Last week was a great week for same sex marriage in the courts, but now many of those laws are enmeshed in challenges in the appellate system. By the time same sex marriage truly becomes the law of the land, everyone who has been following it will be masters in court structure and procedure.
Arkansas:Â Arkansas’s same sex marriage was thrown out last week, but since then, it has been enmeshed in legal disputes. Judge Piazza, the original trial judge, struck down the states constitutional ban on same sex marriage. However, his ruling did not also strike down a law that forbids clerks from giving marriage licenses to same sex couples. An appeal of the case to the Arkansas Supreme Court from the state for a stay was a mixed victory. The Court found that the ban on marriage licenses was still in place, but they denied the stay as they did not consider Judge Piazza’s ruling to be complete. They also dismissed the appeal as “premature.” Now, all eyes are on Piazza to settle this matter and start the next step in this process.
Idaho:Â Idaho’s same sex marriage ban was thrown out last week, but Governor Butch Otter has vowed to take the case all the way to the Supreme Court. After failing to gain a stay from the US District Court, the Ninth Circuit finally granted Otter a stay while it considered the matter, halting same sex marriages less than 24 hours before they were due to start in that state.
Maine:Â Maine approved same sex marriage in 2012, but the 2009 referendum that blocked the legislature approved marriages is back in the spotlight. Ethics investigators have found that the National Organization for Marriage acted inappropriately during the 2009 campaign by not filing as a referendum committee and for not adequately disclosing the names of donors. The state is currently mulling a fine of up to $50,000 for these infractions.
Oregon:Â Oregon’s same sex marriage trial moved quickly this week, and as most of you already know, Judge Michael McShane ruled in favor of same sex marriage for the state. Previously, he had batted down the National Organization for Marriage’s attempt to defend the law since the attorney general of Oregon had refused to do so. A last minute stay request by NOM was denied by the 9th Circuit Court of Appeals. Oregon marks the 13th consecutive same sex marriage victory.
