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TOP6NEWS - September 2, 2004 1-NEWS: LA Supreme Court to hear m amendment case 2-NEWS: Amendment on ND ballot 3-NEWS: CA court will set rules for gay custody disputes 4-NEWS: MI Appeals Court hears arguments on m amendment 5-NEWS: WA judge hears ssm arguments 6-FEATURE: Narrative of CT suit couple
FYI: http://www.freedomtomarry.org/pdf/ABA_whitepaperfinal.pdf ________________________________________________________ 1-NEWS: LA Supreme Court to hear m amendment case Group asks La. court to block amendment NEW ORLEANS -- The Louisiana Supreme Court has been asked to take up legal challenges aimed at keeping a proposed constitutional ban on gay marriages and civil unions off the Sept. 18 ballot. On Thursday, a court clerk initially said it had refused to take the appeals, but later said that report was in error and no decision had been made. Three separate lawsuits were filed on behalf of a group called Forum for Equality, arguing that the "Defense of Marriage" amendment is unconstitutional because it would deprive unmarried couples - gay or straight - of the right to enter into certain contracts. Supporters of the ban disagree. All three suits, so far unsuccessful at removing the amendment from the ballot, are now pending before the high court which has not decided whether to hear the appeals. The amendment, passed by state lawmakers earlier this year, would also ban state officials and courts from recognizing out-of-state marriages and civil unions between homosexuals. ... ________________________________________________________ 2-NEWS: Amendment on ND ballot Marriage amendment gets on N.D. ballot A petition circulated by the North Dakota Family Alliance had 42,093 legal signatures, considerably more than the 25,688 needed to put the idea on the November ballot, Al Jaeger said. The amendment would deny legal recognition to same-sex marriages or civil unions, an option considered a legal alternative for gay and lesbian couples who seek the rights normally conferred on married people. At least nine other states are voting on similar constitutional amendments in November. ________________________________________________________ 3-NEWS: CA court will set rules for gay custody disputes SAN FRANCISCO In two of the cases, state appeals courts said only the birth mother was the legal parent and denied custody, visitation or child support that would have been ordered for an opposite-sex couple. In the third case, an appellate court in Los Angeles said in the first ruling of its kind that a non-birth mother may qualify as a second parent under the laws that establish the rights of legal fatherhood. The state's high court set aside all three rulings Wednesday and will take up the cases in a future hearing. Just three weeks ago, the court ruled that San Francisco Mayor Gavin Newsom, who approved marriage licenses for 4,000 same-sex couples in February and March, had no authority to defy the state law that defines marriage as a union between a man and a woman. That law is now being challenged in Superior Court by gay and lesbian couples and the city of San Francisco. ... ________________________________________________________ 4-NEWS: MI Appeals Court hears arguments on m amendment Appeals court hears arguments on voter petition drives A three-judge panel heard arguments related to the voter petition drives Wednesday. The judges' upcoming rulings could dictate what state election officials must do with the proposals. The Board of State Canvassers could schedule an emergency meeting Friday to enact any orders from the appeals court. That's the deadline for the state to certify ballot proposals for the November election. "We will do our very best to get you orders or opinions on these very important cases," appeals court Judge Peter O'Connell said after hearings concluded Wednesday. "We understand the deadlines and will try to work within them." ... ________________________________________________________ 5-NEWS: WA judge hears ssm arguments Thurston County judge hears gay-marriage arguments OLYMPIA -- A Thurston County judge is scheduled to hear arguments on the legality of gay marriage on Thursday morning. "Same-sex couples who have formed families are being discriminated against solely because of their gender," said Kathleen Taylor, executive director of the ACLU of Washington, in a news release before the hearing. "The state of Washington has long acknowledged that gay and lesbian couples are suitable to be parents. We must no longer deny them the right to marry." The state attorney general's office will defend the state's 1998 Defense of Marriage Act, which limits marriage to a union between one man and one woman. The 11 plaintiff couples in the case are from Seattle, Olympia, Spokane, Port Townsend, Hoquiam, Graham and Friday Harbor. This case is the second major challenge to Washington's marriage laws. Last month a King County Superior Court judge ruled that the Washington law banning same-sex marriage violates the state constitution. That case has been appealed to the state Supreme Court, and the Thurston County case will probably be appealed also, no matter how the judge rules. The two cases will likely be consolidated for a hearing before the state's high court. ... ________________________________________________________ 6-FEATURE: Narrative of CT suit couple Tired Of Waiting, Gay Couple Takes Legal Path “That was our 20th anniversary party,” says Janet Peck at home on Tuesday, explaining one of many framed photos chronicling their romance through the years. It's been a good, old-fashioned marriage in most respects, with one notable exception. Because the partners are women, they can't legally wed. Now, Peck and Carol Conklin are going to court for what they say is their due. Last week, along with six other gay or lesbian couples from Connecticut who were denied marriage licenses in Madison, they filed suit in New Haven Superior Court charging that the state's denial of marriage rights to same-sex couples is discriminatory. Asked why now, Peck responds, “Simply, I'm tired. I'm tired of waiting.” Conklin and Peck thought about getting married there. But Massachusetts, using an old law designed for interracial marriage, made out-of-state residents ineligible. The marriage wouldn't be recognized by Connecticut in any event. ... |
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