Lyle Denniston

Jun 5 2015

UPDATED: Same-sex marriage reaches Guam

UPDATED Monday: The judge’s opinion explaining the decision is now available, here.

A federal judge in the U.S. territory of Guam ruled on Friday that its law against same-sex marriage can no longer be enforced, news reports have indicated.  U.S. District Judge Frances Tydingco-Gatewood made her decision from the bench after a hearing on a challenge by a lesbian couple — a challenge that had begun only in April.

The judge announced that she would have an opinion explaining her decision on Monday, and that it would go into effect Tuesday.

The outcome of the case has been anticipated from the time that the U.S. Court of Appeals for the Ninth Circuit ruled in favor of same-sex marriage in other cases last October.  Guam is located in that judicial circuit, and thus the October decision awaited only a local ruling to make it explicitly binding in the territory.

After the couple filed their lawsuit against the ban on April 13, the territory’s attorney general had said that the law was “legally unenforceable,” at least until the issue is settled on a nationwide basis by the Supreme Court.   The Justices are expected to rule on the constitutional issue soon, probably by the end of this month.

A total of thirty-six states and Washington, D.C., now permit same-sex marriage, under court rulings, legislation, or voter-approved ballot measures.

 

Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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