Issue 4 Volume 42
Celebrating 41 Years!
FRIDAY January 24, 2014 FREE! 25¢ in bookstores & newsstands
Sec 2 Pg. 1
Seattle Gay News SEATTLE’S LGBT NEWS & ENTERTAINMENT WEEKLY
Virginia Attorney General rules state marriage ban unconstitutional Steve Helber / AP
Virginia Attorney General Mark Herring
Will not defend it in pending suits by Mike Andrew SGN Staff Writer Virginia Attorney General Mark Herring announced on January 23 he had concluded that his state’s ban on same-sex marriage was unconstitutional. Consequently, he said, he will not defend the law in two lawsuits challenging it. “After thorough legal review, I have now concluded that Virginia’s ban on marriage between same sex couples violates the Fourteenth Amendment of the U.S. Constitution on two grounds: marriage is a fundamental right being denied to some Virginians, and the ban unlawfully discriminates on the basis of both sexual orientation and gender,” Herring wrote in a court filing. “As attorney general I cannot and will not defend laws that violate Virginians’ rights,” Herring explained later in an NPR interview. “That’s what I have pledged
over and over to do, is to put the law and put Virginians first. … It’s about what the law requires here, and we have concluded, I have concluded, that the law here is unconstitutional, and I think the Supreme Court … would find the law unconstitutional.” Herring, a Democrat, was elected in November by a slim 907-vote margin over his Republican opponent, and took office in January. His predecessor in the Attorney General’s office, rightwing Republican Ken Cuccinelli, lost his race for Governor to Terry McAuliffe. Cuccinelli promised to defend Virginia’s marriage law in court if he was elected Governor. Herring’s office filed papers announcing the Attorney General’s new position in the pending marriage lawsuit Bostic v. Rainey, in which AFER (Americans for Equal Rights) attorneys Ted Olson and David Boies are counsel. see virginia page 8
Utah gets extension on filing Head of Eastside appeal as ACLU sues state Catholic resigns
The federal Tenth Circuit Court of Appeals granted Utah’s request for an extension on filing papers in The legal situation for same-sex the pending marriage case, while couples in Utah has become even the ACLU sued the state on behalf more complex. of four Gay and Lesbian couples by Mike Andrew SGN Staff Writer
lgbt-idea
AP Photo / Rick Bowmer
Two of some 1300 plaintiffs in the lawsuit brought by the ACLU against the state of Utah, Matthew Barraza (l) and husband Tony Milner with their son, Jesse
who married before the U.S. Supreme Court called a temporary halt to same-sex marriages in the state. In a January 21 announcement, Tenth Circuit clerk Elisabeth Shumaker said the court would extend the deadline for the state’s filing by seven days. Instead of January 27, Utah’s attorneys now have until February 3 to submit their opening brief. Other deadlines will be extended “by a corresponding amount,” Shumaker said, meaning that the response from same-sex couples will be due February 25, and any reply from the state must be filed by March 4. The Tenth Circuit said when it accepted Utah’s appeal that “requests for extension of time are very strongly discouraged and will be considered only under extraordinary circumstances.” The state’s attorneys asked for a 10-day extension on January 17. The next day, attorneys for Gay couple Derek Kitchen and Moudi Sbeity, and Lesbian couples Laurie Wood and Kody Partridge, and Karen Archer and Kate Call filed a motion opposing the state’s request. They argued that none of
Sister Mary Tracy
by Shaun Knittel SGN Associate Editor
Sister Mary Tracy, head of Eastside Catholic high school, submitted her resignation as president, effective immediately, on Monday. “Sr. Mary came to this decision see utah page 18 after much prayer and reflection.
For Sr. Mary it was a difficult but necessary decision so that a new leader can be brought in to ensure the entire Eastside Catholic community is moving forward on a positive path,” said a statement from Brad Bastian and Tom Padilla, acting chairs of the school’s see eastside page 4