A new twist in the Prop 8 case (with a court date coming just days after a controversial new judge is expected to join the Supreme Court), New York launches its own attack on the Defense of Marriage Act and polling brings mostly good news, and a little bad.
Well that didn’t take very long. After just one day of marriage equality, New York jumped into the legal fight to overturn the Defense of Marriage Act. The state Attorney General filed documents last week, explaining that DOMA prevents New York from providing equal protection to gay and lesbian couples.
Now, this isn’t a new case against DOMA. They’re just backing up an existing case— Windsor vs United States. But because New York is one of the most populous states in the country, they bring significant weight in the form of thousands of newly married LGBTs.
On a national level, Americans narrowly support marriage equality in New York. A national survey shows support for the state’s newly enacted law at 50% to 46%. And separate study conducted jointly by pollsters for both Obama and Republican candidates shows that national support for marriage equality is increasing at an exponential rate.
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
Our numbers are just shy of a majority in New Jersey, but we still have a plurality. A survey there shows 47% support marriage equality with 42% opposing. We also have strong bi-partisan support with 77% of Republicans supporting some form of recognition despite Governor Christie’s continued refusal to afford equal protection to his LGBT constituents.
Across the country in Montana, a new survey shows 53% support civil unions. The state bans marriage, and although there’s no provision in the law for civil unions, there’s also nothing that would prevent them.
And continuing west, the California Supreme Court announced this week that they’ll hear arguments in the Prop 8 case on September 6th. Now, you might be thinking, didn’t they already do that? And the answer is “Yes. It’s complicated.”
The California Supreme Court did hear arguments regarding Prop 8. But in a different case. And the issue before them now is extremely narrow and actually has nothing to do with marriage or LGBTs. The only issue they’re examining is whether the anti-gay Prop 8 proponents have a right to represent California laws in court. That’s usually only the job of the Attorney General, since she’s the one who administers the laws; but in this case, the proponents want to push her aside and do it themselves.
And now there’s a brand new twist. Governor Jerry Brown just appointed a new judge to the Supreme Court. Goodwin Liu will probably be sitting by September 6th. He’s known for speaking out in favor of LGBT civil rights, so it’s anyone’s guess how he’ll approach this particular issue.
Turning to international news, a disappointing new survey shows that 55% of Brazilians oppose civil unions. Meanwhile in Colombia, the nation’s Constitutional Court has set a deadline of two years for the legislature to figure out how to recognize gay and lesbian couples. Cuba is studying civil unions, with a specific proposal expected in early 2012. And Australia’s census will count gay and lesbian marriages for the first time in early August. The government there still doesn’t recognize those marriages, but at least now they’ll know how many couples they’re hurting.
Those are the headlines, visit us over at MarriageNewsWatch.com for more, and visit Facebook.com/MarriageNewsWatch to get breaking news and alerts right on your wall. See you next week.
Steve
“The rest of the world” is a very big place, with numerous political jurisdictions. It will take decades, perhaps as much as a century, before “all” of them recognize same-sex marriages.
I surely hope the United States will recognize that gay people have equal rights, before then. There are several cases in the courts, now, that directly challenge DOMA on constitutional grounds. I expect a judicial result within a few years.
Jim
I’ve never heard of any country named “Columbia.” Do you mean Colombia? My question to the original question is what is the bar? All states? The majority of states? DOMA getting repealed?
robert in NYC
If DOMA reaches the SCOTUS, it’s quite possible it would be repealed. Six states now allow same-sex marriage. How could it uphold the ban on federal recognition in accordance with the full faith and credit clause and the 14th amendment of the constitution?
That said, it has overturned precedent before with the Citizens United law where corporations are considered “human”, allowed to donate unlimited amounts of money to political campaigns. It could go either way, but with 5 conservative catholic judges on the bench, it’s going to be an uphill struggle.
robert in NYC
On the international level, it appears that the UK is going to begin a marriage equality consultation before the summer is over. The majority of the British public apparently support it.
J
The New York AG’s office did NOT file a brief in the Golinski case. They filed a brief in the Edie Windsor case, which is pending in the Southern District of New York. Both cases are attacking DOMA, but it would be a bit bizarre for the New York government to try to get involved in a case pending in California.
Daniel Villarreal
@Jim: @J: Thank you both for your feedback. We have corrected the article accordingly.
Mike in Asheville
TO MATT BAUM: Your comment regarding New Jersey reflects an inaccurate view of the status of marriage-equity in New Jersey. By order of the New Jersey Supreme Court (Lewis v Harris, 2006), a two-part ruling: by 7-0 vote, the court ruled that same-sex couples should enjoy all the rights and privileges of marriage as male/female couples; by a vote of 4-3, the court also ruled that civil unions could be an acceptable form provided that civil unions were entitled to each and every right and privilege as marriages, except the word marriage. Following the court’s ruling, the New Jersey legislature opted to implement civil unions in lieu of marriages for same-sex couples.
That is completely different from the video concerning the comment about New Jersey Governor Chris Christy. Indeed Christy is a loud vocal opponent of same-sex marriage; he has, though, endorsed civil unions.
Of course, that is not good enough and the gay and lesbian citizens of New Jersey are as entitled as all otherwise qualified citizens to marry the person they love and choose. Separate is NEVER equal; the New Jersey court failed in honesty.
BUT, BUT, BUT there is no reason for gay and lesbian couples in New Jersey to not take advantage, as they determine, to gain for themselves those rights and privileges for the benefit of their family. Why allow the government’s discrimination against you further cheat you out of those benefits.
When the court decision came down, my hubby was working in New Jersey. We had previously entered into a California Domestic Partnership, which for New Jersey was accepted to show our civil union. Yes hubby had to work it, loud and sometimes angry, but he added me, HIV+, to his health insurance plan, we purchased joint auto insurance, joint titles, etc. I know it shouldn’t have to be this way, and its not fair, but we needed those benefits, and took them. And so should each and every gay and lesbian couple in New Jersey.
Jaroslaw
I can’t wait to find out if the religious nuts will be able to represent “the law” in California over the AG. Anyone have any idea why this idea isn’t immediately dismissed or what criteria would be used to possibly allow this to happen?
Boy_wonder
Please note that I do not judge America for not alowing same sex couples to get married, my experience is based on my experience in my country. (please don’t flame me for what I say ) now thats out the way .
I could not believe that a first world country like America, one that is so advance in all matters concerning government could be so back wards with regards to same sex marriage. Here in South Africa same sex marriage is recognized by the state and homosexual people have have been afforded te same rights as heterosexual people, we even have gay people in our army too. And all of this in an African country!!!