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Equality news round-up: South Carolina asks Fourth Circuit for a stay, and more

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Fourth Circuit map
Fourth Circuit map
– Yesterday, the Supreme Court denied review in an Arizona case that didn’t involve marriage or LGBT rights. However, Justice Thomas wrote a statement about the denial, which Justice Scalia joined, criticizing the Court’s denials of review in the same-sex marriage cases.

– The November 20 hearing in the Montana marriage case has been canceled. There was only a text order noting the cancellation, no word on whether it will be rescheduled.

– South Carolina’s attorney general has asked the Fourth Circuit Court of Appeals for a stay in the marriage case. The court wants a response by November 17. The initial briefing schedule set by the court has briefing completed at the end of January/beginning of February.

Buzzfeed reports on the latest on the Employment Non-Discrimination Act (ENDA) and LGBT workplace protections generally.

Thanks to Equality Case Files for these filings


  • 1. brooklyn11217  |  November 14, 2014 at 8:02 am

    Ohio plaintiffs file petition at Supreme Court. Here we go!

  • 2. MichaelGrabow  |  November 14, 2014 at 8:33 am

    Hopefully TN, KY, and MI will be following right behind them.

  • 3. galen697  |  November 14, 2014 at 8:39 am

    Looks good! I expected something longer, but they hit the major points, especially the "Signposts" section on page 28 of the petition.

  • 4. yyyAllenyyy  |  November 14, 2014 at 9:57 am

    I am a little confused about the SC bullet point. We currently have a stay in effect until 11/20. The AG has asked for a longer stay and the other side has until 11/17 to respond to that. Then it says that this is on the briefing schedule in three months from now. Does this mean that it will be stayed until the briefing in early 2015?

  • 5. Mike_Baltimore  |  November 14, 2014 at 10:11 am

    The briefing scheduled for 11/17 is a response to the request for stay submitted earlier by the state. The request for stay is to stay any marriages in SC until after the court hears the case already scheduled (which does NOT include stays on marriage).

  • 6. Raga  |  November 14, 2014 at 10:12 am

    Oh, the briefing schedule is for the appeal itself, not the stay, a decision on which will likely come down on Monday/Tuesday.

  • 7. ragefirewolf  |  November 14, 2014 at 11:48 am

    It is just me, or do neither Justices Thomas nor Scalia have any professional decorum whatsoever?

    On a positive note, it seems likely because of their trolling the denials of cert re: the marriage cases, we will even more likely get a cert petition grant. Agreed?

  • 8. ebohlman  |  November 14, 2014 at 12:16 pm

    It appears that next Thursday's hearing in Montana was cancelled at the request of the plaintiffs, with both parties agreeing that the case can be decided on briefing alone:

  • 9. LK2013  |  November 14, 2014 at 12:19 pm

    Fantastic! We all know there are no new arguments left anyway. Let's hope for a good decision very soon!

  • 10. Raga  |  November 16, 2014 at 11:25 pm

    Opposition to stay pending appeal filed in Fourth Circuit:

  • 11. Equality On TrialBREAKING&hellip  |  November 18, 2014 at 5:39 pm

    […] request was made days ago, along with a request for a more temporary stay so that state officials could ask […]

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