Tag Archives: Idaho

Red State Marriage Equality Train Rolls Along

As marriage equality notched up one victory after another in 2012 and 2013, opponents bleated a repetitive refrain: those were all in liberal, blue states. Gay activists had reached their limit. In red states, traditional marriage would continue to prevail.
Not so.
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Even in Idaho, progress in a court ruling (see below)
Over the year end, in quick succession two red state judges (first Utah, then Oklahoma) ruled that state bans on same – sex marriage were in conflict with the US constitution, and so struck down those bans. Since then, both rulings have had stays placed on their execution, but meanwhile, there’ve been a series of further notable decisions in other red and purple states, some in just the past week. Individually, each of these is less dramatic than the Utah and Oklahoma decisions, but collectively they are impressive, and reinforce the impression that the writing is now on the wall for gay marriage bans, even in red states.
In just the past week,
In Kentucky, a judge ruled today that the portion of the state ban that prohibits recognition of out of state same – sex marriages.
Also today, a hearing was held in a Texan court in one of several legal challenges to the state ban on gay marriage.
In Idaho, a judge ruled yesterday that the state ban on gay marriage cannot be used to exclude a same – sex partner from adopting a spouse’s child.
In Nevada, an obscure ruling against discrimination in jury selection, led to the Republican governor, and also the Democratic Attorney General, declining to defend in court the state’s ban on gay marriage.
Fresh legal challenges to state bans were announced in Lousiana, and Missouri.
As at 12/02/2014,in addition to suits challenging things like survivor benefits and parental /adoption issues, direct challenges to gay marriage bans have been already been filed in the following 21 US states. I  the light of today’s partial ruling, expect Kentucky to join this list soon – and Mississippi, where several couples have applied for marriage licences, in expectation of being denied, which would prepare the way for a full legal challenge. Is there anywhere in the US of A, where state bans on marriage equality are not under threat?
  1. Arkansas
  2. Arizona
  3. Colorado
  4. Florida
  5. Idaho
  6. Kentucky
  7. Louisiana
  8. Michigan
  9. Missouri
  10. Montana
  11. Nebraska
  12. Nevada
  13. North Carolina
  14. Ohio
  15. Oregon
  16. Pennsylvania
  17. South Carolina
  18. Tennessee
  19. Texas
  20. Virginia
  21. Wisconsin
(More details for these at Marriage Equality USA) Even in the churches, including the Catholic Church, there’s progress – but that’s another story.
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Another Red State Victory for Queer Families

Step by step, queer families are seeing moves to full recognition, even in American red states (and in church). The latest in victory in Idaho follows court decisions in Utah and Oklahoma to strike down the states’ constitutional ban on gay marriage, and the decision by Nevada’s Republican governor not to defend his state’s ban. A challenge to the gay marriage ban in Texas is in court this week, and court challenges under way in a further 19 states.
There is progress too in many churches, including the Catholics: Diarmuid Martin, Archbishop of Dublin, is just the latest in an expanding list of senior bishops who have opposed full marriage equality, but suggested civil unions as an alternative.
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Idaho’s top court grants adoptive rights to spouse in gay marriage 

Idaho’s top court on Monday ruled that state law allows a woman to adopt the children of her same-sex spouse, in a precedent-setting victory for gay couples in a socially conservative U.S. state that has banned the unions.
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The ruling stems from an adoption petition filed last year by an Idaho woman shortly after her marriage in California to her same-sex partner, the parent of boys ages 12 and 15, legal records showed.
The woman, unidentified in court documents on confidentiality grounds related to adoption, sought to share parental rights with her long-term partner. She appealed a magistrate judge’s rejection of her petition.
The Idaho Supreme Court, in a unanimous decision reversing the lower court’s ruling, said a person’s gender or sexual orientation was not part of the legal criteria that allowed a minor to be adopted by an in-state adult resident.
“Any adult person” is defined as any human being over the age of 18 and “cannot possibly be construed to mean ‘any married adult person’ as the magistrate ultimately determined,” Idaho Supreme Court Justice Jim Jones wrote for the court.
– continue reading at  Reuters.
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