Briefing in Kentucky, Tennessee same-sex marriage cases in Sixth Circuit to be completed by late June
March 28, 2014
UPDATE 6:25PM ET: The Sixth Circuit has ordered an identical briefing schedule in the similar Tennessee challenge, Tanco v. Haslam, though the cases are separate. That case was filed by the National Center for Lesbian Rights (NCLR). The district court issued a preliminary injunction applying only to the three couples in the lawsuit, and now the state is asking the Sixth Circuit for a stay.
The Sixth Circuit Court of Appeals has set a briefing schedule for the challenge to Kentucky’s ban on recognition of same-sex marriages performed outside of the state. Briefing will be completed at the end of June. The order setting the briefing schedule is here, and the first filing is due May 7:
Appellant’s Principal Brief Appendix (if required by 6th Cir. R. 30(a) and (c)) Filed electronically by May 7, 2014
Appellee’s Principal Brief Appendix (if required by 6th Cir. R. 30(a) and (c)) Filed electronically by June 9, 2014
Appellant’s Reply Brief (Optional Brief) Filed electronically 17 days after the appellee’s brief is filed. See Fed. R. App. P. 26(c)
The appeal was filed by Governor Steve Beshear, who hired outside counsel to defend the non-recognition provisions after state Attorney General Jack Conway declined to defend those provisions.
Along with the Sixth Circuit appeal, a different set of plaintiffs in the same court are still in district court, challenging the state’s ban on same-sex marriage. The new plaintiffs attempted to get a marriage license in the state, but were denied. The briefing on that issue will be completed by May 28.
Every state that falls within the Sixth Circuit Court of Appeals has a marriage equality case pending in the appeals court.
Thanks to Kathleen Perrin for these filings
For more information on Love v. Beshear (formerly Bourke v. Beshear) from The Civil Rights Litigation Clearinghouse, click here.