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2 APRIL 10, 2014 METROWEEKLY.cOM METROWEEKLY.cOM APRIL 10, 2014 3 Now online at MetroWeekly.com Poliglot: SCOTUS declines discrimination case NewsLGBT News: OHR launches #safebathroomsDC Courts Poised for Next Round on Marriage Latest chapter in marriage equality starting now in courtrooms coast to coast by Justin Snow or the FirSt time Since the challenge to california’s Proposition 8, numerous fed- eral appeals courts have just Fbegun to hear oral arguments in cases challenging same-sex marriage bans from states across the nation. the latest chapter in the marriage- equality movement comes after a flood of victories in every region of the United States, particularly after the Supreme court struck down Section 3 of the Defense of marriage Act last June, with all roads of this latest phase leading to the Supreme court once more. on S n on April 10, the 10th circuit court of A r F Appeals is set to hear oral arguments in DD Kitchen v. Herbert, challenging Utah’s to same-sex marriage ban. one week later, U.S. Supreme Court on April 17, the same appellate court indeed, since the Supreme court’s Dakota and South Dakota – have no cur- will hear arguments in a case challeng- sweeping 5-4 decision authored by Jus- rent lawsuits challenging their respec- ing oklahoma’s same-sex ban, Bishop v. tice Anthony Kennedy declaring the fed- tive same-sex-marriage bans. Advocates Smith. on may 13, the 4th circuit court eral definition of marriage as between a believe that in the next few months even of Appeals will hear oral arguments in man and a woman in violation of the U.S. those states will face court challenges. Bostic v. Schaefer, which is challeng- constitution, three state courts and eight According to the human rights cam- ing Virginia’s same-sex marriage ban. federal courts have sided with same- paign, 90 percent of the cases filed have oral arguments have yet to be scheduled sex-marriage proponents and universally followed the Supreme court’s decisions for a number of cases as well. Sevcik v. quoted some aspect of the Windsor deci- on DomA and Proposition 8 just 10 Sandoval of nevada is before the 9th sion in their rulings. months ago. circuit court of Appeals and DeLeon v. “the federal courts are reflecting both “the next few months will bring Perry of texas is before the 5th circuit. that momentum in public opinion and another chapter where we’re going to Four cases — Tanco v. Haslam of ten- the additional constitutional clarity that see federal appellate courts now hearing nessee, Bourke v. Beshear of Kentucky, came out of our win at the Supreme and ruling on the freedom to marry,” said Obergefell v. Kasich of ohio and DeBoer v. court in the DOMA case,” said evan Wolfson. “it is another stage, another Snyder of michigan — are before the 6th Wolfson, founder and president of Free- step in this build toward our goal of a suc- circuit court of Appeals. in each case dom to marry. cessful return to the U.S. Supreme court a federal judge has found either part or And more rulings are expected. there to finish the job.” all of state bans on same-sex marriage, are nearly 60 state and federal lawsuits the deluge of court challenges illus- or recognition of same-sex marriages filed in 28 states, plus Puerto rico, with trates a shift of the marriage-equality legally performed in other jurisdictions, a total of about 250 plaintiffs. only five movement. in 2013, same-sex marriage unconstitutional. states – Alaska, Georgia, montana, north was legalized in rhode island, Delaware, 4 APRIL 10, 2014 METROWEEKLY.cOM METROWEEKLY.cOM APRIL 10, 2014 5 LGBTNews minnesota, new Jersey, hawaii and illi- marriage ban. electoral battles are also getPoint and Greenberg Quinlan ros- nois, following november 2012 wins for being waged in oregon, which could see ner research and released by Americans same-sex marriage at the ballot box in repeal of that state’s same-sex marriage for marriage equality, a coalition led maine, maryland, Washington and min- ban on the ballot in november, as well by the hrc, found 55 percent of voters nesota. And same-sex nuptials resumed as potential 2016 ballot measures in Ari- support marriage equality, including 75 in california for the first time since 2008. zona, nevada and ohio. percent of millennials, and just 40 per- About 40 percent of the U.S. population “You very quickly see the evolution cent opposed. moreover, the poll found now lives in one of the 17 states, plus of the LGBt movement has been one widespread acceptance of gay adoptions D.c., that permit same-sex marriage. But in which we have really constructively and gay parents. with 29 of the states that remain banning strategically looked at the map and seen “this is about much more than mar- same-sex marriage through a constitu- that from a legislative and an electoral riage — these numbers point toward a tional amendment and four through state perspective it is going to be increasingly wide spread and pervasive acceptance laws, there has been an uptick in empha- harder to win these marriage battles,” of gays and lesbians across a variety of sis on legal challenges. said Sainz. “And it has moved to the issues related to the family,” said target “All of the low-hanging fruit is basi- courts largely as a result of our victories Point pollster Alex Lundry, who pre- cally gone in terms of marriage states,” in Perry and Windsor.” viously worked for mitt romney, in a said hrc Vice President Fred Sainz. As the question of the constitutional- statement. “And, when people imagine “You saw the greatest number of states ity of same-sex marriage bans return to a future with national marriage equal- that were possible become marriage federal appeals courts for the first time ity, the picture is far from calamitous: states in 2013. Legislatively we are down since the 9th circuit court of Appeals overwhelming majorities do not believe to basically two states” found california’s same-sex marriage that more kids will grow up gay, and do those states are indiana, where advo- ban unconstitutional in February 2012, not believe there will be more divorce cates successfully beat back a constitu- it coincides with a dramatic shift in pub- among straight couples. moreover, they tional amendment prohibiting same-sex lic opinion. Polls continue to show sup- believe it will mean kids with gay parents marriage that would’ve gone on the ballot port for same-sex marriage, as well as will have more legal and social protec- this year; and nevada, where lawmakers LGBt equality, on the rise among every tions and that these same kids will be less have passed once, and must pass again demographic, with opposition reaching likely to be bullied. they believe it will be next year, language that would go on the all-time lows. easier to grow up gay and that there will 2016 ballot repealing the state’s same-sex A bipartisan poll conducted by tar- be less prejudice against gay people.” l Bowser Wins Nomination Stage set for mayoral race with Catania, while Graham loses to Nadeau in Ward 1 son’s plea deal, Gray’s chief rival, coun- by John riley a UcLA School of Law think tank con- cilmember muriel Bowser (D-Ward 4) ducting research on sexual-orientation surged, consolidating the support of a and gender-identity laws and public pol- number of anti-Gray voters who had pre- icy, the 2010 census shows tracts with iStrict VoterS Went to viously considered other candidates until more than 20 same-sex couples per 1,000 the polls last week to select polls showed Bowser breaking away from households overlapping all or parts of 43 nominees from each of the the pack of challengers. voting precincts in the District. Bowser city’s four major political par- Bowser triumphed over Gray by a won 36 of those 43 precincts, some by tiesD for various offices inn ovember’s gen- 12-point margin, 44 percent to 32 per- lopsided margins. eral election, turning incumbent mayor cent, and won five of the city’s eight Gray won in Precinct 20, a Ledroit Vincent Gray and four-term councilmem- wards, including her home base of Ward Park precinct, and at Precinct 18, in the ber Jim Graham (Ward 1) out of office in 4 and majority- or plurality-white wards city’s Shaw neighborhood. he also won their respective Democratic primaries. west of rock creek Park and in the city’s three precincts – 67, 69 and 70 – in Gray, who has been the target of a fed- downtown and U Street corridors, which the city’s Brookland and michigan Park eral investigation looking into a shadow backed former mayor Adrian Fenty (D) neighborhoods. councilmember tommy campaign during the 2010 mayoral elec- four years ago. Gray won three majority- Wells (D-Ward 6), who came in third tion, was frequently under attack and African-American wards – Wards 5, 7 and overall with 13 percent of the vote, won had flat-lined in polls following a plea 8 – largely on the east side of the Anacos- two other precincts, 90 and 90, located deal with businessman Jeffrey thomp- tia river. Based on results from the D.c. near his capitol hill base. son, who pleaded guilty to directing ille- Board of elections, Bowser also appears overall voter turnout for the April 1 gal campaign contributions into a Gray to have won handily in wards with high primaries was sluggish at many locations.