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Gay marriage 3Federal courts in North Carolina have stayed proceedings in the same-sex marriage cases here while the U.S. Supreme Court decides whether to review the Fourth Circuit’s decision in Bostic v. Schaefer, finding Virginia’s marriage ban unconstitutional.

Five petitions for review of lower court rulings on the issue are now pending before the high court in various stages of readiness — one each from Utah and Oklahoma and three from Virginia (from different parties).

Lyle Deniston at SCOTUSblog has this full rundown of where the cases stand. Here’s his suspected timing:

Following the series of lower-court rulings on same-sex marriage, petitions posing that issue began arriving at the Court on August 5.  In the twenty-four days since then, the other four petitions have come in, so at this stage cases from Oklahoma and Utah are close to being ready for the Justices to consider promptly, as are at least two of the three petitions about Virginia’s ban.

Whether the Court is prepared to step into the controversy at an early point may depend upon whether the Justices are convinced that there is a split on the core issue among lower federal appeals courts.  There is a split, but it depends upon taking into account an appeals court decision years before the Court’s ruling last year in the Windsor case.   Every federal court ruling on the issue since then has resulted in a nullification of state bans, relying on the reasoning in the main Windsor opinion.

The Justices may want to wait to see if a new split is going to develop at the appeals court level.  Many observers now appear to believe, in the wake of a recent hearing before the U.S. Court of Appeals for the Sixth Circuit, that that court may uphold one or more state bans in the four cases it heard.

A split in the circuits may now also be bolstered by today’s ruling from a federal judge in Louisiana, upholding that state’s ban.  Of course that decision — the first from a federal district court to uphold a state ban — would have to pass through the Fifth Circuit first, and likely not in time to make it up to the Supreme Court this term.

Here is the order staying proceedings in Fisher-Borne v. Smith and Gerber v. Cooper.

Here is the order staying proceedings in General Synod of the United Church of Christ v. Cooper.

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marriage amendmentThe Fourth Circuit today denied a request by parties defending Virginia’s same-sex marriage ban to stay the court’s ruling in Bostic v. Schaefer pending a petition for review by the U.S. Supreme Court.

On July 28 the court held that the Virginia law was unconstitutional and entered judgement on that date. The ruling is scheduled to go into effect on August 18, 2014.

Michèle B. McQuigg, the  Prince William County Clerk of Circuit Court and a defendant in Bostic, told the court that she intends to file a petition with the U.S. Supreme Court by October 26, 2014, and asked that implementation of the ruling be stayed in the meantime, citing the potential of confusion and inconsistent results:

The absence of a stay will likely produce legal uncertainty and confusion. The Utah marriage case serves as a useful example. In Utah, after the district court struck down the state’s marriage laws, the district court and the Tenth Circuit declined to issue a stay.  As a result, many same-sex couples in Utah obtained marriage licenses pursuant to the district court’s injunction. Days later, however, the Supreme Court stayed the injunction, and Utah’s man-woman marriage laws went back into effect. Thus, the State of Utah now declines to recognize the licenses that were issued to same-sex couples during that interim period.

Same-sex couples who obtained licenses during that period filed a lawsuit in federal court to require the State to recognize those licenses as valid. The district court held that the interim licenses must be recognized, but the Supreme Court again stayed that decision pending appellate resolution. Thus, the validity of those licenses is still in limbo.

For more on the Fourth Circuit’s ruling in Bostic, read here.

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At yesterday’s NC Policy Watch Crucial Conversation luncheon on the future of marriage equality, Chris Brook, the Legal Director of the American Civil Liberties Union of North Carolina, made it pretty clear what he intends to argue in federal court when he next gets the opportunity in the organization’s challenges to North Carolina’s marriage discrimination law. Brook said he’s going to point to the Fourth Circuit Court of Appeals in Richmond (the precedents of which apply to North Carolina), show the judge that court’s decision in the recent Bostic v. Schaefer case and then just sit down.

It’s an obvious strategy — namely, that the ruling striking down Virginia’s discrimination law in Bostic is right on point and there really isn’t much that a North Carolina federal judge can do but abide by it.

This is why Attorney General Cooper made his recent announcement that he would stop wasting North Carolina taxpayers’ money by trying to defend North Carolina’s indefensible law.  It would be a futile and costly gesture — not unlike attempting to defend a law that banned interracial marriage.

Of course, as Sharon McCloskey’s story immediately below makes plain, this patently obvious logic is apparently lost on Senate President Pro Tem Phil Berger and House Speaker Thom Tillis who are, quite remarkably (if one of Berger’s members is to be believed), taking steps to impeach Cooper over his utterly reasonable, constitutional and ethically-bound decision.

By all indications, Berger and Tillis simply want Cooper to tilt at the Bostic windmill and manufacture insipid, sure-fire-loser arguments as is being tried in a few other states. Today, we got a good idea of what some of those arguments would look like when the folks at ThinkProgress published a handy list of The 10 Craziest Arguments Two States Are Using to Defeat Marriage Equality.” This is from the post: Read More

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Southern EqaulityIf there’s a more significant positive policy change looming on the horizon in North Carolina than the potential near-term arrival of marriage equality, it’s hard to say what that would be.

So, when might it happen? What has to happen first?

Don’t miss the chance to learn the answers to these and other similar questions at tomorrow’s very special Crucial Conversation luncheon in Raleigh:

The freedom to marry in North Carolina: Now what?

Featuring Chris Brook, Legal Director of the ACLU of North Carolina Legal Foundation; Jen Jones, Director of Communications and Outreach at Equality North Carolina; and plaintiffs in the court challenge to North Carolina’s marriage discrimination amendment.

When: Thursday, August 7, at noon — Box lunches will be available at 11:45 a.m.

Where: Center for Community Leadership Training Room at the Junior League of Raleigh Building, 711 Hillsborough St. (At the corner of Hillsborough and St. Mary’s streets)

Cost: $10, admission includes a box lunch.

Click here for more information and to register.

Questions?? Contact Rob Schofield at 919-861-2065 or rob@ncpolicywatch.com

- See more at: http://www.ncpolicywatch.com/2014/07/31/crucial-conversation-the-freedom-to-marry-in-north-carolina-now-what/#sthash.VSz7C8sO.dpuf
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Is such a momentous and historic victory really on the foreseeable horizon? Don’t miss your chance to learn the answers to this and other related related questions this Thursday August 7 at a very special NC Policy Watch Crucial Conversation luncheon.

The freedom to marry in North Carolina: Now what?

Featuring Chris Brook, Legal Director of the ACLU of North Carolina Legal Foundation; Jen Jones, Director of Communications and Outreach at Equality North Carolina; and plaintiffs in the court challenge to North Carolina’s marriage discrimination amendment.

Click here to register

When: Thursday, August 7, at noon — Box lunches will be available at 11:45 a.m.

Where: Center for Community Leadership Training Room at the Junior League of Raleigh Building, 711 Hillsborough St. (At the corner of Hillsborough and St. Mary’s streets)

Space is limited – pre-registration required

Cost: $10, admission includes a box lunch

Click here to register

Questions?? Contact Rob Schofield at 919-861-2065 or rob@ncpolicywatch.com

- See more at: http://www.ncpolicywatch.com/2014/07/31/crucial-conversation-the-freedom-to-marry-in-north-carolina-now-what/#sthash.iFD4jDX6.dpuf