Presumably, we will soon - meaning, in a matter of months - have rulings from one or more of the federal appellate courts. Then there's the possibility of further procedures as to whether the three-judge panels in those courts that will rule will then go to the broader, full panel of the entire circuit courts [a process called en banc review]. That could consume a few more months. When that gets resolved (either by bypassing that step or by having another set of arguments and further round of decisions), then whoever loses that ultimate appeals court ruling may ask the Supreme Court to hear the case. That's called "seeking cert." That stage then requires another few months of briefing and argument, with one side saying the Supreme Court should hear the case and the other side saying the Court should not hear the case. Then, it's up to the Supreme Court to decide whether it's going to take one of the cases or not. It takes only four of the nine justices to vote to hear a case.There are presently 65 marriage equality lawsuits in progress in 31 states and US territories. Freedom To Marry has posted a handy chart.
The U.S. Postal Service officially revealed the Harvey Milk Forever Stamp today. The stamp’s official first-day-of-issue ceremony will take place May 22 at the White House. The public is invited to attend the May 28 Harvey Milk Forever Stamp special dedication ceremony in San Francisco. Details on the time and location will be forthcoming. Customers may order the Harvey Milk stamp now for delivery following the May 22 stamp issuance. The stamp image is based on a circa 1977 black and white photograph of Milk in front of his Castro Street Camera store in San Francisco taken by Daniel Nicoletta of Grants Pass, OR. Antonio Alcalá of Alexandria, VA, was art director for the stamp.Pre-order your stamps here.
Unlike the five federal judges who have struck down laws prohibiting same-sex marriages in other states in recent months, McShane won't have anyone in the courtroom defending Oregon's constitutional ban when he holds oral arguments Wednesday. And, unlike the other judges, McShane also happens to be one of just nine openly gay members of the federal judiciary, according to the Human Rights Campaign. It's an unusual combination of factors for the 53-year-old jurist, who has served as a federal judge for less than a year. McShane, citing the sensitivity of the case, declined to be interviewed for this story. But friends say they're confident he'll produce a careful decision while setting aside any personal feelings. "You don't want to be the lawyer going in saying with a wink, 'I'm the lawyer on the gay-marriage side and he's going to be with me,'" says Lane Borg, who heads Metropolitan Public Defender and has known McShane for decades. "They would be ill-advised to think that just because Michael is gay that he is going to rule that way."NOM chairman John Eastman has the sadz: "The question is not his sexual orientation, but whether he is situated identically to the plaintiffs and will benefit from the exact relief he provides to them."
In light of the Oregon attorney general's decision to not defend the state's ban on gay marriage, Oregon is now revising its marriage licenses to include forms for same-sex couples. Previously, when people applied for a marriage license, they were asked either to identify as a "bride" or "groom." Now, the new form designates as "Party A" and "Party B." Applicants can also choose to be identified as "bride," "groom" or "spouse." Another change to marriage licenses: eliminating the term "maiden name." Instead, applicants will be asked to provide their "name at birth." Most of Oregon's counties use an electronic version of the marriage form. Clerks are in the process of working with a software vendor to update the online forms.(Tipped by JMG reader Robert)
The revelation is an unexpected footnote in the years-long debate over Proposition 8, the California measure struck down by the Supreme Court last year. It is also offers a glimpse, through the eyes of one family, of the country's rapidly shifting opinions of gay marriage, with most public polls now showing majorities in favour of allowing the unions. Cooper learned that his stepdaughter Ashley was gay as the Proposition 8 case wound its way through appellate court, according to a forthcoming book about the lengthy legal battle.Cooper's daughter will marry in Massachusetts in June. He says, "My daughter Ashley's path in life has led her to happiness with a lovely young woman named Casey, and our family and Casey's family are looking forward to celebrating their marriage in just a few weeks."
And with the Supreme Court ruling now behind him, Cooper cast his personal opinion on gay marriage as an evolving process. "My views evolve on issues of this kind the same way as other people's do, and how I view this down the road may not be the way I view it now, or how I viewed it ten years ago," Cooper said in journalist Jo Becker's book "Forcing the Spring: Inside the Fight for Marriage Equality." Cooper's words are reminiscent of the language President Barack Obama used throughout his first term to describe his "evolving" views on gay marriage. In 2012, Obama announced publicly that he did, in fact, support the rights of same-sex couples to marry.
