Friday, January 9, 2015

Vietnam!

Vietnam has repealed its ban on same-sex marriage. The decision might be a strategic move to improve the country's image and encourage gay tourism. It is also part of an effort to get the country to accept gays and lesbians in general and to show such marriages are not harmful to society. However, removing the ban does not mean the country has legalized it – same-sex couples do not have the same legal rights and responsibilities as straight couples. It's a step in the right direction.



Ari Ezra Waldman notes something significant about marriage equality coming to Florida. The 11th Circuit has not yet ruled on marriage equality. The Supremes refused to grant a stay, marking the first time the Supremes helped to bring about marriage equality without a ruling from a Circuit Court. Waldman sees that as a sign the Supremes won't stop marriage equality – though many others have noted an option the Supremes have is to declare that a state may do what it wants.



Cecil Bell of the Texas state legislature has introduced a bill that would continue to ban same-sex marriage in Texas and also (as the Texas Observer wrote) "grant Texas sovereign immunity under the 11th Amendment o the U.S. Constitution when it comes to enforcing the law, 'regardless of a contrary federal court ruling.'" Translation: when it comes to marriage we're our own country and whatever the Supremes say about gay marriage will mean nothing here.

I took a look at the 11th Amendment. It says a citizen of one state can't sue the gov't of another. It doesn't say anything about protecting a state from the US Constitution. So good luck with that.

The reason for Bell's bill is the Texas ban was before the 5th Circuit today. Judge Higgenbotham is considered the swing vote on that 3 judge panel and he seems skeptical and amused by the arguments Louisiana, Texas, and Mississippi are using to justify their bans.



There is no news about whether the Supremes accepted the same-sex marriage case out of Michigan. That case was on the agenda for today's session to decide which cases to accept. News might come Monday or might come the next time the Supremes have such a meeting.

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