Campaign for Southern Equality v. Bryant
Case #: 3-14-cv-00818
Court Level: 5th Circuit Court of Appeals
Date Filed: 21 October 2014
Date of Ruling: 1 July 2015
- 20 October 2014, a federal marriage lawsuit was filed, with Edie Windsor's attorney Roberta Kaplan as lead counsel in the case. The case has been assigned to Obama appointee Judge Carlton W. Reeves.
- 20 October 2014, the plaintiffs filed a motion for preliminary injunction and a memo in support.
- 21 October 2014, via a docket text entry, a Telephone Status Conference was set for 22 October 2014 at 9:00am CT before District Judge Carlton W. Reeves.
- 22 October 2014, the schedule was set for the Plaintiffs' motion for Preliminary Injunction.
- A hearing before U.S. District Judge Carlton Reeves is set for 9:00 a.m. CT on Wednesday, 12 November 2014, in Jackson.
- 10 November 2014, the state defendants filed their Opposition to Preliminary Injunction. A Memo in Opposition was also filed.
- 10 November 2014, the state filed their "just in case" Contingent Motion for a stay and Memo in support of the motion for stay.
- 10 November 2014, the state defendants filed their Answer and Defenses to the Complaint.
- 10 November 2014, Reply memorandum of law was filed in further support of plaintiffs' motion for preliminary injunction.
- 12 November 204, hearing took place in Jackson, MS. From Both sides rest in Mississippi gay-marriage ban case, by Emily Le Coz of the The Clarion-Ledger: Both sides on a federal case challenging Mississippi's gay-marriage ban rested after three hours of arguments Wednesday before U.S. District Judge Carton Reeves, who dismissed the court for a lunch break set to end at 1:45 p.m. The hearing likely will end today, but it's unclear if Reeves will immediately issue a decision on the question at hand: Whether to grant the plaintiff's motions for preliminary injunction against the state's gay-marriage ban or whether to grant the defense's motion to stay the case. Transcript of the hearing.
- 25 November 2014, Judge Reeves issued a Preliminary Injunction, with a temporary stay of 14 days. Woot!
- 26 November 2014, the state defendants filed a Notice of Appeal to the 5th Circuit.
- 26 November 2014, the state filed a motion to the 5th Circuit asking for stay pending appeal.
- 4 December 2014, the briefing schedule was set. The State's opening brief is due 19 December 2014, the plaintiffs' brief is due 24 December 2014, and the State's Reply is due 2 January 2015. The oral argument notice will issue separately.
- 4 December 2014, also, an order on the plaintiff's Motion to expedite appeal was issued. The Motion to expedite was granted (see above for briefing schedule), the appeal will be assigned to the same panel, and oral argument will not be consolidated with Texas and Louisiana. No word yet on what date.
- 4 December 2014, the 5th Circuit GRANTED a stay pending appeal. "Finally, while we recognize that Plaintiffs are potentially harmed by a continued violation of their constitutional rights, this harm is attenuated by the imminent consideration of their case by a full oral argument panel of this court. The court is scheduled to hear challenges related to Louisiana’s and Texas’s marriage bans in one month and has recently issued an order granting Plaintiffs’ application to expedite their appeal and scheduled the case for oral argument before the same panel. Given that Plaintiffs’ claims will soon be heard in conjunction with these two other cases, a temporary maintenance of the status quo balances the possibility of this harm with the need to resolve Plaintiffs claims in a manner that is both expeditious and circumspect."
- 5 December 2014, the case is now reflected on the 5th Circuit's calendar for 9 January 2015, 30 minutes per side.
- 19 December 2014, the defendant State of MS filed its opening brief.
- 19 December 2014, the appellants filed their Record Excerpts.
- 23 December 2014, the plaintiffs' Brief was filed with the 5th Circuit.
- 29 December 2014, the panel for the marriage cases is now posted on 5th Circuit calendar: Judges Patrick E. Higginbotham, Jerry E. Smith and James E. Graves, Jr.
- 2 January 2015, Mississippi filed its Reply brief.
- 5 January 2015, the 5th Circuit posted the rules for attendance for the oral argument Friday, 9 January 2015.
- 8 January 2015, round up of information from Equality Case Files on Friday's 5th Circuit oral arguments, including links to briefs filed in this case and the Texas and Louisiana marriage cases.
- 9 January 2015, audio of today's 5th Circuit oral argument is now available.
- 1 July 2015, the Fifth Circuit Reversed the lower court's decision and Remanded for entry of judgement in favor of the plaintiffs!
- 1 July 2015, Judge Reeves entered a permanent injunction and final judgment in this case.
- 2 July 2015, the plaintiffs' attorneys asked for an order clarifying that the permanent injunction in this case "applies to each and every one of Mississippi's 82 circuit clerks and their deputies, including but not limited to the clerks of Holmes, Issaquena, Simpson, and Smith Counties."