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Date Reviewed: 8/19/10

(first posted 8/3/09)

There are several cases that I am watching at present.  Although these do not normally qualify as news for this section I want to list them so as to keep track of them and also because news is a little slow this month (first posted 8/3/09).

• This actually qualifies as newsworthy for this site, but should not be posted until the Wisconsin Supreme Court renders a decision regarding this case.  Currently the Wisconsin Supreme Court has a November 3, 2009 date set for oral arguments regarding the issue of whether the amendment banning gay marriages was properly presented to voters. ref  Update: 11/3/09 The case was heard today.  A ruling is expected sometime Summer 2010. ref.  Update: 7/1/10 The Wisconsin Supreme Court ruled unanimously that the amendment was indeed presented to voters lawfully. ref done for now
  
  
  • In Wisconsin the domestic partnership law went into effect today (8/3/09 ?).  This is significant in that the Amendment for that state stipulates that gay marriage is not only illegal, but anything similar to gay marriage is also banned ref.  Update: 11/5/09 The Wisconsin Supreme Court declined to hear the case related to the domestic partnership law in Appling v. Doyle.  The case is now being appealed to circuit court.  The only higher court above circuit court is the US Supreme Court.  ref  Update 8/19/10 ADF files suit in state (trial) court to stop a domestic partnership law. ADF ref [The appeals process for this is apparently trial court, appellate court, and finally the US Supreme Court.]
  
  
  
• In Massachusetts and two other states there are lawsuits designed to force all states to recognize gay marriage (3 in Massachusetts) ref. Update: 8/24/09 The third one, Smelt vs. U.S., which sought to overturn DOMA, has just been tossed out. ref Update: 7/9/10 The first and second ones (Massachusetts v. U.S. Department of Health and Human Services and Gill et al. v. Office of Personnel Management) was ruled on yesterday and Massachusetts federal judge Joseph Tauro ruled that it was unconstitutional based on "the equal protection principles embodied in the Due Process Clause of the Fifth Amendment."  This will likely be reversed soon, but we'll see. ref Update: 8/19/10 Joseph Tauro, the judge that ruled DOMA unconstitutional issued a stay pending an appeal to the first circuit court of appeals ADF ref.
  
  
• (7/31/09) In Washington there is a referendum to overturn domestic partnerships in that state.  Currently the vote is rather close ref.  If enough valid signatures are found then the people will get to vote on the issue November 3, 2009.  Update: 8/31/09 I wasn't kidding when I said the vote was close.  I would not have been at all surprised to see the measure not get the votes needed, but it looks like all the needed votes are in and the measure will be on the ballot this November. ref Update: 11/18/09 There were not enough votes to overturn the "everything but marriage" domestic partnerships.  ref done for now
  
  
• In Maine there is a more successful battle going on to overturn the recently enacted legalization of gay marriage that happened through the legislature.  This is newsworthy in that a state is likely to turn from legalizing gay marriage to not legalizing gay marriage.  If there are enough valid signatures the voters will get to decide November 2009 whether or not to overturn the Mayor's decision to legalize gay marriage.  This was not posted because it has not happened yet.  Update: 9/2/09 the marriage law is now on the ballot for November 3, 2009. ref.  Update: 11/4/09  The citizens of Maine have voted to overturn gay marriage and it is no longer legal in that state.  ref done for now

TAGS: marriage, massachusetts, washington, maine, wisconsin