Marriage Equality USA

Stay Informed

Lawsuits - Pending

Connolly and Majors v. Roche (See Majors v. Jeanes and Connolly v. Roche below)

Case Number: 14-17274
Court Level: 9th Circuit Court of Appeals
Date Filed: 1 December 2014
Date of Appeal:

Description:

  • 1 December 2014, the parties asked the 9th Circuit to stay proceedings until after final resolution of the 6th Circuit marriage cases currently before the Supreme Court.
  • 2 December 2014, the Court granted the parties' request to put the appeal on hold for now while the Supreme Court considers petitions in 6th Circuit marriage cases. Opening briefs or a status report will be due 25 March 2015.
Majors v. Jeanes (formerly Majors v. Humble and Nelda Majors & Karen Bailey, et al. v. AZ Attorney General Tom Horne)

Case Number: 2:14-cv-00518
Court Level: Federal District Court (9th)
Date Filed: 12 March 2014
Date of Appeal:

Description:

  • 12 March 2014, Lambda Legal filed a federal lawsuit for 7 couples, and the surviving spouses of 2 additional same-gender couples, challenging the AZ 1996 and 1999 laws and the AZ 2006 constitutional ban on same-gender civil marriage.
  • 24 March 2014, plaintiffs asked that their case be (1) merged with Joseph Connolly & Terrel Pochert, et. al., v. Pinal County Superior Court Clerk Chad Roche, and (2) decided by the same judge.
  • 11 April 2014, the plaintiffs filed an Amended Complaint. The primary difference is a change in parties. Equality Arizona is added as a plaintiff; Attorney General is removed and Director of the Dept. of Revenue David Raber is added as a defendant.
  • 15 April 2014, the request that this case be merged with Connolly v. Roche was denied. The case is proceeding. 
  • 28 August 2014, plaintiff George Martinez died. On 2 September 2014, his widower Fred McQuire filed for a temporary restraining order (TRO) that would require the state of Arizona to respect his marriage to his late husband. 
  • 10 September 2014, the defendants filed their opposition to McGuire's request for a TRO.
  • 12 September 2014, the requested TRO was granted to Fred McGuire. 
  • 15 October 2014, the plaintiffs filed their Reply in Support of Summary Judgment (and opposition to defendants' cross-motion). 
  • 17 October 2014, Judge Sedwick struck down the Arizona ban on marriage equality in BOTH pending federal lawsuits, this one and Connolly (below). 
  • 17 October 2014, AZ Attorney General Will Not Appeal Marriage Ruling – Weddings Start 'Immediately'
  • 17 November 2014, State looks to cut cost of gay marriage court fight - By Howard Fischer, Capitol Media Services, Arizona Daily Star/tucson.com
Connolly v. Roche (Joseph Connolly & Terrel Pochert, et. al., v. Pinal County Superior Court Clerk Chad Roche, formerly Connolly v. Brewer)

Case Number: 2:14-cv-00024
Court Level: Federal District Court (9th)
Date Filed: 6 January 2014
Date of Appeal:

Description:

  • 6 January 2014, 4 couples filed a federal class action lawsuit challenging AZ’s 1996 statutory marriage ban and 2008 constitutional marriage ban.
  • 10 February 2014, the plaintiffs filed an Amended Complaint asking for a Permanent Injunction and Declaratory Judgement.
  • 21 April 2014, the plaintiffs filed a Motion For Summary Judgement.
  • 23 July 2014, the defendants filed a Reply in Support Of Cross Motion For Summary Judgment in which they say that the state’s ban on same-sex marriage is justified because same-sex couples cannot reproduce without the help of a third person. The state said its public purpose in regulating private relationships is to ensure that children are, whenever possible, raised by a biological mother and biological father, and that same-sex marriages “do not advance that compelling state interest.” 
  • 9 October 2014, in a docket text order Judge Sedwick indicated it appears the 9th Circuit decision in Latta requires a decision in favor of plaintiffs and set a 16 October 2014 deadline for supplemental briefs.
  • 15 October 2014, the plaintiffs filed their brief on how the Latta ruling should be applied to this case (that the Court should grant the plaintiffs' motion for summary judgment and deny the defendants' application for a stay).
  • 16 October 2014, the defendants filed their brief on how the applicability of the Latta ruling to this case, noting that there is the "potential" for control if and when a mandate in Latta is issued, but maintaining that since no mandate has been issued, the control doesn't yet exist. 
  • 17 October 2014, Judge Sedwick struck down the Arizona ban on marriage equality in BOTH pending federal lawsuits, this one and Majors (above).
  • 17 October 2014, AZ Attorney General Will Not Appeal Marriage Ruling – Weddings Start 'Immediately'
  • 17 November 2014, State looks to cut cost of gay marriage court fight - By Howard Fischer, Capitol Media Services, Arizona Daily Star/tucson.com
  • 1 December 2014, the parties asked the 9th Circuit to stay proceedings until after final resolution of the 6th Circuit marriage cases currently before the Supreme Court.

Be the first to comment

Please check your e-mail for a link to activate your account.