In the courts....
Sep. 28th, 2013 12:58 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
osodecanelaNew Mexico: October 23 their Supreme Court will hear marriage equality when the association of NM county clerks asks for clarification once and for all, is marriage equality legal through out the state or not? 8 counties (3 by court order) are granting marriage licenses.
Pennsylvania: The county clerk in Montgomery County, who was told to cease and desist issuing licenses by a State Court, is appealing that decision. Stay tuned for details folks; this will get interesting.
Michigan: October 16th a lesbian couple will have their day in court to challenge marriage & adoption laws in the state. The couple, if I have my facts correctly, were co-foster parents of three kids in foster-adopt programs. However, when it became time to adopt, only one parent was permitted to adopt and not both, as two single individuals in the state are not permitted to jointly adopt a child and the as a same-sex couple, the two women are not allowed to marry in the state. So one of them adopted one of the children and the other doctor the other two. If, God forbid, something happens to one of the two women, the surviving partner does not have any rights to the child or children that belonged to her 'spouse'.
When their case was filed last year, the judge assigned to the case gave them two weeks to amend they're complaining, suggesting to them that their initial complaints was not just about adoption rights, but about marriage rights.
This case was supposed to be heard either late last year or early this, but was stayed until the US Supreme Court ruled on the Defense of Marriage Act.
Hawaii & Nevada: cases were pending in Federal District Court in both of these states, both of which are part of the Ninth Circuit of the federal appellate court. Both cases were on hold pending the US Supreme court decision on the home and on proposition eight and with the decision now rendered, both cases were moving ahead. Hawaii however now appears to be moods, given the announced special legislative session scheduled for late October. Gov. Abercrombie stated he would only call the session if he knew he had the votes and each house to get marriage equality approved.
Pennsylvania: The county clerk in Montgomery County, who was told to cease and desist issuing licenses by a State Court, is appealing that decision. Stay tuned for details folks; this will get interesting.
Michigan: October 16th a lesbian couple will have their day in court to challenge marriage & adoption laws in the state. The couple, if I have my facts correctly, were co-foster parents of three kids in foster-adopt programs. However, when it became time to adopt, only one parent was permitted to adopt and not both, as two single individuals in the state are not permitted to jointly adopt a child and the as a same-sex couple, the two women are not allowed to marry in the state. So one of them adopted one of the children and the other doctor the other two. If, God forbid, something happens to one of the two women, the surviving partner does not have any rights to the child or children that belonged to her 'spouse'.
When their case was filed last year, the judge assigned to the case gave them two weeks to amend they're complaining, suggesting to them that their initial complaints was not just about adoption rights, but about marriage rights.
This case was supposed to be heard either late last year or early this, but was stayed until the US Supreme Court ruled on the Defense of Marriage Act.
Hawaii & Nevada: cases were pending in Federal District Court in both of these states, both of which are part of the Ninth Circuit of the federal appellate court. Both cases were on hold pending the US Supreme court decision on the home and on proposition eight and with the decision now rendered, both cases were moving ahead. Hawaii however now appears to be moods, given the announced special legislative session scheduled for late October. Gov. Abercrombie stated he would only call the session if he knew he had the votes and each house to get marriage equality approved.
