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Author Topic: Federal Judge Strikes Down Part Of KY Marriage Ban.  (Read 498 times)

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Offline tednlou2

  • Member
  • Posts: 4,757
Federal Judge Strikes Down Part Of KY Marriage Ban.
« on: February 12, 2014, 01:11:16 PM »
I am so excited.  I just saw our governor on national TV, being rational, compassionate and smart about healthcare, and now I see this.  As I wondered, it seems this is narrowly focused to couples married in other states and countries where it is legal and does not say the state must perform marriages here.  But, this is still a huge fucking deal. 

So, unless some constitutional scholars say this would have to strike down the whole ban (which doesn't seem the case), then I'm ready to pursue being a plaintiff.

http://www.courier-journal.com/article/20140212/NEWS10/302120050/Kentucky-ban-gay-marriages-from-other-states-struck-down-by-federal-judge

Offline Miss Philicia

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  • Posts: 23,869
  • celebrity poster, faker & poser
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #1 on: February 12, 2014, 01:26:51 PM »
So will you be going to another state to get married so that it will be recognized in your own state?
"Iíve slept with enough men to know that Iím not gay"

Offline Dan0

  • Member
  • Posts: 357
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #2 on: February 12, 2014, 09:53:36 PM »
I'm not certain how well this will come out....but from JoeMyGod blog, here is the update on which states currently have lawsuits against their marriage bans. You may not have to wait long or drive far!


"Drink your milk and take your meds!"

"Honey, you should never ask advice from a drunk drag queen who has a show to do." - JG

06/2002 DX
10/2006 Atripla UD
10/2013 Stribild Still UD

Offline tednlou2

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  • Posts: 4,757
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #3 on: February 12, 2014, 10:00:27 PM »
So will you be going to another state to get married so that it will be recognized in your own state?

That is something we discussed today.  We had plans to marry in NYC on 12-12Ė12.  However, we decided we wanted to wait until we could marry here at home.  And, it seems the judge is just waiting for someone to bring suit on that.  We were just discussing contacting the lawyers in this case, but read they are going to file suit on Valentines Day for a couple.  I suppose we could join that lawsuit. 

The LA Times reported it this way:

"...Heyburn ruled accordingly and hinted that Kentucky's remaining restrictions on the practice may be doomed if someone files a lawsuit requesting the right to marry inside state borders: There was "no doubt" that the Supreme Court's ruling on the Defense of Marriage Act "suggest a possible answer to that question," Heyburn noted."

So, it seems he was suggesting he is just waiting for a case.

Modified to add the LA Times article

http://touch.latimes.com/#section/-1/article/p2p-79278770/
« Last Edit: February 12, 2014, 10:11:52 PM by tednlou2 »

Offline buginme2

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  • Posts: 2,834
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #4 on: February 12, 2014, 10:33:47 PM »


I also saw the governor of Kentucky on one of the news talk shows a few weeks back discussing the health care law.  I was taken about how rational and thoughtful he was discussing the issue.  Kentucky has gotten some very positive press lately over the states implementation of Obamacare.  Then throw Rand Paul's libertarian advocacy and KY is front and center on many issues.

Personal suggestion Ted, as someone who got gay married last year.  Try and separate yourself as far as possible from the "gay marriage" broohahah.  Get married in the place you want at the time you want on your terms.   It would be cool to be a plaintiff in the lawsuit that gets marriage equality for your state, but dont let your marriage become a cause.   Even when you do it on your terms you will still run into that (we did) and it was hard to avoid.

Offline tednlou2

  • Member
  • Posts: 4,757
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #5 on: February 13, 2014, 10:40:31 PM »
Breaking tonight-- Federal Judge rules Virginia's ban is unconstitutional.  The walls are crumbling.

http://www.nbcwashington.com/news/local/Federal-Judge-Rules-Va-Gay-Marriage-Ban-Unconstitutional-245473531.html

Offline Dan0

  • Member
  • Posts: 357
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #6 on: February 14, 2014, 12:02:42 AM »
And the map of legal challenges has already changed in the past 24 hours. Your neighbors to the South now have a legal challenge...."Alabama....come on down!"

ALABAMA: SPLC Sues For Marriage

Via press release from the SPLC:

The Southern Poverty Law Center (SPLC) will announce on Thursday a federal lawsuit challenging the constitutionality of Alabamaís prohibition against recognition of out-of-state marriages of gay and lesbian Alabamians. The lawsuit seeks to invalidate those provisions of Alabamaís Marriage Protection Act and the Sanctity of Marriage Amendment that prohibit such recognition. The SPLC will announce the lawsuit on behalf of Paul Hard, who married Charles David Fancher, both Alabamians, in Massachusetts. David was later killed in a car crash North of Montgomery that led to a wrongful-death case on Davidís behalf. Alabama law now prevents Paul from being recognized as the surviving spouse, thereby precluding him from sharing in any proceeds of the wrongful death case. Paulís lawsuit seeks recognition of his marriage under the Equal Protection and Due Process Clauses of the U.S. Constitution.
And that reduces the number of states NOT fighting a marriage equality lawsuit to nine: Georgia, Indiana, Kansas, Montana, Nebraska, North Dakota, Ohio, South Dakota, and Wyoming, (Kansas, Montana, and Ohio are fighting marriage-related suits that do not seek that do not seek legalization.)






"Drink your milk and take your meds!"

"Honey, you should never ask advice from a drunk drag queen who has a show to do." - JG

06/2002 DX
10/2006 Atripla UD
10/2013 Stribild Still UD

Offline tednlou2

  • Member
  • Posts: 4,757
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #7 on: February 14, 2014, 12:15:35 AM »
I heard Indiana will not be putting their ban on the November ballot.  I guess they realize they don't want to be written about in the history books as the last state to do it, when the ship was turning around? 

The lawyers in our case here in KY, who went to court on KY recognizing marriages for other jurisdictions, will file suit tomorrow (Valentines Day) to get rid of our ban completely.  The judge in yesterday's case seemed to say he was just waiting for that case.  Many wondered why the plaintiffs did not ask for full marriage equality here.  As I'm learning, they wouldn't have standing for that, since they were already married.  I've been learning about standing and how all this works. 

Still confused on the district judge issue.  In the Utah case, I heard many say that could mean marriage equality for all the states in that district.  So, I am confused when a ruling only applies to one state and not the entire district, but other times it applies to all the states in that district. 

Offline Dan0

  • Member
  • Posts: 357
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #8 on: February 14, 2014, 12:42:00 AM »
The case in Indiana is a bit strange. The house voted to approve a ballot measure and the Senate approval of the amendment had an 'edit' which removed a clause that referenced substantially similar arrangements ... Like civil Unions. Without the two bills being identical, it can't go on the ballot this November. Essentially, the senate ban did not include a ban on Civil Unions....the House ban did.

The last thing they want on the ballot is an unstable amendment that might bring more people out to vote. They (conservatives) have to play to their base so this appears to be a good compromise for them. "We did all that we could...."

And meanwhile in Wisconsin, there is a planned rally at the Capitol soon to spur the removal of the State ban in the constitution. Our Bigot-in-Chief, Julaine Appling, the head of Wisconsin Family Action is probably spitting tacks at this. She was instrumental in getting the amendment passed a few years ago. I'm certain that she and her same sex housemate of many, many, MANY years are having quite the conversation tonight in their living room.

This is the bile we deal with in this state:

http://www.quest-online.com/NewFiles/Quest_Newsroom_234a.html

This is the person that -more than any elected official in the state - brought our ban into being. She has all the appeal of a toxic pseudo-intellectual barfly.


......and we used to be so progressive!
« Last Edit: February 14, 2014, 12:48:55 AM by Dan0 »
"Drink your milk and take your meds!"

"Honey, you should never ask advice from a drunk drag queen who has a show to do." - JG

06/2002 DX
10/2006 Atripla UD
10/2013 Stribild Still UD

Offline Joe K

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  • Member
  • Posts: 3,488
  • 30 Years Poz
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #9 on: February 14, 2014, 01:01:45 AM »
I wish you folks luck in getting equal rights and it is one of the main reasons that I moved back to Canada.  I vowed to myself that, before I die, I would live in a county that viewed me as an equal citizen.  America is getting there, but you have many more years to go.

Joe
Life is what happens, when you are busy making other plans.

Though you may be only one person in the entire world, to one person, you may be the entire world.

I wish to become half the man, that my dog thinks I am.

Remember me with simple acts of kindness and I will live forever.

Offline Dan0

  • Member
  • Posts: 357
Re: Federal Judge Strikes Down Part Of KY Marriage Ban.
« Reply #10 on: February 14, 2014, 12:30:22 PM »
....and from your neighbors to the North (and a little west).....a little good news. A legislative attempt to repeal our ban. Not that it will go anywhere with our 'Kansas-esque' Republican controlled legislature or our Governor, Scooter, who is planning his Presidential bid in 2016 (I wonder how Hillary typically devours crack-pot Governors for lunch?), but it's great to see the effort.

http://www.jsonline.com/news/statepolitics/legislative-push-launched-to-end-wisconsins-gay-marriage-ban-b99204929z1-245409261.html?ipad=y


Can we borrow your federal judge ?
"Drink your milk and take your meds!"

"Honey, you should never ask advice from a drunk drag queen who has a show to do." - JG

06/2002 DX
10/2006 Atripla UD
10/2013 Stribild Still UD

 


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