Showing posts with label Utah. Show all posts
Showing posts with label Utah. Show all posts

Wednesday, February 5, 2014

Will Utah Make Legislative Baby Steps?

After a federal judge did what should have been a no-brainer to everyone and slapped down Utah's criminalization of polyfidelity and polyamorous cohabitation, a state legislator is trying to make baby steps in the law, as reported by Antone Clark at standard.net...
Rep. Jerry Anderson, R-Price, said House Bill 56 was inspired by a federal judge's ruling in December striking down part of the state's law banning polygamy, following legal action brought by the stars of a TV reality series "Sister Wives." The court ruling threw out the state's section of law prohibiting cohabitation, saying it violates the constitutional guarantee of due process and religious freedom.

Not to mention freedom of association, right to privacy, etc.
His bill is only 29 lines long, and essentially changes the definition of cohabitation and then points out under existing law, bigamy is a third-degree felony.
Bigamy shouldn't be a crime unless it involves fraud. An adult should be free to marry any & all consenting adults. If someone is married and they are marrying another, that shouldn't be hidden from current spouses. Absent that sort of deception, there's no reason for polyamorists to be denied their fundamental rights.
He said the state's existing bigamy definition forces many people into the shadows. He said thousands of schoolchildren list their fathers as unknown, to avoid dealing with the implications of being in violation of the law.

He said the state's existing definition of bigamy puts police officers in a tough position.
Exactly. Criminalization of consensual adult relationships is destructive, causing many unnecessary problems.

This is a baby step. Really, any US state needs relationship rights, including full marriage equality, for all.

UPDATE: The bill is "dead" as the lawmakers sit around waiting for further court action. Sigh.

Sunday, December 29, 2013

UTAH: State GOP To Spend $2M On Outside Counsel To Fight Gay Marriage

Utah House Speaker Becky Lockhart (R-Duh) says that the state GOP is willing to spend $2M to fight same-sex marriage before the Supreme Court, if necessary.
"We need the best we can get," House Speaker Becky Lockhart, R-Provo, said after a House GOP leadership meeting Friday with newly named Attorney General Sean Reyes. "He's coming into this, frankly, in the middle." Reyes laid out his case for bringing in help to seek a stay from the U.S. Supreme Court of last Friday's ruling striking down Amendment 3, a decision resulting in same-sex marriage being allowed in Utah. He has said he also intends to use the outside counsel to bolster the state's appeal of U.S. District Judge Robert Shelby's ruling to the 10th Circuit Court of Appeals and possibly to the Supreme Court. After hearing Reyes' strategy and the projected cost, Lockhart said the House Republican majority leadership "felt comfortable telling him, 'Move forward with what you think is in the best interest of the state.' "
Lockhart: "To go through the court process on an issue that, on a 2-to-1 vote the people of our state felt was important to have in our constitution, I think is of value."

Friday, December 27, 2013

Gays Shatter Utah Marriage Records

From the Salt Lake Tribune:
In the week since a federal judge overturned Utah’s ban on same-sex marriage, the number of weddings in the state has skyrocketed, shattering records and accruing thousands of dollars for Utah’s 29 counties. As of close of business Thursday, more than 1,225 marriage licenses had been issued in Utah since last Friday, according to numbers obtained by The Salt Lake Tribune. Of those, at least 74 percent were issued to gay and lesbian couples. Salt Lake County had the most marriages in the state this week, which is typical. But the numbers themselves were anything but. Shattering a previously held record of 85 marriages in a given day, Salt Lake County handed out 353 on Monday — their first full day of issuing marriage licenses to same-sex couples.
And these number don't include today.

Dear Utah, Love California

UTAH: State Employees Now Eligible To Apply For Spousal Benefits

Via the Salt Lake Tribune:
Following a landmark federal ruling striking down Utah’s ban on same-sex marriage, the agency that insures tens of thousands of Utah public employees will extend benefits to newly legal spouses. "These are not luxuries ... medical treatment and health insurance are among our most basic needs, so it has a direct impact on a lot of Utah families," said Clifford Rosky, a law professor at the University of Utah and board chairman of Equality Utah. "I think it’s really great news." The Public Employees Health Program (PEHP) provides benefits for Utah state government, one of the largest employers in the state. An independent state agency, PEHP covers about 50,000 employees, including those at 300 Utah cities, counties, school districts and other public agencies. Counting dependents, it insures some 140,000 people.
PEHP is also exploring how to treat same-sex marriages conducted in other states.

HRC Vs Utah

Via press release from the Human Rights Campaign:
This afternoon, we learned via a statement from the AG's office that Utahns may soon be on the hook for millions in legal fees to defend discrimination. According to the statement, an appeal to the Supreme Court will be delayed so that the office can hire and consult with outside counsel, all at the expense of taxpayers. No other details -- the counsel, the contracted dollar amount -- were provided. Defending discrimination is indefensible. Defending discrimination while expending millions of taxpayer dollars to do so is beyond explanation. It should be an affront to all Utahns that their hard-earned tax dollars -- dollars that should be going into schools, roads or health programs -- will instead be used to be on the wrong side of history.

Thursday, December 26, 2013

Same-Sex Marriage Going Federal: Utah and Ohio

Increasingly, same-sex marriage cases erupting across the nation are finding their way into federal court.  In the post United States Windsor marriage jurisprudence, couples are challenging state constitutional bans on gay marriage by leaps and bounds.

Christmas Eve saw two important cases pending in federal courts in Utah and Ohio continue the momentum toward recognition of same-sex marriages.

The latest state to test these waters is Utah where three same-sex couples filed suit in federal court against the Governor and the Attorney General challenging Utah's state law ban against gay marriage.  The federal court judge assigned to the case recently ruled that the Utah marriage law violated the couples' due process rights and their equal protection under the law.

Utah's AG immediately filed an emergency appeal in the 10th Circuit Court of Appeals to stay the federal judge's order while his appeal is pending.  The AG's motion to stay was denied in a concise 2-page order issued by the 10th Circuit on Christmas Eve.

Without a stay in place, the floodgates were opened and exploited by couples awaiting recognition of their marital status: 300 couples were married in Salt Lake County alone.

Meanwhile, in Ohio, the federal court judge presiding over the death certificate challenge, the subject of an earlier blog post, ruled that valid out-of-state same sex marriages must be reflected on Ohio death certificates.

This momentum will undoubtedly continue as the Windsor decision takes root.  As this post is being written, our blog roll is lighting-up with decisions arising out of cases in New Mexico, Indiana and Oklahoma.  Stay tuned as we try to stay abreast of significant developments.

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info@clarkstonlegal.com


Utah Delays Marriage Appeal To SCOTUS

Many had expected Utah to rush their emergency stay request to Supreme Court Justice Sonia Sotomayor first thing this morning. But not so.
The attorney general’s office is working to prepare the appeal to the Supreme Court on the 10th Circuit’s denial of a stay. Due to the necessity of coordination with outside counsel the filing of the appeal may be delayed for a few days,” he told FOX 13′s Ben Winslow. “It is the intent of the AG’s office to file with the Supreme Court as soon as possible.” The delay means that same-sex marriages would continue to be performed in Utah until the nation’s top court decides. Justice Sotomayor, who oversees the 10th Circuit and Utah federal courts, could either grant or deny the stay, or she could ask the entire U.S. Supreme Court to decide the issue. An appeal of U.S. District Court Judge Robert Shelby’s ruling that declared Amendment 3 unconstitutional is still pending in the 10th Circuit Court of Appeals. If the Supreme Court denies Utah’s request to halt same-sex marriage licenses from being issued, those marriages would continue to happen throughout the appeals process — which could be decided by 2015.
All but one of Utah's 29 counties are issuing same-sex marriage licenses today. In that one tiny county, the clerk is on vacation.

Tuesday, December 24, 2013

BREAKING: Tenth Circuit Court DENIES Marriage Stay In Xmas Eve Order

Via Chris Geidner at Buzzfeed:
The 10th Circuit Court of Appeals denied the state of Utah’s request to stop same-sex couples’ marriages during the appeal of the judge’s ruling that started those marriages on Friday.“Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted,” Judges Jerome Holmes and Robert Bacharach wrote in an order signed by court clerk Elisabeth Shumaker for the court.

The denial means that a Friday decision by Judge Robert Shelby striking down the state’s ban on same-sex couples marrying will remain in place during the appeal of the case, absent a contrary ruling from the Supreme Court — to which Utah officials could appeal. Interim requests of the type that would be filed in this situation would go to Justice Sonia Sotomayor, who oversees such requests from the 10th Circuit. She could either decide the matter on her own or refer the matter to the whole court for consideration.
Merry Christmas, UTAH!

UPDATE: The state is going right to Sotomayor.

Tenth Circuit Remains Silent As More Utah Counties Issue Marriage Licenses

The Tenth Circuit Court of Appeals gave a deadline of 5PM last night for objections to the stay demanded by Utah Gov. Gary Herbert.  Some had expected a ruling first thing this morning and one may still be coming today. In the meantime, two more Utah counties have relented and begun issuing licenses. Yesterday the Cache County clerk's office had locked the doors rather than serve anybody, gay or straight.

Another Polygynous Family Gets TLC Series

The Browns of "Sister Wives" have done a lot of good for polygyny, the larger scope of polygamy, and the still-larger scope of polyamory. Now the Williams are getting a series on TLC after their special in September tested the waters and drew good ratings. Here's the report from the Associated Press at dailymail.co.uk...
The cable TV network said Thursday it will produce nine, one-hour episodes about Brady Williams and his five wives and 24 children. The first episode is set to debut March 9.
These series feature polygyny, but there are so many ways polyamory can lived out, and hopefully, we'll see some variety in the future. For example, I'd like to see a series with a polyandrous triad, and definitely one with a same-gender triad.

Reality stars! TLC will produce nine, one-hour episodes about Brady Williams (center) and his five wives, pictured, from left, Paulie, Robyn, Rosemary, Nonie and Rhonda
Reality stars! TLC will produce nine, one-hour episodes about Brady Williams (center) and his five wives, pictured, from left, Paulie, Robyn, Rosemary, Nonie and Rhonda


Members of the Williams family are among an estimated 15,000 independent polygamists in the West who don't belong to an organized, fundamentalist Mormon church. Williams and his wives withdrew from the Apostolic United Brethren during the mid-2000s after re-evaluating their core beliefs.

The family no longer teaches the tenets of fundamental Mormonism to their children at home, opting instead to take from other teachings such as Buddhism to instill good, morale values in their two dozen children, who range in age from 2-20.

Interesting.


The real story: Mr Williams poses with Robyn (left) and Rosemary (right) outside of their home in a polygamous community outside Salt Lake City
In addition to the Browns and now the Williams family, TLC also has done a special featuring the Darger family of Utah. HBO's fictional show about a polygamous family, 'Big Love,' ran for five seasons.
Following the recent court ruling [decriminalizing polyfidelity in Utah], Williams said now is the time for polygamists to show they are deserving of the recognition by putting an end to the misogyny rampant among the culture and putting women on equal footing as men.
 Yes, we are making progress for equality. 
The practice of polygamy is a legacy of the early teachings of The Church of Jesus Christ of Latter-day Saints, but the mainstream church and its 15 million members worldwide abandoned polygamy in 1890 and strictly prohibit it today.

Hmm. That could have been written better. Many American polygynists have Mormon roots, but polygamy is as old as life.

These television shows are helping more people to see that an adult should be free to marry any and all consenting adults, and that's a great thing.

Another Polygynous Family Gets TLC Series

The Browns of "Sister Wives" have done a lot of good for polygyny, the larger scope of polygamy, and the still-larger scope of polyamory. Now the Williams are getting a series on TLC after their special in September tested the waters and drew good ratings. Here's the report from the Associated Press at dailymail.co.uk...
The cable TV network said Thursday it will produce nine, one-hour episodes about Brady Williams and his five wives and 24 children. The first episode is set to debut March 9.
These series feature polygyny, but there are so many ways polyamory can lived out, and hopefully, we'll see some variety in the future. For example, I'd like to see a series with a polyandrous triad, and definitely one with a same-gender triad.

Reality stars! TLC will produce nine, one-hour episodes about Brady Williams (center) and his five wives, pictured, from left, Paulie, Robyn, Rosemary, Nonie and Rhonda
Reality stars! TLC will produce nine, one-hour episodes about Brady Williams (center) and his five wives, pictured, from left, Paulie, Robyn, Rosemary, Nonie and Rhonda


Members of the Williams family are among an estimated 15,000 independent polygamists in the West who don't belong to an organized, fundamentalist Mormon church. Williams and his wives withdrew from the Apostolic United Brethren during the mid-2000s after re-evaluating their core beliefs.

The family no longer teaches the tenets of fundamental Mormonism to their children at home, opting instead to take from other teachings such as Buddhism to instill good, morale values in their two dozen children, who range in age from 2-20.

Interesting.


The real story: Mr Williams poses with Robyn (left) and Rosemary (right) outside of their home in a polygamous community outside Salt Lake City
In addition to the Browns and now the Williams family, TLC also has done a special featuring the Darger family of Utah. HBO's fictional show about a polygamous family, 'Big Love,' ran for five seasons.
Following the recent court ruling [decriminalizing polyfidelity in Utah], Williams said now is the time for polygamists to show they are deserving of the recognition by putting an end to the misogyny rampant among the culture and putting women on equal footing as men.
 Yes, we are making progress for equality. 
The practice of polygamy is a legacy of the early teachings of The Church of Jesus Christ of Latter-day Saints, but the mainstream church and its 15 million members worldwide abandoned polygamy in 1890 and strictly prohibit it today.

Hmm. That could have been written better. Many American polygynists have Mormon roots, but polygamy is as old as life.

These television shows are helping more people to see that an adult should be free to marry any and all consenting adults, and that's a great thing.

Monday, December 23, 2013

BREAKING: Judge Shelby DENIES Stay Demand, Marriages To Continue

And now the state will run to the Tenth Circuit Court for the third time, but this time their appeal will be considered. Meanwhile, hell has frozen over and pigs are FLYING in Utah.

Kate Kendell's Daughter Just Got Married

The daughter of National Center for Lesbian Rights head Kate Kendell just got married in the Salt Lake County office. Hundreds of others are still waiting for their turn and all eyes are on phones as they await Shelby's ruling.

UTAH: Judge Shelby Calls Recess To Decide Stay Request From Governor

These tweets are from a reporter for the Fox local affiliate. Stand by...

Meanwhile In Provo...

Utah County is the home to Brigham Young University.

BREAKING: Tenth Circuit Again Denies Stay Request By Utah Governor

We're still waiting on the ruling from District Judge Shelby. Read the Tenth's second denial here.

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