Judge Orrick still intends to unseal the Prop 8 Trial video in August, 2020 (ten years after decision). Proponents plan to appeal to the 9th Circuit to prevent unsealing the video.

Looks like there will be a Zoom hearing on Wed. June 17th @ 2PM PT on the issue of unsealing the video from the Prop 8 Trial. Link for the press & public to attend: https://cand-uscourts.zoomgov.com/j/1608793903?pw...

TN: Appellate court dismisses anti same-sex marriage lawsuit against Williamson County Clerk

The Tennessee Court of Appeals dismissed a case brought by a group of conservative Williamson County residents who sued in an effort to invalidate all Tennessee marriage laws.

The lawsuit, filed against Williamson County Clerk Elaine Anderson and Tennessee Attorney General Herbert Slatery, argued that a 2015 U.S. Supreme Court decision legalizing same-sex marriage nullified all state marriage laws.

In an opinion handed down Tuesday, the appellate court sided with Williamson County Chancellor Joseph Woodruff, who first dismissed the lawsuit.

The appellate court didn't mince words in its decision.

"Even the dissenters in Obergefell would not claim that the decision wiped away marriage licensing laws," wrote Judge W. Neal McBrayer in the court's opinion.

The court's decision also confirmed the plaintiffs do not have standing and failed to show how federal laws allowing same-sex marriage would cause them harm.

"None of the citizen plaintiffs alleged that they were denied a marriage license; instead, they complain of the issuance of marriage license to others," the court's opinion says.

https://www.tennessean.com/story/news/local/willi...

Note: This group filed similar suits in two different counties in TN. As far as I know, the case in Bradley County is still pending.

The District Court's order on the planned release of the Prop 8 Trial video in 2020 is being appealed to the 9th Circuit.

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight. Appeal of Order on Motion to Unseal Document,, Order on Motion to File Amicus Curiae Brief, [878] (Appeal fee of $505 receipt number 0971-12120657 paid.) (Cooper, Charles) (Filed on 2/16/2018)

What is Mr. Cooper afraid of?

For those who have been waiting for the Prop 8 trial tapes, the District Court has just issued the following order:

ORDER ON [852] MOTION TO UNSEAL VIDEOTAPED TRIAL RECORDS by Judge William H. Orrick. The recordings shall be released to movants on August 12, 2020, absent further order from this Court. Proponents shall file any motion to continue the sealing no later than 4/1/2020. [863] Motion to File Amicus Curiae Brief is GRANTED. (jmdS, COURT STAFF) (Filed on 1/17/2018)

which sounds like about 10 years after Judge Walker's decision.

Update from Tennessee

Previously I posted about a suit filed in state court by a local pastor and a County Commissioner trying to make the case that ALL marriage licenses issued in TN since Obergefell are invalid since there has not been a new marriage law passed in TN after SCOTUS declared Tennessee's marriage law unconstitutional.

Yesterday a hearing was held on a motion filed by the Bradley County Clerk requesting summary judgment. I was unable to attend but there was a lengthy article in this morning's Chattanooga Times Free Press about the hearing:
http://www.timesfreepress.com/news/local/story/20...

My favorite quote from the Judge was what he said to the Plaintiffs (represented by the Family Action Council of TN)...

"Does the 14th Amendment apply everywhere but Tennessee?"

A trial is tentatively scheduled for late February but I would be very surprised if it gets that far.

News from Tennessee

A hearing is scheduled on December 13th in state court in Bradley County, TN in a case filed in February, 2016 by a local pastor and a County Commissioner (represented by the Family Action Council of TN). The suit is trying to make the case that since SCOTUS declared TN's marriage laws unconstitutional in Obergefell, that ALL marriages performed in TN since Obergefell are invalid as TN has not passed a new marriage law in the mean time. The suit claims that the Obergefell ruling leaves many questions unanswered, such as:

Would a person who officiates a wedding be subject to criminal sanctions since the licenses are not valid?
Would marriages performed subsequent to Obergefell be considered common law marriages?

and many more, equally important (er, ridiculous), questions.

Here's a link to a story that was published locally when the suit was originally filed: http://clevelandbanner.com/stories/lawsuit-hits-s...

Since I happen to live in the county where the hearing will be held, I'm going to try to attend. I don't think they'll let me bring popcorn into the courtroom.

Sen. Warren’s new bill could give gay couples refund on back taxes
http://www.washingtonblade.com/2017/07/13/sen-war...

A new bill led by Sen. Elizabeth Warren (D-Mass.) in the U.S. Senate would make gay couples potentially eligible for a refund on their back taxes if they married more than three years before the U.S. Supreme Court struck down the anti-gay Defense of Marriage Act.

In the Senate, the legislation is co-sponsored by 30 senators — all Democrats. Among them are Senate Minority Leader Chuck Schumer (D-N.Y.), lesbian Sen. Tammy Baldwin (D-Wis.), Sen. Bernie Sanders (I-Vt.), Sen. Tim Kaine (D-Va.) and Sen. Kamala Harris (D-Calif.).

Rep. Richard Neal (D-Mass.) leads the legislation in the U.S. House, where 39 other lawmakers have co-sponsored the bill.

The plaintiffs in this case are the two individuals who don't want their taxes to go toward benefits for the same-sex spouses of city employees. In view of the Arkansas case, they are unlikely to be in a hurry to get into the federal court system.

By sending it back to a Texas state trial court, it will take more time before it reaches the Texas Supreme Court again. By the time it does, there may have been an opportunity for the current President to fill another SCOTUS seat that is currently held by one of the Obergefell majority.