April a big month for marriage hearings
This month is shaping up to be significant in the battle for marriage equality. Several cases are scheduled for hearing, either at the federal appellate level, or in lower courts. Here is a brief summary of cases.
Utah – April 10
Utah state attorneys told a federal appeals court late Friday that the state's same-sex marriage ban should be upheld because such matters are best left to states to resolve. Attorneys for the state said any ruling on the matter would be an anti-democratic "unprincipled judicial wrecking ball" hurtling toward an important area of state authority. A hearing before the 10th Circuit Court of Appeals is scheduled for April 10.
Oklahoma – April 17
Attorneys for the plaintiffs in the Oklahoma Marriage Equality case, Bishop v. Oklahoma, filed a brief saying, “This is a profoundly important case, but at its heart, it is neither a complicated nor a difficult one. Plaintiffs Mary Bishop and Sharon Baldwin have lived in Oklahoma throughout their lives, and like countless other committed, loving couples in the state, wish to have their union solemnized in marriage. Plaintiffs Susan Barton and Gay Phillips have lived in Oklahoma for over fifty years, and like numerous other devoted couples married out of state, wish to have their marriage recognized and protected under Oklahoma law. But Oklahoma law denies both couples the “dignity and status” of “immense import” that marriage confers…solely because the partner with whom they have united their lives is of the same sex.” A hearing is scheduled before the 10th Circuit Court on April 17.
Arkansas – April 17
Opponents and supporters of Arkansas' ban on gay marriage are sparring in court filings over whether the state's constitutional amendment barring same-sex marriage serves a legitimate purpose and can be challenged at the state level. A hearing is scheduled in state court for April 17.
Oregon – April 23
Oregon's attorney general told a federal court why she believes the state's voter-approved ban on same-sex marriages violates the federal constitutional rights of homosexual couples. Attorney General Ellen Rosenblum added that Oregon is prepared to implement gay marriages if a federal judge strikes down the ban. Oral arguments are scheduled for April 23.
Other decisions pending appeal
Tennessee
U.S. District Judge Aleta Trauger on Friday ordered the state to recognize the unions of the couples, who were married in other states. Trauger issued a preliminary injunction, which can be granted only in cases the judge believes the plaintiff will likely win. The state has asked her to stay the order.
Kentucky
A federal judge gave Kentucky more time to officially recognize same-sex marriages performed in other states and countries, saying doing so will allow the law to become settled without causing confusion or granting rights only to have them taken away. The ruling came just two days before gay couples would have been allowed to change their names on official identifications and documents and obtain the benefits of any other married couple in Kentucky.
Virginia
Arguments about Virginia's constitutional ban on same-sex marriage are scheduled to be heard the week of May 12 by the 4th U.S. Circuit Court of Appeals. The case is on an expedited schedule, and is considered by many legal experts to be on a fast-track to the US Supreme Court.
The Gayly – April 8, 2014 @ 12:10pm