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.”
U.S. Rep. Nancy Mace once cast herself as an LGBTQ-friendly Republican. She has since become one of Congress’s loudest opponents of transgender rights -- and is now echoing a familiar refrain used by opponents of same-sex marriage on social media.
"Adam and Eve, not Adam and Steve," wrote Mace on X, repeating a long-used slogan that mocks same-sex relationships as “abnormal” and frames homosexuality as contrary to the Bible. The South Carolina congresswoman is currently running for governor.
A community note soon appeared under Mace’s post, pointing out that she voted twice for the Respect for Marriage Act -- once during its initial passage, and again when the House approved the Senate’s version. The 2022 law requires both federal and state governments to recognize same-sex marriages performed in states where they’re legal.
Abigail Spanberger, the Democratic nominee for Virginia governor, has released a new ad attacking her Republican rival, Lt. Gov. Winsome Earle-Sears, for claiming during a recent debate that firing someone for being gay -- or for opposing same-sex marriage -- does not amount to "discrimination."
Titled "That's Not Discrimination," the ad focuses on Earle-Sears' long record of opposing LGBTQ rights throughout her two-decade political career.
It mixes clips from Earle-Sears' contentious debate with Spanberger at Norfolk State University with a news report about how Earle-Sears penned a handwritten note on a bill she was required to sign -- a procedural duty of her role as Virginia's lieutenant governor and presiding officer of the Senate -- expressing her moral opposition to same-sex marriage.
Ibrar Nadeem, an aide to Republican gubernatorial nominee Jack Ciattarelli, bragged to Muslim supporters about the candidate's past opposition to marriage equality during a "Muslims4Jack" event in Piscataway, New Jersey on October 18.
"We want to have a ban on same-sex marriage," Nadeem said, as recorded in a video posted to X.
Nadeem went on to note that Ciattarelli had voted against legalizing marriage equality as a New Jersey state assemblyman and claimed that his preferred candidate would continue to oppose it.
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.