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This week we have marriage equality news from the courts in Pennsylvania, the Ninth Circuit, Louisiana, Indiana, and Florida. The above map (by MSNBC) was produced prior to late this afternoon when the Seventh Circuit granted Indiana state officials a stay pending appeal of the marriage equality ruling in that state. So, now Indiana should be light blue.

Of course, we had two big rulings this week. First, a federal district judge in Indiana ruled that state's same-sex marriage ban unconstitutional. Please see Mokurai's excellent diary about that decision here.

And, the really big news was that we got our first appellate court ruling (post Windsor) in favor of marriage equality from the Tenth Circuit. You can read more about that decision here.

In Pennsylvania, the time to file an appeal of the marriage equality case out of that state has expired making marriage equality the law of the land in Pennsylvania.

In California, the Ninth Circuit denied the call for en banc hearing in the SmithKline case. This is important in that classifications based on sexual orientation will be reviewed on a heightened scrutiny basis. The Nevada and Idaho marriage equality cases are before this circuit court now. See sfbob's diary about that decision here.

In Louisiana, a federal judge heard arguments in a marriage equality lawsuit in that state on Wednesday. Although the case only involved same-sex marriages entered into in other states being recognized in Louisiana, the judge decided that he wanted to consider same-sex marriage within the state as well.

From the Advocate:

The attorneys stuck to one specific issue as they made their case before a judge in New Orleans on Wednesday: whether gay and lesbian couples married legally in other states should be recognized as married in Louisiana, which has a constitutional ban on same-sex marriage.

U.S. District Court Judge Martin Feldman had other ideas.

After hearing about an hour and half of oral arguments on the question before him, Feldman announced that he wants to decide on both issues involved in gay marriage lawsuits going on around the country; in other words, not just whether Louisiana must recognize legal marriages from elsewhere, but whether Louisiana must also allow same-sex couples to wed here.

“I feel uncomfortable resolving some issues one way or the other and not all issues one way or another,” Feldman said before calling lawyers for both sides into a private conference to sketch out a time line for additional briefs and oral arguments.

In Indiana, state officials have filed a motion for an emergency stay pending appeal and have filed a notice of appeal to the Seventh Circuit Court of Appeals.

And, the Seventh Circuit has granted the stay pending appeal.

There have been additional motions and briefs filed in the other Indiana marriage equality cases as well. You can read about them at this Equality On Trial post.

In Florida, Attorney General Pam Bondi has filed motions to intervene in two marriage equality lawsuits -- Miami-Dade and Monroe (Key West) Counties.

From the Miami Herald:

Allen Winsor, the state's solicitor general, states in the motions filed in local courts that Florida has a legitimate interest in intervening in the cases since they represent a challenge to the 2008 state constitutional amendment that banned gay marriage. Bondi is already defending the state in a federal lawsuit filed in North Florida. That legal challenge maintains the state is discriminating against gay couples by not recognizing same-sex marriages performed in states where they are legal. Conservative activists hailed Bondi's response to the federal lawsuit, but had been critical of her for not defending the state right-to-marry cases. John Stemberger, president of the conservative Florida Family Action in Orlando, praised Bondi. "The most important thing is that if the judge were to grant a motion and find a new-found right to marry, which does not exist, then the attorney general would be in a position to enjoin that until the federal case plays out," he said Tuesday.
via JMG

And, (former) Governor Crist has filed an amicus brief in the Miami-Dade case. Oral argument is July 2.

Originally posted to librarisingnsf on Fri Jun 27, 2014 at 04:30 PM PDT.

Also republished by Kossacks for Marriage Equality and Louisiana Kossacks.

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