Hawaii’s federal marriage equality case Jackson v. Abercrombie appealed to the Ninth Circuit Court of Appeals
September 18, 2012
By Scottie Thomaston
Hawaii’s federal marriage equality lawsuit, Jackson v. Abercrombie, resulted in a loss for the plaintiffs in district court. The judge applied a form of rational basis review in which he suggested the legislature can “rationally speculate” as to a basis for the law, and the anti-gay marriage law passed that form of review. The judge also found Baker v. Nelson, a 1972 summary dismissal by the Supreme Court on the question of same-sex marriage, controlling precedent in this case.
Both the plaintiffs and the Governor have appealed the case to the Ninth Circuit Court of Appeals. In Governor Abercrombie’s notice of appeal, he writes that he is a true appellant in the case, not a cross-appellant, as he supports the plaintiffs in their claim that the anti-gay marriage law is unconstitutional. Since he suggests he is an appellant, he asks the court to consolidate his appeal with the plaintiffs, and allow them to file their opening briefs at the same time.
h/t Kathleen for these filings
Plaintiffs’ notice of appeal:1:11-cv-00734 #121
Time Schedule Order:12-16995 #1-2
Governor Abercrombie’s notice of appeal:1:11-cv-00734 #123
Time Schedule Order:12-16998 #1-4