These diaries that update what is happening in the courts with regard to marriage equality do not usually get too much attention here at dkos. The exception is when a ruling comes down striking down same sex marriage bans. However, a great deal goes on prior to that happening. And, there are a few of us who like to keep track of those happenings/issues here. So rather than doing one diary for every event or state, I thought I would try to combine what is happening in the courts in one diary (every so often).
Today, we have news out of Florida, Idaho, and Texas. Follow me below the fold for the discussion.
First from the state of Florida (the fourth most populous state and soon to be third), the state's Attorney General has filed a motion to dismiss the marriage equality (federal) lawsuit in Florida. In the filing, AG Pam Bondi states that recognizing same-sex marriages from others states would "impose significant public harm." This has not worked in other states, but we'll see what happens in Florida.
From the Associated Press:
The attorney general of Florida says in court documents that recognizing same sex marriages performed in other states would "impose significant public harm." Attorney General Pam Bondi has filed a response that asks a federal judge to throw out the lawsuit. Bondi's office says the state has a legitimate interest in defining a marriage as between a man and woman because Florida's voters adopted an amendment in 2008 that banned same-sex marriages. The filing also says same-sex marriage recognition would create significant problems for the state's pension and health insurance programs.
via
JMG
Joe Jervis reminds us that Pam Bondi took office in 2010 after being endorsed by Sarah Palin.
And, in Idaho, Governor Otter has asked the Ninth Circuit to skip the three judge panel and go straight to en banc review of that states marriage ban. The brief states that the Governor believes that this case is better for decided the standard of review for cases involving issues of sexual orientation (than the SmithKline case).
And, in Texas, the Fifth Circuit has set up a briefing schedule for the case involving the preliminary injunction of the marriage ban in that state. The appeals court already rejected the motion to fast-track the briefing and argument in this case. Now, the state's initial brief will be due July 9. And, the plaintiffs' answering brief will be due thirty days later. No date has been set for oral argument yet.
via Equality On Trial
Also, in trying to understand the arguments opponents are making in court against marriage equality, Jeffrey Toobin has a article in The New Yorker. It is entitled, "An Anti-Gay-Marriage Lawyer's Losing Streak." It's a good read.