User blog:Psiphiorg/Updates for August 18-31, 2013

These two weeks have also been very busy in the marriage equality front, particularly in New Mexico.


 * Arkansas:In Wright v. Arkansas, the state moved to dismiss the state, the Governor, and the Attorney General as defendants in the case, and to dismiss the case in its entirety. They also filed a brief opposing the plaintiffs' motion for a temporary restraining order. All of the county clerks who are being sued filed answers to the plaintiffs' claims; the clerks are represented by three sets of lawyers, each set representing one or more counties.
 * Colorado:Initiative 43's proponents filed their petition format on August 21, and the Secretary of State's office approved it on August 23. The proponents have until February 17, 2014 to gather 84,105 valid voter signatures from anywhere in the state in order to get the question on the November 2014 ballot.
 * District of Columbia:A new marriage lawsuit has been filed, specifically regarding common-law marriages for same-sex couples. A male couple lived together for 20 years and presented themselves as married, but did not apply for a marriage license when D.C. began issuing them to same-sex couples in 2010. One of the men died, and a copy of his will from five years before the couple met was used to deny the surviving spouse's inheritance. D.C. is one of only four jurisdictions in the United States which recognize both same-sex marriage and common-law marriage (the others being Iowa, New Hampshire, and Rhode Island). This may be the first case dealing with both issues.
 * Hawaii:Governor Abercrombie presented the legislature, which is not currently in session, with a draft marriage bill. As currently written, if passed, marriage licenses could be issued as soon as October 3, and marriages could begin on November 1. The Governor is still deciding if and when to call a special session of the legislature to debate and vote on the bill.
 * Illinois:
 * In Darby v. Orr, the judge granted an extension of time requested by the Cook county clerk, David Orr, possibly to allow the legislature to finalize SB10.
 * The Speaker of the House extended the third reading deadline on SB10 back to November 30. The legislature resumes October 22.


 * Montana:In Donaldson v. Montana, the state received an extension of time to file their reply brief.
 * New Mexico:
 * On August 21, the Doña Ana county clerk began issuing marriage licenses to same-sex couples.
 * On August 22, in Hanna v. Salazar, Judge Sarah Singleton directed the Santa Fe county clerk to begin issuing marriage licenses to same-sex couples or come to court to explain why that shouldn't happen. At 2pm on August 23, the clerk complied. Additional hearings are scheduled for September 4 at an unspecified time and September 26 at 3:30pm. On August 29, the state Supreme Court denied a request to consolidate all other marriage cases, calling the issue moot.
 * On August 26, in Griego v. Oliver, Judge Alan Malott directed the Bernalillo county clerk to begin issuing marriage licenses (he would have directed the same to the Santa Fe clerk had the order in Hanna not already been complied with). At 8am on August 27, the clerk complied. Another hearing is scheduled for October 17 at 10:30am. On August 29, the 31 county clerks who were not parties (Santa Fe and Bernalillo) sought to intervene in that case to provide clarity on the issues.
 * On August 27, the clerks in San Miguel and Valencia counties stated their intention to begin issuing marriage licenses. On August 28, they began issuing them.
 * On August 27, in Stark v. Martinez, Judge Jeff McElroy directed the Taos county clerk to begin issuing marriage licenses to same-sex couples or come to court to explain why that shouldn't happen. At 8am on August 28, the clerk complied. A hearing is scheduled for September 5 at 9am.
 * On ?, in Newton v. Stover, Judge ? directed the Los Alamos county clerk to begin issuing marriage licenses to same-sex couples or come to court to explain why that shouldn't happen. On September 3, the clerk chose to go to court. The hearing is set for September 4.
 * On August 29, Gering v. Garbagni was filed against the Sandoval county clerk. A hearing has not yet been held in this case.
 * On August 29, seven state legislators filed Sharer v. Ellins, seeking to have the Doña Ana county clerk stop issuing marriage licenses to same-sex couples. No hearing has yet been scheduled in this case.


 * Ohio:Deadlines were announced in Obergefell v. Kasich: Answers are due from defendants by September 13. Any exhibits must be ready by October 11. Discovery and any expert witnesses must be finished by October 25, and no motions may be filed after October 29. A hearing is scheduled for December 18.
 * Oklahoma:In Bishop v. US, the US and the county clerk responded to the plaintiffs' motion for summary judgment, and the plaintiffs replied to the US's brief opposing final judgment on the DOMA §3 claims.
 * Pennsylvania:In Commonwealth v. Hanes, a number of new documents were filed by both sides. Also, 32 couples who had received marriage licenses from Clerk Hanes sought to intervene in the case to represent their own interests. The Department of Health objected to this, suggesting that since the marriage licenses were void, these couples had no interest in the outcome of the case. The issue of the intervenors is not on the schedule for the hearing now scheduled for September 4 at 10:00am; only the following questions are under review:
 * Does the Commonwealth Court lack jurisdiction because clerk is a judicial officer?
 * Is the clerk's issuance of a marriage license a judicial act?
 * Does the Department of Health have standing to request a writ of mandamus?
 * If the Department of Health does not have standing, does the Attorney General's delegation of the duty to defend the constitutionality of the marriage statute to General Counsel have any effect on this case?
 * Can the constitutionality of the marriage statute be raised as a defense to this action?


 * South Carolina:Bradacs v. Haley was filed, seeking to strike down South Carolina's marriage ban through a couple legally married in another state but whose marriage is not recognized at home.
 * Texas:The Texas Supreme Court scheduled oral arguments on the two same-sex divorce cases, In the Matter of the Marriage of J.B. and H.B. and Texas v. Naylor, for November 5 at 9am.