Lawyer calls for resolution of same-sex marriage issue...now - KUAM.com-KUAM News: On Air. Online. On Demand.

Lawyer calls for resolution of same-sex marriage issue...now

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In a thirteen-page response Attorney Todd Thompson, who represents same-sex couple Kathleen Aguerero and Loretta Panglinan, says the time has come to resolve the marriage equality case before the District Court of Guam. Thompson filed a consolidated reply brief requesting that the court immediately grant summary judgment and preliminary injunction relief.

It has been two months since the same-sex couple was denied the opportunity to apply for a marriage license at the Department of Public Health vital statistics registrar. As a result the couple took their case to the District Court of Guam, naming Governor Eddie Calvo and vital statistics registrar Carolynn Garrido as defendants. According to court documents the District Court has already denied the government's call to "wait and see" what the US Supreme Court decides in regards to the constitutionality of same-sex marriage. Instead of delaying the case the court made the decision to move it forward and set a hearing for June 5.

In Thompson's latest filing with the court, he calls the government's response a "non-opposition" to the pending motions, leaving Thompson's request to temporarily strike Guam law and allow same-sex marriage "unanswered." He further argues that the government does not provide a legitimate legal reason for denying either of the pending motions or for disregarding the 9th Circuit's ruling in the Latta v. Otter case.  

As we reported, Special Assistant AG Mike Phillips, who represents the government, argues that same-sex marriage is not a constitutionally protected fundamental right, further arguing that Guam's marriage laws do not deprive the plaintiffs of constitutional rights and requested that declaratory relief be granted. However, Thompson says that the government's suggestion that the court instead grant declaratory relief is unresponsive and disingenuous.

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