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State officials in Louisiana ask Fifth Circuit to fast-track appeal and assign it to same panel as Texas marriage case

LGBT Legal Cases Marriage equality Marriage Equality Trials

Fifth Circuit Court of AppealsState officials in Louisiana have filed a request in the Fifth Circuit Court of Appeals to fast-track the appeal of the district court order upholding the state’s same-sex marriage ban.

The request notes that there’s already an appeal pending in one marriage case – DeLeon v. Perry, challenging Texas’ same-sex marriage ban – and the state asks the court to assign the same three-judge panel to both cases.

The request to put the case on a fast-track comes as amicus curiae (“friend of the court”) briefs are already being filed in the Texas appeal. The filing assumes that the Fifth Circuit will put at least the Texas case on the November argument calendar. There’s enough time for both appeals to be argued in November.

The request is unopposed. Here’s the proposed briefing schedule for the Louisiana case:

Appellants’ Opening Brief: Friday, October 17, 2014

Appellees’ Brief: Friday, October 31, 2014

Appellants’ Reply Brief: Friday, November 7, 2014

The district court judge who presided over the Texas case struck down that state’s ban, while the district court judge hearing the Louisiana case became the first federal judge to uphold a state’s same-sex marriage ban in a year.

Thanks to Equality Case Files for these filings

4 Comments

  • 1. Terence  |  September 22, 2014 at 3:03 pm

    Justice Elena Kagan has followed the example of RGB in officiating at a same – sex marriage.
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