June 17, 2014
The Sixth Circuit Court of Appeals has formally scheduled arguments in all of its pending same-sex marriage cases, for August 6. That date had been suggested previously in several media reports, but the appeals court has only yesterday formally announced the arguments via orders in the cases.
The court is hearing cases from Michigan, Tennessee, Kentucky, and two from Ohio. The arguments are set to begin at 1PM on that day, and last for over three hours.
The Sixth Circuit has divided up the time:
Michigan: Arguments in DeBoer v. Snyder will be one hour, with 30 minutes per side.
Ohio: Arguments in Henry v. Himes and Obergefell v. Himes will be one hour, with 30 minutes per side.
Kentucky: Arguments in Bourke v. Beshear will be 30 minutes, 15 minutes per side.
Tennessee: Arguments in Tanco v. Haslam will be 30 minutes, 15 minutes per side.
Only one of the cases, DeBoer, involves a challenge to a state’s ban on performing same-sex marriages. The rest are related to the various states’ refusal to recognize same-sex marriages performed outside of the state. The Tanco case reached the Sixth Circuit on an appeal from a preliminary injunction requiring Tennessee to recognize the legal same-sex marriages of three couples.
The names of the judges on the panel will be announced two weeks before argument, likely on July 23. SCOTUSBlog adds: “The Sixth Circuit clerkâ€™s office confirmed Tuesday that the same three-judge panel will hear all four, presumably one after the other.”
Thanks to Kathleen Perrin for these filings