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.”
In her first televised interview since her 2020 confirmation, U.S. Supreme Court Justice Amy Coney Barrett appeared on CBS Sunday Morning to promote her new book, offering only vague commentary to host Norah O’Donnell in defense of the Court’s legitimacy when asked whether justices might overturn Obergefell v. Hodges.
Barrett was pressed on recent remarks from former Secretary of State Hillary Clinton, who told the Raging Moderates podcast that the Court will likely “do to gay marriage what they did to abortion” and “send it back to the states.”
Gun rights groups are blasting the Trump administration after CNN reported that senior Justice Department officials have been discussing the possibility of restricting transgender U.S. citizens from owning firearms, following the recent mass shooting at a Catholic church in Minneapolis. Although officials described the talks as "preliminary," critics warn that even floating such a proposal scapegoats transgender people and threatens their constitutional rights.
The internal talks appeared to draw on a theory promoted by conservative influencers and media outlets: that transgender people are mentally ill, and that transition-related hormones negatively affect mental health, making them more prone to violence.
Jason Collins, the first openly gay NBA player, is reportedly undergoing treatment for a brain tumor. Collins made headlines more than a decade ago when he came out publicly in a first-person essay for Sports Illustrated.
The 41-year-old former center earned All-American honors at Stanford before being drafted by the Houston Rockets in 2001. Over his 13-year career, he played for several NBA teams, including the New Jersey Nets, Minnesota Timberwolves, Atlanta Hawks, Boston Celtics, and Brooklyn Nets.
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.