Saturday, March 15, 2014

The Marriage Equality Map You Need To Know

A lot is happening as courts across the nation rule on same-sex couples’ marriage rights. Here’s where things stand as of March 12.

Advocates expect the Supreme Court to decide a case addressing same-sex couples’ marriage rights in the next few years. But to get there, cases have to be heard by lower courts first.

With a rush of court filings since the Supreme Court ruled this past June striking down the Defense of Marriage Act’s ban on federal recognition of same-sex couples’ marriages, lawyers and organizations have been racing and fighting to get a marriage case back to the high court. Trial court decisions started coming down on Dec. 20, 2013, and they haven’t stopped since.

Here’s where things stand as of March 12 with cases that have reached a trial court decision and could eventually reach the Supreme Court.

4th Circuit Court:

Virginia: In February, a U.S. District Court struck down Virginia’s amendment that banned same-sex couples from marrying in the state. That ruling was challenged and now the 4th Circuit court will hear the case. The opening briefs in the appeal are due March 28. Responses are due April 11, with the reply due April 30. Oral arguments: Tentatively set for the week of May 12.

5th Circuit Court:

Texas: In February, a Texas court ruled the state’s ban on marriages for same-sex couples was unconstitutional. Gov. Rick Perry and Texas Attorney General and candidate for governor Greg Abbott have appealed the ruling. No schedule has been set for the appeal.

6th Circuit Court:

Kentucky: A U.S. District Court judge has ordered Kentucky officials to recognize marriages between same-sex couples that were performed out of state. Putting that ruling on hold until March 20, Kentucky Gov. Steve Beshear announced he will be appealing the ruling in the wake of the decision by the state’s attorney general, Jack Conway, not to seek an appeal in the case. No schedule has been set for the appeal.
Ohio: In December, a federal judge ruled that Ohio officials must recognize the out-of-state marriages of same-sex couples in the case of couples being listed as married on death certificates. Ohio Attorney General Mike DeWine appealed the ruling in January. The state’s opening brief is due April 10, with a response due May 13 and any reply due 17 days after the response is filed. Oral argument: Not set.

7th Circuit Court:

Illinois: Although a U.S. District Court judge ruled that same-sex couples could marry immediately in Cook County, Ill. (the county Chicago is in), no state or county officials are appealing the ruling. That means same-sex couples can marry now in Cook County — and are marrying in several other counties following advice from Illinois Attorney General Lisa Madigan — ahead of the June 1 effective date of the marriage equality law in the state. There is no appeal.

9th Circuit Court:

Nevada: Last year, the Supreme Court struck down the Defense of Marriage Act’s ban on the federal government recognizing same-sex couples’ marriage rights. Before that happened, though, a federal judge upheld Nevada’s state ban on same-sex couples marrying. The couples who had sued the state appealed the ruling. After the 9th Circuit decided that it would examine laws that distinguished based on sexual orientation more skeptically, Nevada Gov. Brian Sandoval and Attorney General Catherine Cortez Masto announced they were stopping their defense of the state’s ban on same-sex couples marrying. Oral arguments: Were set for April 9, but that date was canceled and it will be rescheduled.

10th Circuit Court:

Oklahoma: In January, a U.S. District Court judge found Oklahoma’s ban on same-sex couples’ marriages to be unconstitutional. State officials appealed. Oral arguments: April 17.
Utah: In December, U.S. District Court Judge Robert J. Shelby ruled Utah’s ban on same-sex couples’ marriages unconstitutional and refused to issue a stay — basically, he refused to put his ruling on hold, thus requiring officials to marry same-sex couples. For a couple weeks, until the U.S. Supreme Court issued a stay in January, more than 1,000 same-sex couples married across the state. State officials appealed the ruling. Oral arguments: April 10.

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