Civil & Human Rights

Virginia is for Lovers: Federal court strikes down state’s same-sex marriage ban

by

Posted by AzBlueMeanie:

Valentine's Day arrived early Thursday evening as the U.S. District Court for the District of Norfolk, Virginia struck down the state of Virginia's same-sex marriage ban. Federal judge strikes down Virginia’s gay-marriage ban:

ValentinesA federal judge in Norfolk struck down as unconstitutional Virginia’s ban on same-sex marriage Thursday night, saying the country has “arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect.”

U.S. District Judge Arenda L. Wright Allen issued a sweeping 41-page Opinion and Order (.pdf) that mentioned at length Virginia’s past in denying interracial marriage and quoted Abraham Lincoln. She struck the constitutional amendment Virginia voters approved in 2006 that both bans same-sex marriage and forbids recognition of such unions performed elsewhere.

She stayed her decision pending appeal to the U.S. Court of Appeals for the 4th Circuit in Richmond, meaning same-sex marriages will not be immediately available in the commonwealth.

AZ Reps. Grijalva and Barber Back Extension of ERA Ratification Deadline

by

by Pamela Powers Hannley

Ratification of the Equal Rights Amendment (ERA) has received bipartisan support in the Arizona Legislature, but Arizona's Congressional delegation appears to be lagging behind. Of Arizona's 11 Senators and Representatives, only two–  Southern Arizona Reps. Raul Grijalva (D- CD3) and Ron Barber (D- CD2)– have signed on to co-sponsor legislation to remove the ERA's ratification deadline.

There are two Congressional bills to remove the ratification deadline. In the House, HJ Res 43 has 104 cosponsors (including Grijalva and Barber), and in the Senate, SJ Res 15 has 34 cosponsors.

The ERA was introduced during every Congressional session between 1923 (when it was originally proposed) and 1972. It finally passed Congress nearly 70 years after it was originally introduced. In the 1970s, there was a ground war at the state level to get 38 state legislatures to ratify the ERA in order for it to become a Constitutional Amendment. The ERA fell 3 states short of ratification; Arizona is one of a handful of states that never ratified the ERA. (Contact and Twitter info for Arizona's Congressional delegation after the jump.)

HCR2016 ERA Ratification Bill Languishes on Speaker Tobin’s Desk

by

Victoria STEELEby Pamela Powers Hannley

Tucson Rep. Victoria Steele has introduced two bipartisan bills to advance the Equal Rights Amendment (ERA) in the Arizona Legislature. One has made it to committee, while the other is waiting on Speaker of the House Andy Tobin's desk.

HCR2016 is a bill to ratify the ERA. Although ERA ratification has 22 sponsors, including four Republicans, it hasn't made it "out of the gate" yet. According to an aid in Steele's office, HCR2016 hasn't had a "first read" yet. Bills are read first by Speaker Tobin, who determines committee assignments. If a bill is never assigned to a committee, it is dead in the water. (HB2016 text here.)

HCM2006 is a memorandum to the federal government asking that the ratification deadline be extended. HCM2006 has 19 sponsors, including two Republicans. The bill has been assigned to the Federalism and Fiscal Responsibility Committee (FFR) but hasn't made it on the committee's agenda… yet. (More about the committee here. HCM2006 text here.)

Bills can be killed in multiple ways: they can be voted down in committee, voted down by the Legislature, or just plain ignored by the Speaker or the committee chair. Although it's early in the session, it appears as if the ERA bills are being ignored– even though the ERA has bipartisan support in the Legislature and broad, popular support among the majority of Americans. (Sponsor list after the jump.)

Federal Court rules Kentucky must recognize out-of-state same-sex marriages

by

Posted by AzBlueMeanie:

Kentucky must recognize same-sex marriages performed in other states, according to a ruling Wednesday by a federal judge, who struck down part of the state ban. Huffington Post reports, Kentucky Ban On Recognizing Out-Of-State Gay Marriages Struck Down By Federal Judge:

EqualIn a 23-page Memorandum Opinion (.pdf) issued Wednesday, U.S. District Judge John G. Heyburn II concluded that the government may define marriage and attach benefits to it, but cannot "impose a traditional or faith-based limitation" without a sufficient justification for it."

"Assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons," wrote Heyburn, an appointee of President George H.W. Bush.

The decision in the socially conservative state comes against the backdrop of similar rulings or actions in states around the country where same-sex couples have long fought for the right to marry. The constitutional ban on same-sex marriage was approved by voters in 2004 and included the out-of-state clause.

The decision came in lawsuits brought by four gay and lesbian couples seeking to force the state to recognize their out-of-state marriages.

Time for the restoration of ex-felon voting rights

by

Posted by AzBlueMeanie:

Bravo to Attorney General Eric H. Holder Jr. for calling for the restoration of ex-felon voting rights. Someone who has repaid their debt to society should not be forever banned from the franchise to vote. This holdover provision from Jim Crow laws should go. We are a better country than this. Holder Urges States to Lift Bans on Felons’ Voting:

Attorney General Eric H. Holder Jr. called Tuesday for the repeal of laws that prohibit millions of felons from voting, underscoring the Obama administration’s determination to elevate issues of criminal justice and race in the president’s second term and create a lasting civil rights legacy.

In a speech at Georgetown University, Mr. Holder described today’s prohibitions — which in some cases bar those convicted from voting for life — as a vestige of the racist policies of the South after the Civil War, when states used the criminal justice system to keep blacks from fully participating in society.

“Those swept up in this system too often had their rights rescinded, their dignity diminished, and the full measure of their citizenship revoked for the rest of their lives,” Mr. Holder said. “They could not vote.”

Mr. Holder has no authority to enact the changes he called for, given that states establish the rules under which people can vote.