It has been a very busy week with regard to marriage equality rulings and motions. This week we have news from the Sixth, the Seventh, and the Tenth Circuits. We also have news out of Colorado, Arkansas, Utah, Florida, and Connecticut. Much of the marriage equality action has shifted to the appellate court level, so we will be hearing from the circuit courts quite a bit (this summer, anyway).
Indiana and Wisconsin officials have asked the
Seventh Circuit to skip the three judge panel and go directly to en banc review (all ten judges within the circuit would review) of its same-sex marriage ban. Meanwhile, the Seventh Circuit had set oral arguments in these two cases for August 13 (on Monday). These cases continue to be fluid, and the
Seventh Circuit cancelled the oral arguments date on Wednesday.
The Tenth Circuit has denied a motion for a stay pending appeal from Utah with regard to same-sex marriages performed there prior to the SCOTUS issuing the stay of the marriage equality ruling in Utah. That ruling was discussed here. And, on Friday morning, a Tenth Circuit panel issued its ruling in the Oklahoma marriage equality case. In a split 2-1 decision, the panel upheld the district court ruling that Oklahoma's same-sex marriage ban is unconstitutional.
The Sixth Circuit has set protocol for the August 8 oral argument for the marriage equality cases out of that circuit. There will be two overflow rooms available for folks present to hear arguments, and audio will be available soon after the hearings.
In Colorado, AG Suthers has asked the state Supreme Court to halt the issuance of marriage licenses to same-sex couples in the state counties in which that is occurring. I believe that would be three -- Boulder, Denver, and Pueblo counties. More than 200 same-sex couples have wed in those counties in the last three weeks. The state Supreme Court has halted the issuance of marriage licenses to same-sex couples in Denver County, but has denied the AG request with regard to Pueblo and Boulder Counties (Friday afternoon).
In Arkansas, the plaintiffs in the federal lawsuit there have filed a motion for summary judgment.
In Utah, state officials have filed a motion for an emergency stay of an order requiring the state to recognize about 1,200 same-sex marriages entered into in the state prior to the SCOTUS issuing the stay of the marriage equality ruling with Justice Sotomayor at the US Supreme Court. Justice Sotomayor has asked the plaintiffs for a response by 10AM Friday. The ACLU responded late Thursday afternoon. And, the SCOTUS has granted that motion and issued a stay pending appeal of the ruling on Friday afternoon.
In Connecticut, the state Supreme Court ruled that a lesbian widow had certain legal rights that predate marriage equality and civil unions in that state. You can read about that very interesting decision here.
Below the fold you will find a number of tweets in which I have gather much of the above information (if you would like to review them). Many of the tweets also have links to the actual filings, motions, and/or rulings/orders. One of the tweets has a link to the transcripts of the (
Florida) Miami-Dade marriage equality hearing. The judge in that case is
expected to rule any day. However, Judge Garcia in Monroe County has beat her (Judge Zabel) to the punch, ruling that Florida's marriage ban that prohibits same-sex couples from marrying (in state) violates the due process and equal protection clauses of the 14th Amendment to the US Constitution. You can read about that ruling
here.
3:29 PM PT: BTW, if you would like to do this review/summary next Friday (or sometime in the future) send myself or Dave In Northridge kosmail (or leave a message for the group). You can also leave a comment below to that effect.