12/13 open thread and some Prop 8 news
December 13, 2021
– Equality Case Files has reported that the proponents of Prop 8 have asked the Ninth Circuit Court of Appeals to hear the dispute over unsealing the trial tapes en banc, that is, to rehear the case with a larger panel of Ninth Circuit judges. This is an unsurprising development that we noted the possibility of when the decision came down. The appeals court will vote on whether or not to rehear the case. If they decide to rehear it, they’ll issue another decision. Either way, the losing party can also ask the Supreme Court for review. The en banc petition is here.
This is an open thread. We’ll post any breaking news.
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28 Comments
1.
VIRick | December 13, 2021 at 10:06 pm
Querétaro: First Same-Sex Marriage Takes Place in San Juan del Río (#4)
Per Frente Queretano:
El 10 de diciembre 2021, San Juan del Río, Querétaro, realizó el 1er matrimonio igualitario en su historia, y el 4o. matrimonio sin discriminación en el estado de Querétaro después de la reforma al código civil del estado.
https://www.cronicaregional.com.mx/san-juan-del-r…
On 10 December 2021, San Juan del Río, Querétaro, realized the first equal marriage in its history, and the fourth marriage without discrimination in Querétaro state since the reform to the state civil code.
The first two marriages of same-sex couples since the change in state law both took place back-to-back on 3 December 2021 in the state capital, Santiago de Querétaro, while the third was held on 4 December in the municipality of Pedro Escobedo.
Querétaro: First Same-Sex Marriage Takes Place in Tequisquiapan (#5)
On Monday, 13 December 2021, a female couple was married at the Civil Registry of Tequisquiapan before the judge, Alondra Ledesma, the first such marriage in that municipality since the state law was changed to allow same-sex couples to marry.
https://www.periodicoenfoque.com.mx/estados/celeb…
2.
VIRick | December 14, 2021 at 8:19 am
European Union: Children of Same-Sex Couples to Be Recognized Throughout Union
Per Roi Villar:
Hoy, el 14 de diciembre 2021, el Tribunal de Justicia de la Union Europea ha reconocido el derecho de los hijos de parejas del mismo sexo a ser reconocidos en toda la Unión, también en aquellos países cuya legislación no recoge aún el matrimonio igualitario.
https://twitter.com/erreuvedos
Today, 14 December 2021, the Tribunal of Justice of the European Union has recognized the right of the children of same-sex couples to be recognized in the entire Union, including in those countries whose legislation still does not recognize marriage equality.
The case in question involved Spain v. Bulgaria, that is, the issuance of a Spanish birth certificate to the child of a female couple who was born in Spain versus the refusal of the issuance of further Bulgarian national ID documents based on said birth certificate:
https://www.eldiario.es/sociedad/justicia-europea…
https://www.washingtonblade.com/2021/12/14/eu-cou…
3.
ianbirmingham | December 14, 2021 at 3:05 pm
The Court of Justice of the European Union's press release describing this case (which includes a link to the full ruling):
https://curia.europa.eu/jcms/upload/docs/applicat…
See also:
https://www.euronews.com/2021/12/14/same-sex-pare…
4.
VIRick | December 14, 2021 at 4:18 pm
Zacatecas: State Congress Presently Discussing Marriage Equality Bill
Per Jorge Luis AP:
Comienza discusión del dictamen que aprobaría el matrimonio igualitario en Zacatecas. Hay 9 intervenciones a favor y 2 en contra.
https://twitter.com/JorgeLuis_DH
The discussion of the draft bill that would approve marriage equality in Zacatecas has begun. There are 9 interventions in favor and 2 against.
Durante 2021, al menos 60 parejas del mismo género han contraído matrimonio en Zacatecas.
https://twitter.com/AltavozLgbt/status/1470830559…
During 2021, at least 60 same-sex couples have contracted marriage in Zacatecas.
Despite the fact that state law has yet to be changed to allow for marriage equality, at least 5 municipalities, including the state capital, Ciudad Zacatecas, as well as Fresnillo, the two most-populous cities in the state, both allow such based on Supreme Court jurisprudence and municipal law.
5.
scream4ever | December 14, 2021 at 5:15 pm
I have a feeling things will start to move very quickly in Mexico, kinda like how it was in the US the year before the Obergefell ruling.
6.
VIRick | December 14, 2021 at 5:16 pm
Zacatecas State Congress Approves Marriage Equality Bill, 14 December 2021
Per Luis Guzman:
Con 18 votos a favor, 10 en contra, y 1 abstención (de 30), se aprobó el dictamen que permite la reforma de ley para que en Zacatecas las personas del mismo género se puedan casar.
https://twitter.com/luisigg
With 18 votes in favor, 10 against, and 1 abstention (of 30), the draft bill that permits the reform of the law so that same-sex couples in Zacatecas can marry has been approved.
With this vote, Zacatecas state became jurisdiction #25 (but really, #24 of 32) to approve marriage equality. And depending upon how one counts, this makes Zacatecas the fourth, the fifth, or the sixth state in Mexico to change its law to accommodate such in 2021.
Previously, since 3 November 2017, Baja California allowed same-sex couples to marry based upon a governmental decree issued in accordance with Supreme Court jurisprudence (a decree that was ignored in the municipality of Mexicali, but one that was followed in the municipalities of Tijuana and Ensenada). The state constitutional ban on same-sex marriage was only removed, and a new state law passed, earlier in 2021.
In 2021, new state laws were also passed, and have since been implemented, in Sinaloa, Sonora, and Querétaro,– and now, with today's vote, in Zacatecas. On the other hand, Yucatán has only removed its state constitutional ban, but has yet to pass the secondary enabling legislation. Based upon Supreme Court orders, it has until early March 2022 to do so. Meanwhile, no same-sex couples have yet to be married in Yucatán without their first filing for, and receiving, a judicial amparo allowing them to do so.
7.
scream4ever | December 14, 2021 at 9:55 pm
Lol well that was quick.
8.
VIRick | December 15, 2021 at 7:01 am
It is best to be accurate. Some months ago, there was a big flurry of self-congratulations when the Yucatán State Congress eliminated the state constitutional ban on same-sex marriage, a necessary first step leading to marriage equality. At that point, many commentators in Mexico prematurely began counting Yucatán as a done deal. It is not.
To date, the Yucatán State Congress has failed to pass the secondary enabling legislation. As a result, no same-sex couples have yet been able to marry there without first obtaining a judicial amparo, just as always. In the meantime, 3 other states have passed them by, with same-sex couples already marrying in Sonora and Querétaro, and with Zacatecas now poised to soon follow suit.
Yucatán has always been a hostile, slippery critter. Thus, it is a major mistake to assume anything with regard to that state, let alone that they will ultimately actually comply with Supreme Court orders and their own state constitution by early March 2022. We will count them after they have finalized their compliance, and the governor has signed the enabling legislation into law, and not one minute beforehand.
9.
VIRick | December 14, 2021 at 6:47 pm
The Last States in Mexico without Marriage Equality
Durango – Measure under consideration in state Congress
Edomex – Measure under consideration in state Congress
Guanajuato – State Congress sued in federal court over failure to legislate
Tamaulipas – State Congress under Supreme Court orders to legislate
Veracruz – Supreme Court "Action of Unconstitutionality" ruling imminent
Yucatán – State congress under Supreme Court orders to complete task by March 2022
Guerrero – ??? No action under way
Tabasco – ??? No action under way
Since 2020, the revised state count based upon actual implementation dates (thus skipping Yucatán and reversing the order between Sonora and Querétaro) should be:
#20 – Tlaxcala
#21 – Sinaloa
#22 – Sonora
#23 – Querétaro
#24 – Zacatecas
10.
Randolph_Finder | December 15, 2021 at 6:31 am
And apparently with a Moreno majority in both Guerrero and Tabasco…
11.
VIRick | December 20, 2021 at 7:38 pm
And now, just 6 days later, on 20 December 2021, another state in Mexico has legalized same-sex marriage, this time by governmental executive decree:
#25 – Guanajuato
Looking at the list up above, one can see what happened. Several months ago, the Querétaro State Congress was sued in federal court by LGBT advocates for failure to legislate favorably on marriage equality. Suddenly, fearing financial penalties from a harsh ruling due to the lawsuit, that state congress voted to comply by passing the required legislation, leaving the state governor and the government secretary to fumble about in a vain attempt to head off the inevitable.
Following in their footsteps, LGBT activists in neighboring Guanajuato state then did the same by also suing their state congress in federal court for failure to legislate on marriage equality. Although the state congress had not yet reacted to their being sued, in this instance, the state governor and government secretary did react by quickly issuing a governmental executive decree, effective immediately, to allow same-sex couples the ability to marry in any Guanajuato civil registry office statewide without the need to first obtain a judicial amparo.
12.
VIRick | December 14, 2021 at 8:26 pm
Zacatecas: The Marriage Equality Vote in the State Congress
Per Gabriel Gutiérrez García:
Of the 30-member congress, there were 18 votes in favor:
8 – Morena
3 – PT
2 – PRD
2 – PES
1 – MC
1 – Verde
1 – Nueva Alianza
10 voted against:
6 – PRI
3 – PAN
1 – Nueva Alianza
1 PRI abstained
1 Morena was absent
https://twitter.com/Gabrielgtzg
13.
VIRick | December 14, 2021 at 8:57 pm
Panamá: Marriage Equality Ruling Still Pending at Supreme Court
Per Fuerza Panameña LGBTIQ:
En Panamá, faltan 2 semanas para la salida del Magistrado de la Corte Suprema, Luis Ramón Fábrega, en cuyo despacho se encuentra la decisión del matrimonio igualitario aún sin ser resuelta.
https://twitter.com/Cristia68098239
In Panamá, 2 weeks remain until the departure of the Justice of the Supreme Court, Luis Ramón Fábrega, under whose charge the marriage equality decision is still without resolution.
14.
VIRick | December 15, 2021 at 5:30 pm
Yucatán: Bill with Secondary Laws for Marriage Equality Introduced into State Congress
Per Andrea Tamayo:
Hoy, el 15 de diciembre 2021, la Diputada Vida Gómez Herrera de Movimiento Ciudadano presentó la iniciativa de leyes secundarias para el matrimonio igualitario en Yucatán, en específico el Código de Familia y la Ley de Registro Civil.
https://twitter.com/AndreaTamayoCs
Today, 15 December 2021, the Deputy Vida Gómez Herrera (MC) presented the secondary laws initiative for marriage equality in Yucatán, specifically for the Family Code and the Civil Registry Law.
Per Andrea Tamayo:
El decreto que modificó la Constitución yucateca estableció 180 días naturales para modificar las leyes secundarias, y hoy se cumplen 100 días de ese plazo.
https://twitter.com/AndreaTamayoCs
The decree that modified the Yucatán Constitution established 180 calendar days for modifying the secondary laws, and today completes 100 days of that term.
Until these modifications are actually passed and signed into law, Yucatán is NOT a done deal. Their time to do so will expire on 5 March 2022.
15.
VIRick | December 15, 2021 at 6:59 pm
Zacatecas: The Longest Fight for Marriage Equality
Per Jorge Álvarez Máynez:
El 30 de junio del 2011, iniciamos la lucha legislativa a favor del matrimonio igualitario en Zacatecas. Cuando rechazaron mi iniciativa entre burlas, dije a mis compañeros que su lucha no era contra mí sino contra el tiempo. Y tarde o temprano se aprobaría.
Ese día fue ayer.
https://twitter.com/AlvarezMaynez
On 30 June 2011, we began the legislative fight in favor of marriage equality in Zacatecas. When they rejected my initiative amid scoffs, I told my colleagues that their fight was not against me but against time. Sooner or later it would be approved.
That day was yesterday.
16.
VIRick | December 16, 2021 at 6:05 pm
Yucatán: State Congress Goes into Recess
Now that the marriage equality enabling legislation has finally been introduced into the state congress, as of 16 December 2021, the very day following, the state congress has chosen to go into recess. It will begin its second ordinary session from 1 February 2022.
And this maneuver, of course, will mean that the congress will maximize the time between now and the 5 March 2022 deadline by doing absolutely nothing. In addition, this delay will push the passage of the legislation (assuming it will actually be passed at all) right down to their own deadline date.
The only real question worth asking is this: Since during the first 100 days of their dithering, 3 other states in Mexico have passed them by, during their next 45 days of recess, how many additional states will do likewise?
https://www.poresto.net/yucatan/2021/12/16/matrim…
The reason so many commentators in Mexico erroneously state that marriage equality is a done deal in Yucatán is because Decree 413/2021 was published in the Official State Gazette of 7 September 2021. Said decree modifies the state constitution to allow for marriage equality and cohabitation, and further states that the enabling legislation to actually do so will also be passed within 180 days of the publication of the same Decree 413.
https://www.poresto.net/yucatan/2021/9/8/matrimon…
Unfortunately, too many of these commentators assume that this enabling legislation will be passed within the given time-frame. However, there is absolutely no guarantee that this will actually happen, let alone that it will happen within the specified time.
17.
scream4ever | December 16, 2021 at 10:07 pm
Veracruz will for sure have it by then I'd say.
18.
VIRick | December 17, 2021 at 6:47 am
Veracruz is a certainty. It is merely a matter of time.
At this moment, the "Action of Unconstitutionality" case by the CNDH against the state of Veracruz presently before the Supreme Court is case #184 of the 254 that remain unresolved, that is, it is about 3/4 of the way down the list awaiting resolution. Other unrelated cases both immediately before and after it on the same waiting list have already been decided.
Once the decision against Veracruz is announced, marriage equality will instantly become legal statewide. Said announcement is imminent, and will be our biggest win to date, given that Veracruz is the second-most-populous state in Mexico.
19.
Randolph_Finder | December 17, 2021 at 11:39 am
Wikipedia shows it as third as of 2020
Edomex is 16.9M, (Mexico City is 9.2M), Jalisco is 8.3M, Veracruz is 8.06M
20.
JayJonson | December 17, 2021 at 6:08 am
Lawsuit by Elmira, NY photographer challenging New York's public accommodations nondiscrimination laws on religious grounds has been dismissed by a federal judge. Account of case, including the judge's decision, may be found here: https://www.mytwintiers.com/news-cat/local-news/j…
21.
VIRick | December 17, 2021 at 1:36 pm
New Jersey: Same-Sex Marriage Codification Bill Clears Senate Committee
On 17 December 2021, in an 11-1 vote, the Senate Budget and Appropriations Committee advanced a bill that would codify same-sex marriage into the state statutes, with State Sen. Steven Oroho (R-Franklin) opposed. A week ago, the Assembly Judiciary Committee unanimously approved an identical measure.
If both bills successfully pass their respective houses during the lame duck session – which seems likely, given their near-universal support – same-sex marriage would be formally guaranteed under state law, rather than be protected by judicial order as it is now.
https://newjerseyglobe.com/legislature/same-sex-m…
22.
VIRick | December 17, 2021 at 2:36 pm
Mexican Consulate, Washington: First Same-Sex Marriage Celebrated
Per Consulmex, Washington:
Hoy, el 17 de diciembre 2021, celebramos el matrimonio civil de dos mujeres diplomáticas, integrantes del Servicio Exterior Mexicano. ¡Muchas felicidades, Beatriz y Maite!
https://twitter.com/ConsulMexWas/status/147191542…
Today, 17 December 2021, we celebrated the civil marriage of two female diplomats, members of the Mexican Foreign Service. Congratulations, Beatriz and Maite!
23.
ianbirmingham | December 18, 2021 at 1:55 am
US Flag-Wearing Trumpanzee gets 5-1/4 years (63 months) in federal prison
Robert Palmer, 54, from Largo, Florida, was sentenced on Friday to 63 months as a federal prisoner for his involvement in the January 6 riot, where he sprayed police officers with a fire extinguisher before throwing it at them and also hurled wooden boards and a five-foot pole at them.
https://www.dailymail.co.uk/news/article-10322811…
24.
VIRick | December 19, 2021 at 6:31 am
Yucatán: Slowness, Laziness, Lack of Desire for Marriage Equality
Yucatán: Lentitud, Pereza, Falta de Ganas ante el Matrimonio Igualitario
In the general enthusiasm toward completing the task of having marriage equality legalized nationwide in Mexico, not everyone has been fooled into erroneously and prematurely counting Yucatán as a done deal, particularly now that the state congress has gone into recess without having touched upon the need to revise the secondary laws to allow it.
At this precise moment, marriage equality is legal in 24 of the 32 jurisdictions of Mexico, including Zacatecas, the most recent state to pass the required legislation. It is still not legal in the last remaining 8 states, including Yucatán.
Per mamapapa_soygay:
Yucatán, ejemplo de desidia ante la aplicación de leyes para su población LGBT.
https://twitter.com/mamapapa_soygay
Yucatán, an example of sloppiness in the application of laws for its LGBT population.
Per Yucatán.com:
Enlaces LGBT en Yucatán, solo en el papel todavía.
https://www.yucatan.com.mx/merida/enlaces-lgbt-en…
LGBT links in Yucatán, still only on paper.
This latter critique is excellent, as it thoroughly explains in Spanish the shortcomings in law at present in Yucatán, much as has already been explained up above in English. Still, several additional points were noted:
1. The courts have already written a revised portion of the Family Code and the Civil Registry Law as pertaining to marriage, which the State Congress would need to approve.
2. Once they have returned to session, the State Congress will have only 33 days remaining in which to finalize the necessary changes in law.
25.
VIRick | December 19, 2021 at 7:02 pm
Chile: Leftist Gabriel Boric Elected President
On Sunday, 19 December 2021, Chileans elected 35-year-old Gabriel Boric as their next president, making him the youngest person elected president in the country's history.
Boric, a lawmaker and former student protest leader, incorporated promises of radical reforms on inequality into his platform, including raising taxes on the rich, expanding the country's social safety net, creating a greener economy, and drafting a new Constitution.
His election also assures that marriage equality will remain law in Chile. Boric's right-wing, anti-LGBT opponent, José Antonio Kast, conceded only 90 minutes after polls had closed.
https://www.msn.com/en-us/news/world/chile-elects…
Two days ago, the 99-year-old widow of Augusto Pinochet, the former military dictator of Chile, died. At the same time, Isabel Allende Bussi, the daughter of the previous president to him, Salvador Allende, the president slain in the 1973 coup, continues to be a senator in the Chilean Senate, and a leading member of the Socialist Party, currently representing Valparaíso. Previously, while serving as President of the Senate, she was a senator representing Atacama. She is also second-cousin to the Chilean author bearing the same name, Isabel Allende.
26.
scream4ever | December 19, 2021 at 10:12 pm
So much good news!!!
27.
ianbirmingham | December 19, 2021 at 9:16 pm
A retail legacy born of love: Keke’s Dream Pride store is open – and thriving – at the Mall of New Hampshire
MANCHESTER, NH – Keke’s Dream LGBTQ+ sits in a corner of the Mall of New Hampshire next to Gamestop, among a variety of clothing, food, and memorabilia outlets. It is, at first glance, an unassuming wildly colorful store. It is the kind of store one expects to find in a mall during the third decade of the 21st century: a store entirely devoted and dedicated to gay pride items.
Keke’s Dream – so named due to Marcoux’s son having the nickname Keke – started out as a kiosk in the mall. After working there for three months, interest was so high that Marcoux decided he needed to take another step. “The response was so incredible, that we decided to open our own store,” Marcoux said. “We quickly learned once we opened the store, we are the only Pride store in New Hampshire that is exclusively Pride. We want nothing more than to grow this establishment and hopefully have them everywhere. People deserve to have products they want and need.”
Customers have come from Vermont, Maine, and all over New England to see Marcoux’s new Pride store, lured there by various social media posts. The draw, Marcoux explains, has to do with the lack of year-round Pride stores anywhere in New England. The nearest one he has found is near Cape Cod, a three-and-a-half-hour drive away from Manchester.
Marcoux’s personal journey started when his son came out to him. He then discovered, in a short amount of time, that, “gay people are the nicest folks I ever met.” When speaking about his son, his face shows effusive joy combined with illimitable happiness. Rather than opening the store just for the holiday season, his plan is to keep the store open all throughout the year and eventually hand it over to his son, Keith Marcoux Jr.
https://manchesterinklink.com/a-retail-legacy-bor…
28.
VIRick | December 20, 2021 at 10:08 am
India: Gay Couple Wed in Hyderabad Despite Uncertainty over Gay Marriage
Per LGBT Marriage News:
In a first for the southern Indian state of Telangana, two men celebrated their same-sex union with a wedding ceremony in the city of Hyderabad on Saturday, 18 December 2021. Abhay Dange and Supriya Chakraborty wore white tuxes, exchanged rings on a lavish marquee in what they called a “promising ceremony,” and referred to each other as “soul mates,” reported local media.
While India struck down a colonial-era law in 2018 that criminalized gay sex, there is no law allowing same-sex marriage. This meant that the couple was not able to legally register their marriage. Still, they told local media they wanted to find a way to celebrate, and officially mark their relationship, despite this.
They said they wanted their wedding to normalize same-sex relationships in India, while helping those in the closet come out. “We hope to live in a world with no closets,” they told "The New Indian Express" newspaper. The event, which took place on the outskirts of Hyderabad, was attended by friends, family, and members of the LGBTQ community.
https://apnews.com/article/lifestyle-india-relati…