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View Diary: Kentucky attorney general says he won't appeal marriage ruling, governor says not so fast (83 comments)

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  •  Here's a quote from his remarks... (4+ / 0-)

    ...of this morning:

    The definition of marriage in Kentucky and other states "will be and should be ultimately decided by the U.S. Supreme Court in order to bring finality and certainty to this matter," Beshear said in a statement. "The people of this country need to know what the rules will be going forward. Kentucky should be a part of this process."
    Kentucky's in the 6th Circuit. Have any of the other recent marriage equality decisions (striking down all or part of state statutes) come from within the 6th Circuit?

    We've seen that the SCOTUS is more likely to hear matters in which opinions have come from multiple that sense, this appeal would make Kentucky "part of this process," yes?

    The word "parent" is supposed to be a VERB, people...

    by wesmorgan1 on Tue Mar 04, 2014 at 09:58:01 AM PST

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    •  6CA has not heard a marriage equality case yet (1+ / 0-)
      Recommended by:

      But Wymyslo v. Obergefell is being prepared for briefing, no schedule set yet.

      Obergefell won the right in the Southern District of Ohio in December to be named as surviving spouse on his husband's death certificate.  AG Dewine filed the appeal.

      •  I'm no attorney, but... (0+ / 0-)

        ...I don't know that Obergfell is a good fit with the other decisions being made at the Federal level.

        I understand that they're all equal protection cases (so far - I don't think that any of the rulings were based on the Full Faith and Credit Clause), but it just seems that a survivorship case like Obergfell is closer to the Windsor decision's origins than it is to the current "recognize us while we're still alive" cases.

        If the goal is to merit SCOTUS consideration, I should think that we'd want the cases from the various Circuits to have as many common factors as possible.

        Perhaps someone with a trained legal mind can chime in...

        The word "parent" is supposed to be a VERB, people...

        by wesmorgan1 on Tue Mar 04, 2014 at 10:35:54 AM PST

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        •  Agreed (0+ / 0-)

          Agreed that Obergefell is very different than the other cases, however it is the only case that has already been appealed to 6CA that deals with equal marriage in any way.  

          Hearings are underway in DeBoer v. Snyder (MI) as well as the suit filed for birth certificates in Ohio (Henry v. Wymyslo), and Tanco v. Haslam (TN) is still in the briefing stage.

    •  Hmm, so he might be setting it up to make sure (0+ / 0-)

      it goes upwards on appeal and gets a chance to provide a more widely applicable precedent?

    •  No, but watch this space (1+ / 0-)
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      You can see the list of cases for full marriage equality and associated rights (recognition, divorce, adoption, inheritance, etc.) in all states on Marriage Equality USA's lawsuits page. You are asking about Michigan, Ohio, and Tennessee, the other states in the Sixth District. Leaving aside suits about other related rights:

      Michigan, trial going on right now.

      MICHIGAN #1  •  On 23 January 2012, in April DeBoer & Jayne Rowse v. MI Governor Rick Snyder, et al., a lesbian couple went to federal court to challenge MI laws that deny adoption to certified foster parents when they are not married.  On 7 September 2012, as suggested by the judge, they amended their suit to challenge the constitutionality of the state’s 2004 ban on same-gender marriage, civil union, domestic partnership, and joint adoption…On 15 January 2014, lawyers from ACLU and G&LA&D joined the plaintiff legal team.  On 6 February 2014, the plaintiffs sought to ban the testimony of sociology professor Mark Regnerus because his flawed methods, rejection by peers, lack of qualifications, unreliability, irrelevance don’t meet the minimum requirements for federal evidence. [Yay!] Trial is scheduled for 25 February 2014.
      An update from Equality Michigan:
      On February 25, 2014 - Judge Friedman of the United States District Court for the Eastern District of Michigan began the trial for the DeBoer v Snyder and Schuette case regarding adoption and marriage equality in Michigan. The trial is expected to last up to eight business days. The judge may deliver his ruling quickly after the trial. One of the outcomes that Equality Michigan is preparing for is that same-gender marriages may be possible in Michigan in the days following the ruling.
      Ohio, no. But this is not a deep Red state, and there are even Republicans such as Ohio Senator Rob Portman in favor of Marriage Equality.

      Ed FitzGerald, Ohio Gubernatorial Candidate, Announces Support For Gay Marriage

      Now, if we could undo the Ohio gerrymander…

      Ohio Fights Grotesque Gerrymanders

      Tennessee, case planned.

      TENNESSEE #1  •  On 7 August 2013, same-gender couples began applying for marriage licenses as the first step of an upcoming court challenge to two same-gender civil marriage bans (statutory and constitutional).

      Back off, man. I'm a logician.—GOPBusters™

      by Mokurai on Tue Mar 04, 2014 at 03:12:34 PM PST

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