Tuesday, May 20, 2014

Quick Note(s): Same-Sex Marriage -- Oregon Sees Equality, Arkansas Sees Incest


First, the good...
Oregon

On Monday, Federal Judge Michael McShane overturned Oregon's 2004 ban on same-sex marriage.  No stay was issued, nor is one likely to be.  Unlike recent decisions in other states, no organization or individual has been recognized by the circuit's Court of Appeals as having legal standing to argue against Judge McShane's decision.  

Portland registrars were ready for his decision and within minutes of his announcement, licenses to same-sex couples were being issued and marriages were taking place.
Special praise should be given to the U.S. Court of Appeals for the Ninth Circuit for refusing to recognize groups like the National Organization for Marriage, which has no local presence in Oregon.  They wanted to file an appeal against Judge McShane's decision.  The Court denied their request, saying that Oregon should be permitted to decide this issue without outside interference.

And then, the bad...
Arkansas (revisited)

On May 9, Judge Chris Piazza overturned Arkansas' ban on same-sex marriage.
http://whateyethynk-politics.blogspot.com/2014/05/quick-fact-another-state-loses-its.html

Within days, the State Supreme Court ruled that his decision did not overturn a state law that prohibited clerks from issuing marriage licenses to same-sex couples, so without licenses, there could be no marriages.  On Thursday, May 15, Judge Piazza expanded his original decision to include that state law. 
http://whateyethynk-politics.blogspot.com/2014/05/updates-same-sex-marriage-in-idaho.html 

Arkansas' Supreme Court told opponents of Judge Piazza's ruling that it would not issue a stay; then on Friday, without explanation or warning, the Court reversed its decision and did issue a stay.

Attorney General Dustin McDaniel praised the stay saying Judge Piazza's ruling was causing confusion at the county level where county officials seemed to believe that the Judge's decision made it legal for a man to marry his brother.  
Oh, come on!
The marriages licenses issued during the past week are likely to be upheld as valid by federal authorities as has happened in similar cases in other states.  Whether Arkansas will recognize them is not clear.

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