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Supporters of same-sex marriage wave flags in the Castro neighborhood in San Francisco, California after the United States Supreme Court ruled on California's Proposition 8 and the federal Defense of Marriage Act June 26, 2013. The U.S. Supreme Court on W
Marriage equality cases are everywhere. With Alaska joining the list of court challenges, that's everywhere like all but three of the states with marriage bans. The Alaska case:
... lists as plaintiffs four couples who were married outside Alaska and one unmarried couple. It alleges that Alaska's ban on same-sex marriage violates their rights to due process and equal protection under the U.S. Constitution.

The lawsuit seeks to bar enforcement of Alaska's constitutional ban on same-sex marriage. It also calls for barring enforcement of any state laws that refuse to recognize gay marriages legally performed in other states or countries or that prevent unmarried gay couples from marrying.

At the same time, the Fourth Circuit Court of Appeals is hearing arguments in a challenge to Virginia's marriage ban, with a district judge having already found the law unconstitutional, and four other federal appeals courts with nine other marriage equality cases in the works. It's basically an avalanche of lawsuits, and so far, at the district level, they're all being decided in favor of equality.

Originally posted to Laura Clawson on Tue May 13, 2014 at 10:16 AM PDT.

Also republished by Virginia Kos, Kossacks for Marriage Equality, and Daily Kos.

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Comment Preferences

  •  Arkansas update: (9+ / 0-)

    The plaintiffs met today's noon deadline to submit their objection to a state supreme court stay on a ruling Friday's ruling that allowed numerous same-sex marriages in the interim.

    Plaintiff's attorneys argue:

    the request is premature because a stay request is also pending before Piazza. It says the state, which wants to fight the ruling, also must demonstrate a likelihood of success on appeal and irreparable harm in the interim. The only irreparable harm would come from a stay, which could continue to deny same-sex couples their constitutional right to marry, the plaintiffs argue.The harm is not speculative, but immediate and real," they argued.
    As of now, only two counties continue to issue marriage licenses. Much more at the link, including links to PDFs of the legal documents.

    "Let each unique song be sung and the spell of differentiation be broken" - Winter Rabbit

    by cotterperson on Tue May 13, 2014 at 11:10:43 AM PDT

  •  Cautiously optimistic that progress is being made. (2+ / 0-)
    Recommended by:
    cotterperson, hbk

    I don't think marriage equality is in any sense yet a "done deal," but certainly moving farther and faster than I ever believed possible.

    Once you put convenient, lethal force in the mix, liberty becomes a zero sum game. -- DIgby on open carry.

    by Rikon Snow on Tue May 13, 2014 at 03:44:08 PM PDT

  •  Didn't care either way (0+ / 0-)

    As a pretty liberal guy and all, Marriage Equality has never been a big deal for me.  My position moved from ok with civil union's to outright marriage over the years.  Don't get me wrong, I think it is the right thing to do, but it is not something that in the past got me out in the streets rallying over.

    But what I really approve of, is the complete "head explosion" this topic gives right wingers.  For that reason alone, I enjoy the topic and direction that it has taken and is continuing to move at breakneck pace.

    Republicans - No solutions, just reasons why other peoples solutions will not work.

    by egarratt on Tue May 13, 2014 at 03:59:08 PM PDT

  •  What are the three states? (0+ / 0-)

    I didn't see them named in the article.

    To believe that markets determine value is to believe that milk comes from plastic bottles. Bromley (1985)

    by sneakers563 on Tue May 13, 2014 at 04:30:42 PM PDT

    •  ND, SD (Eighth Circuit), MT (Ninth Circuit) (1+ / 0-)
      Recommended by:
      wu ming

      US Courts of Appeals

      The First and Second Circuits are done. We have decisions now on appeal in Four (VA), Five (TX), Eight (AR), and Ten (UT and OK), and cases moving in Federal District Courts in Three (PA), Six (KY), Seven (IN), and Eleven (FL), plus suits at least filed in all of the other states that do not have full Marriage Equality, except the three named above, and MI and TN, as described below. We can expect decisions in all of the relevant District Courts of Appeals either this year or at the latest next year.

      Opinion is divided on SCOTUS leaving all of these cases alone, if all of the Circuits agree, or taking them up and giving us a national ruling. If the circuits were to divide, then of course SCOTUS would be expected to settle the dispute between them.

      This was apparently the picture before the Alaska lawsuit that Laura relied on. It appears not to be completely accurate.

      Only 4 States Do Not Have Pending Marriage Equality Lawsuits

      On 17 December 2012, in Donaldson & Guggenheim v. Montana, in a 4-3 decision based on the state constitutional marriage ban of 2004, the MT Supreme Court rejected the claim for equal benefits for inheritance, burial, worker compensation, death benefits, taxation, health care decision-making, divorce, custody, and child support. But the court also wrote that the plaintiffs did not specify which laws discriminate against them, thereby inviting the couples and ACLU Montana to submit a modified request. On 15 July 2013, ACLU of Montana amended its complaint for 7 gay couples and now seeks all of the benefits of marriage, other than marriage itself.
      Nobody has reported any suits going on in the Dakotas. The national organizations Freedom to Marry and Human Rights Campaign are working on it. Equality North Dakota and Equality South Dakota are listed but appear to be defunct. Sen. Heidi Heitkamp D-ND and Sen. Tim Johnson D-SD are in favor.

      Tennessee (Tanco v. Haslam) and Mississippi (Czekala-Chatham v. Melancon) have cases asking for recognition of marriages performed elsewhere, but not directly for a right to marry in those states. Such cases are reported to be in preparation.

      In July 2013, under Campaign for Southern Equality's “We Do” campaign, same-gender couples began requesting and being denied marriage licenses all across MS, in preparation for lawsuits.

      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).

      These three sites try to keep up with all of the legal activity. Each has information lacking at the others. There is, you may have noticed, a lot going on.

      Freedom to Marry/Litigation

      Equality on Trial/Current Cases

      Marriage Equality USA/Lawsuits Pending

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

      by Mokurai on Tue May 13, 2014 at 05:49:39 PM PDT

      [ Parent ]

  •  Add Idaho to the list of states coming into the (1+ / 0-)
    Recommended by:
    gneissgirl

    ...light.

    The politicians may be bought, and the system corrupt, but it is our duty to fix these things.

    by sebastianguy99 on Tue May 13, 2014 at 05:09:46 PM PDT

  •  Every case is a nail (1+ / 0-)
    Recommended by:
    Mokurai

    in the coffin that the GOP built for themselves.  Marriage equality blew past its tipping point a long time ago.  Every day the GOP fights it the make new enemies.  Every time they fight equality they loss a mother, father, sister, brother, son or daughter of a loving gay couple.

    We are on the right side of history on this and need to extend our hands and hearts to push this further.

    It is well that war is so terrible -- lest we should grow too fond of it. Robert E. Lee

    by ksuwildkat on Tue May 13, 2014 at 06:15:43 PM PDT

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