American Foundation for Equal Rights

New Mexico Sets Date for Marriage Hearing

Overview

Marriage continues to expand one county at a time in New Mexico, and one couple at a time in Ohio. But a state Supreme Court ruling may soon change all that. We had oral arguments in Pennsylvania, there’s a new southern lawsuit, and a controversial voter initiative in Arizona seems to have died before it could make it to the ballot.

Transcript

Marriage continues to expand one county at a time in New Mexico, and one couple at a time in Ohio. But a state Supreme Court ruling may soon change all that. We had oral arguments in Pennsylvania, there’s a new southern lawsuit, and a controversial voter initiative in Arizona seems to have died before it could make it to the ballot.

At the American Foundation for Equal Rights, I’m Matt Baume, and welcome to Marriage News Watch for September 9, 2013.

New Mexico is now up to eight counties issuing marriage licenses. Last week the clerk in Los Alamos County asked a judge to halt the marriages, but he ruled against her and couples are now free to wed. That still leaves 25 counties that are unsure whether they should issue licenses as well. Ultimately, it’ll have to be resolved by the state Supreme Court. Clerks formally requested clarification from the court on Thursday of last week, and the Court set a hearing for late October.

At last count, about a thousand couples have gotten marriage licenses in New Mexico.

Ohio’s taking an even more gradual approach, with a judge recognizing marriages one couple at a time. The only catch: one of you has to be dead or dying. Judge Timothy Black has so far ordered the state to recognize the marriages of two gay couples. Both traveled out of state to obtain a license, since Ohio bars marriage equality. In the first couple, one of the men has a terminal illness. In the other, one of the men recently passed away. The state is now required to list both sets of men as married on their death certificates.

More litigation is planned in Ohio, which could eventually lead to extending benefits to living couples as well.

A Pennsylvania judge has heard arguments in a lawsuit over surprise licenses issued in that state. For over a month, Montgomery County has been issuing licenses to gay and lesbian couples. Despite the blessing of state Attorney General Kathleen Kane, Governor Tom Corbett sued to stop the marriages. Judge Dan Pellegrini heard arguments last week and promised to rule quickly in the case, so we may get decisions in Pennsylvania and in New Mexico around the same time.

There’s a new lawsuit in South Carolina. A lesbian couple, comprised of a Highway Patrol trooper and disabled Air Force veteran, have sued the Governor and Attorney General over the state’s marriage ban. They were married in Washington DC last year. So far, there’s no timetable for a ruling in that case.

And an attempt to overturn Arizona’s marriage ban at the ballot has pretty much failed, in part because the overwhelming majority of LGBT organizations said it was premature. Republican strategist Tim Mooney launched the initiative this past June, but faced opposition from local and national equality groups. Polling in Arizona is limited, but suggests that more public outreach is needed before a ballot measure could be successful.

And we may soon know whether Hawaii will pass a marriage bill this year. Lawmakers met with the Governor on Friday to discuss holding a special session, with an announcement anticipated any day now. Subscribe here on YouTube and at AFER.org to stay up to date on all the marriage news we’re tracking. At the American Foundation for Equal Rights, I’m Matt Baume. Thanks for watching.