowan County.
    http://files.eqcf.org/wp-content/uploads/2015/09/

  • 20. 1grod  |  September 21, 2015 at 7:46 pm

    Plaintiffs reply to Rowan County Clerk Kim Davis – Motion to enforce Sept 3 and Sept 8 orders, by placing office under receivership. http://files.eqcf.org/cases/015-cv-00044-120/

  • 21. 1grod  |  September 22, 2015 at 6:13 am

    Exhibit A of the plaintiff's motion is a scanned copy of the changed Marriage License, changed since Ms. Davis returned from jail. To be issued under the prescribed authority of the clerk or deputy of an identified county, bearing the signature of either, the changed license identified Mr Mason as a notary public of the state, not county, has his initials only and stated issued under the authority of federal court order #. Recall Ms Davis was required to not interfere with the issuing of licenses. I assume that she is either an employee of the county or the state. Can neither constrain her actions, discipline her? In an earlier hearing, Ms Davis said that the 'form' was computer generated, and she was not skilled in making changes to it. Who changed the form – did she hire some one to do it?
    The deputy clerks are in a dilemma, follow her instructions or those of the court. Time to hold her to account!

  • 22. jjcpelayojr  |  September 22, 2015 at 7:55 am

    What part of "direct or indirect interference with the issuance of licenses." from Judge Bunning's order did she not understand?

    This is pretty easy to prove that she interfered directly.

    Jesse

  • 23. 1grod  |  September 22, 2015 at 1:57 pm

    If Kim 'fucked-up' the validity of the marriage license with instructions to issue them, she is bringing the administration of 'ministerial duties' and because of the court order 'justice' into disrepute. Whoever supervises her and other clerks should place her on indefinite administrative leave and assign one of the deputies as the acting clerk. If life in that state could be so simple: http://www.lrc.ky.gov/lrcpubs/ib114.pdf

  • 24. Bruno71  |  September 22, 2015 at 2:17 pm

    I'm not sure if you were being rhetorical, but it's well-known that no one really "supervises" Kim Davis. She's an elected official that doesn't really answer to anyone other than the voters and the legislature (if they were to bring an impeachment), although her tasks are clearly delineated in state law. Unfortunately, the only people with the power to remove her likely won't, so it may be up to Judge Bunning again to cart her off to jail to prevent her interference. And I think the receivership request sounds promising, too.

  • 25. davepCA  |  September 22, 2015 at 2:40 pm

    Hmmm. I'm wondering if, at this point, with evidence that she has continued to interfere with the licenses and continued to violate the court's orders, the judge would have some option other than jailing her which would have the effect of removing her from the work place and preventing her from having any effect on the activities in that office.

  • 26. Bruno71  |  September 22, 2015 at 4:30 pm

    That's what I was wondering about with the ACLU's "receivership" request. My IANAL-style analysis brings me to believe that he could essentially have the court take over her office and appoint people to run it. It wouldn't technically remove Kim Davis from office, I think, but realistically it would do so. That is, if I'm understanding the concept correctly, and if Bunning indeed has the power to do that.

  • 27. davepCA  |  September 22, 2015 at 4:55 pm

    Yeah, that's what I was thinking. I guess we'll find out. And of course then there's the matter of her continuing to receive the $80,000 salary for doing nothing, but that can be addressed as a separate matter, by parties other than the courts….

  • 28. JayJonson  |  September 23, 2015 at 6:24 am

    The plaintiffs' recommendation is that the receivership to a limited one restricted to marriage licenses; hence, it would not remove her from office or prevent her from doing other things. (In reality, I doubt that Davis does very much except file her nails while the clerks do all the actual work of the office.) I doubt that the receivership if instituted would affect her salary in any way.

  • 29. 1grod  |  September 23, 2015 at 8:00 am

    The population of Rowan County is 23,334 and the county seat is Morehead population 6845. Are there not 5 deputy clerks.
    Ranks in order of size of population Rowan is the 49/120 largest, the county with the largest having 741096 citizens and the smallest having 2,282; the county with the median population has 18,306 citizens .

  • 30. 1grod  |  September 22, 2015 at 6:38 pm

    Bruno, you well summaries the plaintiff's recommendation to the judge, except Ms Daves has a range of duties as can be see in the link below. Her duties related to marriage would be placed under the authority of an individual appointed by the court. Alternatively, as suggested under penalties [pg 74] in the same link below, a judge can find a clerk guilty of issuing licenses that do not conform to requirements under the Act. The judge can fined and removed the occupant from office. But I doubt if these sections of the Act have yet to be repealed. See: pg 53-74 http://www.lrc.ky.gov/lrcpubs/ib114.pdf

  • 31. Bruno71  |  September 22, 2015 at 7:23 pm

    I'm not sure what part of the Act Davis violated, if any. However, I believe the judge that could convict and subsequently remove her would have to be a state court judge, as I don't think Bunning can adjudicate a state law issue such as this without violating federalist principles. At this point, the only options would seem to be jail or the receivership.

  • 32. Mike_Baltimore  |  September 21, 2015 at 9:53 pm

    TSA delays the travel plans of a transgender woman:
    ( http://www.nbcnews.com/news/us-news/transgender-w… )

  • 33. SethInMaryland  |  September 22, 2015 at 7:20 am

    http://www.itv.com/news/channel/story/2015-09-22/

    live updates going on in Jersey

  • 34. SethInMaryland  |  September 22, 2015 at 8:52 am

    Breaking News: Jersey parliament has just voted to legalize marriage equality 37 votes for and 4 votes against, with one member abstaining
    http://www.itv.com/news/channel/story/2015-09-22/

  • 35. ashphx  |  September 22, 2015 at 5:01 pm

    Did one of the lawyers whom are responsible for filing weekly status updates not proof-read?

    Looks like it says "Mr. Davis" is the only clerk issuing marriage licenses..
    http://files.eqcf.org/wp-content/uploads/2015/09/

  • 36. sfbob  |  September 22, 2015 at 5:42 pm

    Oops. Clearly someone had that name on their mind.

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