Marriage Law Home
 
  Home Legislation and Policy Issues and Arguments Case and Statute Law Current News My Community  
Last Updated: 08.26.2004

Current News

Year to Date

Archives

 

TOP6NEWS - August 25, 2004


1-NEWS:  Cheney sees ssm as a state issue

2-NEWS:  GOP draft platform has m amendment plank

3-NEWS:  Judge rules VA has jurisdiction in CU custody case

4-NEWS:  CA DP law in court yesterday

5-OP-ED:  OH poll shows 56% support for amendment

6-OP-EDMI paper disapproves of keeping amendment off ballot

________________________________________________________

1-NEWS: Cheney sees ssm as a state issue

Cheney Sees Gay Marriage as State Issue
Vice President Details Differences With Bush
By Marc Kaufman and Mike Allen
Washington Post Staff Writers
Wednesday, August 25, 2004; Page A01
http://www.washingtonpost.com/wp-dyn/articles/A29862-2004Aug24.html
http://www.boston.com/news/nation/articles/2004/08/25/cheney_splits_with_bush_on_gay_marriage_ban/
DAVENPORT, Iowa, Aug. 24 -- Vice President Cheney spelled out his differences with President Bush on the volatile issue of gay marriage Tuesday while making his most revealing public comments so far about the sexual orientation of his gay daughter.

Asked his position on the subject at a town hall meeting here, Cheney replied: "Lynne and I have a gay daughter, so it's an issue that our family is very familiar with. . . . With respect to the question of relationships, my general view is that freedom means freedom for everyone. People . . . ought to be free to enter into any kind of relationship they want to."

Cheney went on to reiterate the position he first outlined in the 2000 campaign -- that same-sex marriage should be left to the states to decide. He noted, however, that Bush has endorsed a constitutional amendment preventing the states from recognizing such marriages.

"At this point . . . my own preference is as I've stated," Cheney said. "But the president makes basic policy for the administration. And he's made it."

The remarks were the furthest Cheney has gone in laying out his differences with Bush's position, and they took leaders of the GOP conservative base by surprise. Although Bush has rarely discussed his support for the amendment, conservatives viewed his stance as one of the most important social statements of his term. Republican strategists said it would motivate Christian voters to the polls even though it risks alienating swing voters.  ...

BACK TO TOP

________________________________________________________

2-NEWS: GOP draft platform has m amendment plank

GOP platform plan seeks gay marriage ban
By Calvin Woodward, Associated Press Writer  |  August 25, 2004
http://www.boston.com/news/politics/president/articles/2004/08/25/gop_platform_plan_seeks_gay_marriage_ban/
NEW YORK  — Republican leaders are pushing for a constitutional ban on gay marriage in the GOP platform, opening a new point of contention between social conservatives and outnumbered but vocal factions fighting to give the party's statement of principles a more moderate tone.

A draft of the platform, shown to delegates on the eve of platform hearings Wednesday, set up a noisy debate just days before the Republican National Convention, highlighting divisions over gay rights, abortion rights and President Bush's restrictions on stem cell research.

If the marriage plank is approved as expected, it would mark the first time the GOP has gone on record in its platform as supporting an amendment against those unions. The last platform settled for a more general statement supporting the definition of marriage as being between a man and a woman. ...

BACK TO TOP

________________________________________________________

3-NEWS: Judge rules VA has jurisdiction in CU custody case

Vt. Same-Sex Unions Null in Va., Judge Rules
Case Seen as Test of Parent Rights
By S. Mitra Kalita
Washington Post Staff Writer
Wednesday, August 25, 2004; Page B01
http://www.washingtonpost.com/wp-dyn/articles/A29965-2004Aug24.html
A Winchester judge ruled yesterday that Virginia has jurisdiction over a complex custody battle between a toddler's biological mother and her former lesbian lover after the couple wed in Vermont and then split up. The decision dealt a blow to gay-rights advocates who said the case represented a chance for Virginia to recognize same-sex unions and the rights of non-biological parents.

Frederick County Circuit Court Judge John R. Prosser cited Virginia's Affirmation of Marriage Act, which specifically declares unions or domestic partnership contracts between members of the same sex void. He described the biological mother as the child's "sole parent" and said the laws of Vermont conflict with Virginia's and should have no bearing on custody.

The case centers on Lisa Miller and Janet Jenkins, who were joined in a civil union in Vermont in 2000, combining their lives and last names. In April 2002, Janet Miller-Jenkins cut the umbilical cord as Lisa Miller-Jenkins gave birth to a baby girl, conceived by artificial insemination, in Frederick County, Va. The couple moved to western Vermont to raise Isabella, who learned to call Lisa "Mommy" and Janet "Mama."

Last year, as their relationship dissolved, Lisa Miller-Jenkins moved with Isabella to Winchester to be closer to her family and filed court papers in Vermont essentially asking Janet Miller-Jenkins for a divorce. She also asked that Janet be awarded visitation and waived her right to challenge her former partner's claim to parentage.

Yesterday, hours before she appeared in the Winchester courtroom, Lisa Miller-Jenkins reversed course and testified by telephone in a Vermont courtroom, asking that her previous waiver be removed and that Janet Miller-Jenkins be denied parental rights, according to Lisa's attorney, Judy G. Barone. ...

BACK TO TOP

________________________________________________________

4-NEWS: CA DP law in court yesterday

Judge to rule on legality of Calif. domestic partners law
LISA LEFF, Associated Press Writer
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/08/25/state0321EDT0023.DTL
A law granting same-sex couples nearly identical legal rights and responsibilities as married spouses hangs in the balance after a Superior Court judge heard arguments on whether the measure should be upheld or overturned.

Lawyers for two sets of plaintiffs opposed to marriage rights for gay couples want the law thrown out, claiming it violates the spirit and intent of a 2000 ballot initiative approved by voters that holds California will only recognize unions between a man and a woman as valid.

But supporters of the new measure, passed by the Legislature and signed into law by then-Gov. Gray Davis last year, said there was nothing in the language of the voter-approved mandate to prevent the state from conferring spousal benefits on the 26,000 gay couples who have registered as domestic partners.

The law is scheduled to take effect on Jan. 1, but neither side in the debate left court Tuesday with a clear indication of how Judge Loren McMasters would rule after he took the matter under consideration. ...

BACK TO TOP

________________________________________________________

5-OP-ED: OH poll shows 56% support for amendment

Ohio voters would approve gay marriage ban, poll shows
By Jim Siegel
Cincinnati Enquirer Columbus Bureau
http://www.enquirer.com/midday/08/08262004_News_mday_gaymarriage26.html
COLUMBUS - A majority of Ohioans would support a proposed constitutional amendment banning gay marriage, although the margin is not as large as supporters have predicted.

The University of Cincinnati's Ohio Poll found 56 percent of 812 likely voters would approve the exact language that could appear on the November ballot, if it withstands legal challenges from opponents. Forty percent said they would vote against it, and 4 percent are undecided.

The poll was conducted by telephone Aug. 11-17. The sampling error is plus or minus 3.4 percentage points. ...

BACK TO TOP

________________________________________________________

6-OP-ED: MI paper disapproves of keeping amendment off ballot

Detroit Free Press Editorial
Gay Marriage
Keeping bad amendment off ballot is unjustified
August 25, 2004
http://www.freep.com/voices/editorials/evote25_20040825.htm
The State Board of Canvassers plainly overstepped its authority in blocking a proposed ban on gay marriage from the Michigan ballot this fall. The board's well-established role in such matters is to certify petition signatures and approve ballot wording, not to decide on the merits of a proposal. ...

Their paramount concern should be the right of people to petition for a change in law. The circulators of this petition did their work in good faith. They deserve better than an unauthorized judgment on their cause.

BACK TO TOP



       
       
  Columbus School of Law