Skip to main content

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

Comment Preferences

  •  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

      [ Parent ]

      •  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.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site