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Archives – September, 2014

Tenth Circuit puts Colorado marriage case on hold

Another case goes on hold.

Continue 65 Comments September 19, 2014

Equality news round-up: New Wisconsin lawsuit, and more

News from Wisconsin, West Virginia, and more.

Continue 58 Comments September 18, 2014

READ IT HERE: Wisconsin requests stay in marriage case at Seventh Circuit pending Supreme Court action

Wisconsin asks Seventh Circuit for a stay.

Continue 29 Comments September 17, 2014

State’s brief filed in marriage case in Arkansas Supreme Court

Challenge to Arkansas’ same-sex marriage ban heads to state supreme court.

Continue 74 Comments September 16, 2014

Supreme Court Sets Marriage Date

By Matt Baume

The number of marriage cases before the Supreme Court keeps climbing, with the Court scheduled to decide which ones to take in just a few weeks. Plus, couples file new briefs in Texas, and appeal last week’s anti-gay ruling from a federal judge in Louisiana.

We now know that the Supreme Court will consider taking up marriage equality cases from five different states at their very first conference of the news session on September 29th. Those cases will include AFER’s Virginia suit, as well as cases in Oklahoma, Utah, Wisconsin and Indiana. The court could accept one of those cases, or several, or none. Or they could simply choose to defer a decision until later.

Each case poses slightly different questions, but most generally center around three questions: whether states are required to issue licenses to gay and lesbian couples, whether they’re required to recognize licenses issued by other states, and what standard of review courts should use in cases pertaining to LGBT discrimination. Obviously, each of those issues will have a major national impact when the Supreme Court ultimately rules.

And before long, there could be three more cases headed to the Supreme Court. The Ninth Circuit Court of Appeals heard oral argument last week in cases from Nevada, Hawaii and Idaho. The judges appeared skeptical of marriage bans, and could issue a ruling any day now. We’re also awaiting a ruling in the Sixth Circuit, which would add six more cases to the docket, bringing the total to fourteen.

The National Organization for Marriage has so far kept quiet on those Supreme Court cases. But they are still trying to stop marriage in Oregon, even after being shut out of litigation there repeatedly over the last few months. Last month the Ninth Circuit ruled that the group is not qualified to challenge marriage equality in Oregon, but now NOM has requested a review of that decision before a larger panel of judges. Their chances of prevailing at this point are extremely slim.

The plaintiffs in a Texas case have filed briefs before the Fifth Circuit. A lower court ruled last February that the state’s marriage ban is unconstitutional, but Attorney General Greg Abbott appealed that decision. Also in the Fifth Circuit, plaintiffs have a appealed a ruling by a Louisiana judge that upheld a marriage ban. The Fifth Circuit hasn’t scheduled oral argument yet, and may simply wait until the Supreme Court issues a decision.

And congratulations to Stuart Delery, one of the lawyers at the Department of Justice whose work was instrumental in the government’s case against the Defense of Marriage Act. Last week Delery was named Associate Attorney General, the third-highest position at the Department of Justice. He is now the highest-ranking openly gay official in the DOJ’s history.

21 Comments September 15, 2014

Federal judge signals that Arizona’s same-sex marriage ban will be struck down

Arizona could be next.

Continue 5 Comments September 15, 2014

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