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3 Same-sex couples suing to have NC Amendment 1 overturned

myDeaconmyhand

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Surprised this hasn't been posted yet:
http://news.yahoo.com/same-sex-couples-facing-illness-sue-north-carolina-211418673--sector.html

"Same-sex couples facing illness sue North Carolina for marriage recognition
Reuters By Colleen Jenkins
April 9, 2014 5:14 PM
By Colleen Jenkins

WINSTON-SALEM, North Carolina (Reuters) - Three lesbian couples facing urgent health issues sued on Wednesday to force North Carolina to acknowledge their same-sex marriages and allow access to insurance, tax and inheritance benefits.

The women said it was important for a U.S. court to take quick action because a spouse in each couple is grappling with poor health or a serious illness, including advanced breast cancer. Each couple was wed in a locality where same-sex marriage is legal, including several states and the District of Columbia.

If the ailing spouse dies before North Carolina recognizes the marriages, the surviving spouse will be denied benefits given to married couples, according to the American Civil Liberties Union, which helped file the lawsuit in U.S. District Court in Greensboro.

Those protections include benefits related to taxes, inheritance, insurance and retirement, the lawsuit said. The couples also worry about whether they will be allowed to stay with a spouse during medical procedures and emergencies, attorneys said.

"Without the legal security that only marriage affords, these families are left vulnerable," said Jennifer Rudinger, executive director of the ACLU of North Carolina.

The lawsuit is among dozens that have been pursued nationwide since a landmark U.S. Supreme Court decision last June allowed federal tax and other benefits for same-sex couples.

Eight federal judges so far have ruled that states may not treat same-sex couples differently than opposite-sex couples, in cases that are all being appealed.

The ACLU has sought to expand gay-marriage rights in North Carolina, which in 2012 became the last state in the South to add a voter-approved ban on gay marriage to its constitution.

An earlier suit filed by the civil liberties group challenges the ban, as well as North Carolina's prohibition against one member of a same-sex couple adopting the other's children.

A lesbian couple named as plaintiffs in the 2012 case filed a request on Wednesday seeking immediate relief from the courts. They said the ban on "second parent adoptions" has hurt the quality of medical care their son, who has cerebral palsy, can receive because the spouse not legally recognized as his mother cannot put him on her private health insurance plan.

(Reporting by Colleen Jenkins; Editing by Barbara Goldberg and Lisa Shumaker)"
 
Nevada GOP voted to remove planks on opposition to abortion and gay marriage from their party platform over the weekend. Nevada isn't even a blue state, it's s still a swing state. Will be interesting in 2016 since social conservatives will be targeting Iowa and South Carolina, but Nevada will be the fourth primary.
 
Las Vegas is shaping up to be the ongoing primary. Did the Nevada GOP go against Sheldon Adelson?
 
Obama held the 2012 Convention in Charlotte which was a slap at the labor base of the party. GOP's way more scared on their social conservative base, so don't see how they hold their convention in Las Vegas now. Dems, TMZ, and the hookers have got to be bummed...
 
Eh. They had it in Tampa and the GOP had a huge block at the Hard Rock Casino. Vegas wouldn't be THAT much different.
 
Haha. I meant with respect to objections from the social conservatives in the party. I'm sure they did strippers, gambling, hookers and the like in Tampa.
 
Haha. I meant with respect to objections from the social conservatives in the party. I'm sure they did strippers, gambling, hookers and the like in Tampa.

:squint:

You are just going to keep having this discussion about the Hard Rock in TAMPA being equivalent for social conservatives to SIN CITY, aren't you?
 
:squint:

You are just going to keep having this discussion about the Hard Rock in TAMPA being equivalent for social conservatives to SIN CITY, aren't you?

Says the guy who's apparently never been to the Tampa Hard Rock.
 
If the social conservatives wanted to hold the convention at First Baptist Church, they wouldn't have held it in Tampa.
 
Haha. I meant with respect to objections from the social conservatives in the party. I'm sure they did strippers, gambling, hookers and the like in Tampa.

I meant from a policy standpoint. Social conservatives won't be stoked about holding the convention in a state where the local GOP has taken abortion and same-sex marriage off the table. Both issues will still be in the 2016 GOP national platform.
 
Says the guy who's apparently never been to the Tampa Hard Rock.

bm2002-0968-08292340-thunderdome-.jpg
 
Same Sex marriage may not even be an issue by 2016. Have the opponents of it won a single court battle yet in favor of it's ban?
 
Courts have ruled in favor of marriage equality in 10 of the last 10 decisions, but even if there's a definitive Supreme Court decision by then social conservatives aren't giving up. Roe vs Wade was more than 40 years ago and their push for an abortion ban constitutional ban hasn't gone away. Huckabee, Cruz, Ben Carson, and Santorum are far more likely to get speaking gigs at the 2016 GOP Convention than Rob Portman, no matter what the law on marriage equality is.
 
Courts have ruled in favor of marriage equality in 10 of the last 10 decisions, but even if there's a definitive Supreme Court decision by then social conservatives aren't giving up. Roe vs Wade was more than 40 years ago and their push for an abortion ban constitutional ban hasn't gone away. Huckabee, Cruz, Ben Carson, and Santorum are far more likely to get speaking gigs at the 2016 GOP Convention than Rob Portman, no matter what the law on marriage equality is.

That's true for 2016. The demographics on gay marriage are way different than abortion, though. By 2020 or 2024 it may be totally off the table because it will be supported by 70-80% of the electorate, as opposed to abortion which has been a consistent 50-50ish split forever and ever (and shows no sign of changing).
 
Courts have ruled in favor of marriage equality in 10 of the last 10 decisions, but even if there's a definitive Supreme Court decision by then social conservatives aren't giving up. Roe vs Wade was more than 40 years ago and their push for an abortion ban constitutional ban hasn't gone away. Huckabee, Cruz, Ben Carson, and Santorum are far more likely to get speaking gigs at the 2016 GOP Convention than Rob Portman, no matter what the law on marriage equality is.

That's true for 2016. The demographics on gay marriage are way different than abortion, though. By 2020 or 2024 it may be totally off the table because it will be supported by 70-80% of the electorate, as opposed to abortion which has been a consistent 50-50ish split forever and ever (and shows no sign of changing).

This. Nationwide abortion views haven't really undergone a sea change since Roe v. Wade. Nationwide gay marriage views have undergone a drastic change in less than half the time.

Also, since Roe, social conservatives have made headway in at least limiting access to abortion if not achieving an outright ban.
 
Bump for the United Church of Christ challenging Amendment 1 on freedom of religion grounds. Pastors want to marry gay couples and cannot because anyone who performs a marriage ceremony for people without a marriage license (obviously, not possible to get for same-sex couples in NC) commits a misdemeanor.

This case opens a new front in marriage equality litigation: it is the only case to bring 1st Amendment religious freedom claims among the 66 marriage equality cases pending in courts nationally. “In addition to bringing 14th Amendment claims under equal protection and due process, this lawsuit introduces a 1st Amendment claim that the marriage ban in North Carolina violates the right to the free exercise of religious beliefs by denominations, clergy, and congregants who believe that same-sex marriages are theologically valid and want to perform marriage ceremonies,” says Jake Sussman a partner at Tin Fulton Walker & Owen and lead counsel in General Synod of the United Church of Christ vs. Cooper.

“The core protection of the First Amendment is that government may not regulate religious beliefs or take sides in religious controversies,” says Jonathan Martel, a partner at Arnold & Porter LLP. “Marriage performed by clergy is a spiritual exercise and expression of faith essential to the values and continuity of the religion that government may regulate only where it has a compelling interest.”

http://www.amendmentonechallenge.org/

http://www.slate.com/blogs/outward/...orth_carolina_which_forbids_gay_marriage.html
 
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