January 28, 2014
Same-sex marriage cases from Utah and Oklahoma will be heard by the same panel of judges at the Tenth Circuit Court of Appeals, and both cases are now on a fast-track, after the Tenth Circuit granted an order from Tulsa County Court Clerk Sally Howe Smith today.
Since that request was made, two of the plaintiffs filed a cross-appeal in the case, challenging the district court judge’s ruling that they lacked Article III standing to fight the part of Oklahoma’s marriage ban that denied recognition of same-sex marriages performed outside the state.
The court noted that Smith’s appeal and the cross-appeal will be considered together and that “the [Oklahoma and Utah] appeals will brief separately and be set for oral argument separately.” This means that the court declined to place the Oklahoma and Utah cases on a parallel briefing and argument track, as Smith originally requested.
Amicus briefs can be filed jointly, one brief for both cases.
Briefing in the Oklahoma case will be completed in early April. The briefing schedule is here:
The first brief and appendix, see 10th Cir. R. 30, shall be filed by Ms. Smith on or before Monday February 24, 2014. The second brief and any supplemental appendix, if needed, shall be filed on or before Monday March 17. The third brief shall be filed on or before Tuesday April 1st, and the final optional reply shall be filed on or before Monday April 7, 2014.
A separate order will be issued for the date and time of oral arguments.
Thanks to Kathleen Perrin for these filings
For more information on Bishop v. United States from The Civil Rights Litigation Clearinghouse, click here. For more information on Kitchen v. Herbert from The Civil Rights Litigation Clearinghouse, click here.
This is the last week of EqualityOnTrial’s fundraiser to keep the site going this year. Please consider making a tax-deductible donation to EqualityOnTrial in the new year to help us travel to Denver, cover the appeals of the Utah and Oklahoma cases, and continue our in-depth, easy-to-understand coverage. Any amount helps!