Emails, William Duncan, president, Marriage Law Foundation, Lehigh, Utah, April 8, 2014

4:59 p.m.

Thanks for the call. Here is the list of cases we are aware of:

De Leon v. Perry, 2014 WL 715741(W.D. Tex. Feb. 26, 2014) [Clinton]

Bostic v. Rainey, 2014 WL 561978 (E.D. Va. Feb. 13, 2014) [Obama]

Bishop v. U.S. ex rel. Holder, 2014 WL 116013 (N.D. Okla. Jan. 14, 2014) [Clinton]

Kitchen v. Herbert, 2:13-CV-217, 2013 WL 6697874 (D. Utah Dec. 20, 2013) [Obama]

DeBoer v. Snyder, 2014 WL 1100794 (E.D. Mich. Mar. 21, 2014) [Reagan]

Tanco v. Haslam,  2014 WL 997525 (M.D. Tenn. Mar. 14, 2014) [Clinton]

Bourke v. Beshear, 2014 WL 556729 (W.D. Ky. Feb. 12, 2014) [Bush I]

Lee v. Orr, Case No. 1:13-cv-08719 (N.D. Ill. 2014) [Obama]

If it’s helpful, here is a site from an organization that supports redefining marriage that has the same basic cases listed: http://www.freedomtomarry.org/litigation. The top section represent those with actual decisions already made (that’s why they are on appeal). I should note that Nevada was decided before June and that’s why we haven’t included it on our list. We also included an Illinois case that was technically about whether the state had to issue marriage licenses immediately after the legislature enacted a same-sex marriage bill. The reason for including it was that the judge said the definition of marriage as a husband and wife was unconstitutional.

So, that’s 8.

I’ve placed the name of the president who nominated the judges next to the case name. Six are Democrats, two Republican. No George W. Bush appointees are represented on the list.

I have been trying to think of how to reconcile the statement with these facts. Perhaps he means there have been 30 lawsuits filed and of those all the judges that have ruled (a much smaller set) have ruled for same-sex marriage. That’s reconcilable with the statement you have bolded, though the implication seems clearly to be that there are 30 plus decisions all in favor of same-sex marriage. The reporter’s notes seem to confirm the latter interpretation.

Perhaps it was just a rhetorical flourish but it seems to leave a wrong impression.

Bill

From: Selby, Gardner (CMG-Austin) [mailto:wgselby@statesman.com]

Sent: Wednesday, April 9, 2014 3:08 PM

To: Bill Duncan

Subject: RE: Texas reporter on fact check of David Boies

 

I have now listened to his words:

 

Every one of “more than 30 federal judges who have considered the issue of gay and lesbian rights since last June… has ruled that marriage is a constitutional right and you cannot deprive individual citizens of that right based on their sexual orientation.”

4:09 p.m.

I don’t think that number can be supported.

From: Selby, Gardner (CMG-Austin) [mailto:wgselby@statesman.com]

Sent: Wednesday, April 9, 2014 3:09 PM

To: Bill Duncan

Subject: RE: Texas reporter on fact check of David Boies

 

How would you rephrase?

4:14 p.m.

Since June there have been more than 30 cases filed challenging state marriage laws and eight federal judges have ruled state marriage laws are unconstutional.

From: Selby, Gardner (CMG-Austin) [mailto:wgselby@statesman.com]

Sent: Wednesday, April 9, 2014 3:16 PM

To: Bill Duncan

Subject: RE: Texas reporter on fact check of David Boies

 

That’s a bit different, no?

4:17 p.m.

Definitely