Photo: Eric Holder. Credit: The Aspen Institute/flickr.
Attorney General Eric Holder announced Friday that marriages taking place in states impacted by the U.S. Supreme Court’s decision not hear several cases challenging same-sex marriage bans will be recognized by the federal government.
“I am pleased to announce that the federal government will recognize the same-sex marriages now taking place in the affected states, and I have directed lawyers here at the Department of Justice to work with our colleagues at agencies across the Administration to ensure that all applicable federal benefits are extended to those couples as soon as possible,” Holder said in a video released by the Justice Department. “We will not delay in fulfilling our responsibility to afford every eligible couple, whether same-sex or opposite-sex, the full rights and responsibilities to which they are entitled.”
On Oct. 6, the U.S. Supreme Court declined to hear arguments in cases challenging same-sex marriage bans in five states — Utah, Oklahoma, Virginia, Indiana and Wisconsin — thus allowing lower court decisions legalizing marriage equality in those states to stand. Because the Supreme Court left intact rulings by the 4th Circuit, 7th Circuit and 10th Circuit Courts of Appeals striking down same-sex marriage bans in those five states, those appeals courts’ decisions applied to six other states in those three circuits: West Virginia, North Carolina, South Carolina, Kansas, Colorado and Wyoming.
One day later, in a decision unrelated to the Supreme Court’s Monday decision, the 9th Circuit Court of Appeals ruled unanimously that same-sex marriage bans in both Idaho and Nevada are unconstitutional. The three judge panel heard arguments last month considering the bans, as well as Hawaii’s, although the Hawaii ban is defunct since same-sex marriage was legalized by the state Legislature. That decision is expected to apply to Alaska, Arizona and Montana, which are covered by the 9th Circuit.
Due to those two decisions by the Supreme Court and the 9th Circuit, marriage equality is on the path to being legalized in a total of 35 states, plus D.C.
“With their long-awaited unions, we are slowly drawing closer to full equality for lesbian, gay, bisexual, and transgender Americans nationwide,” continued Holder, who announced last month that he would step down as attorney general once a successor is nominated and confirmed.
Although every federal appeals court to consider same-sex marriage bans have struck them down, Holder noted that a split among the circuit courts could occur, alluding to a long-awaited decision by the 6th Circuit Court of Appeals. That court, when considering the constitutionality of same-sex marriage bans in in Michigan, Ohio, Tennessee and Kentucky this past August, appeared most skeptical to ruling on the side of marriage equality. The court has not yet issued decisions in those cases.
“[I]f a disagreement does arise, the Supreme Court may address the question head-on,” Holder said. “If that happens, the Justice Department is prepared to file a brief consistent with its past support for marriage equality.”
A billboard in Lima, Ohio, sponsored by a national organization seeking to overturn marriage equality has sparked backlash from LGBTQ advocates across the state.
The sign features rainbow-colored words against a black-and-white photo of an opposite-sex couple with children. It reads: "Not child has two dads. No child has two moms."
The billboard is part of a campaign by Them Before Us, a Seattle-based national organization seeking to reverse the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges. The group, which argues that the sole purpose of marriage is to procreate and raise children, belongs to the coalition behind "Greater Than," an anti-marriage equality campaign backed by nearly four dozen right-wing and anti-LGBTQ organizations.
The board of directors of Log Cabin Republicans, a gay conservative political advocacy group that touts itself as dedicated to "building a more inclusive GOP," announced that it was dropping support for transgender rights from its mission.
Since its founding in the late 1970s, the group has promoted conservative values and policies -- grounded in the constitutional principles of equal protection under the law, limited government, and individual freedom -- while advocating for equal rights and fairness regardless of sexual orientation.
A gay couple that is owed more than $560,000 in damages and legal costs after being denied a marriage license by former Rowan County Clerk Kim Davis has filed a new lawsuit alleging that she transferred inherited property to family members to avoid paying the judgment.
David Ermold and David Moore were turned away by Davis's office when they attempted to obtain a marriage license in 2015. In 2023, a federal jury found that Davis had violated their constitutional rights and awarded them $100,000 in damages.
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