- 26 June 2015, Transcript of President Obama’s remarks on marriage ruling - From The Boston Globe
26 June 2015, In historic decision, Court strikes down state bans on same-sex marriage: In Plain English - By Amy Howe, SCOTUSblog
- 26 June 2015, Opinion analysis: Marriage now open to same-sex couples - By Lyle Denniston, SCOTUSblog
- 28 July 2015, SCOTUS issued Judgment in the 6th Circuit cases (Obergefell).
"THESE CAUSES came on to be heard on the transcript of the record from the above court and were argued by counsel.
"ON CONSIDERATION WHEREOF, it is ordered and adjudged by Court that the judgment of the above court are reversed with costs."
- 26 June 2015, live as of 2:00pm ET on June 26: Marriage Equality Facts
- 26 June 2015, read/download/print the SCOTUS/Obergefell ruling in full.
- 26 June 2015, WE WON! LOVE WON! Majority opinion by Justice Kennedy, 6-3. Per @SCOTUSblog, the Court's opinion relies on the dual rationales of fundamental rights AND equal protection and seems to go out of its way not to state a standard of scrutiny. "...the majority opinion rejects the claim that marriage is about procreation, even while saying that protecting children of same-sex couples supports the Court's ruling: "This is not to say that the right to marry is less meaningful for those who do not or cannot have children. An ability, desire, or promise to procreate is not and has not been a prerequisite for a valid marriage in any State." READ THE RULING
- 22 June 2015, Infographic: Possible Supreme Court Marriage Equality Outcomes - From Lambda Legal
- 1 June 2015, SCOTUS Marriage Ruling #DecisionDay Events - By John Mattras, MEUSA News Blog
- 29 April 2015, From the Steps of the United States Supreme Court -By John Lewis, MEUSA News Blog
- 28 April 2015, “Super-cuts” from same-sex marriage arguments - By Tejinder Singh, SCOTUSblog
- 28 April 2015, A view from the Courtroom, Same-Sex Marriage Edition - By Mark Walsh, SCOTUSblog
- 28 April 2015, No clear answers on same-sex marriage: In Plain English - By Amy Howe, SCOTUSblog
- 28 April 2015, transcript and audio from SCOTUS arguments in Obergefell v. Hodges Question 2
- 28 April 2015, Transcript and audio from SCOTUS arguments in Obergefell v. Hodges Question 1
- 28 April 2015, Live blog: Obergefell v. Hodges oral argument updates - By Kali Borkowski, SCOTUSblog
- 27 April 2015, Same-sex marriage, in Plain English — Part I - By Amy Howe, SCOTUSblog
- 26 April 2015, Same-sex marriage: The decisive questions - Analysis by Lyle Denniston, SCOTUSblog
- 17 April 2015, the plaintiffs' reply briefs were filed - see under each case in next section below.
- 30 March 2015, per EQCF, who will argue at the Supreme Court on April 28:
- MARY L. BONAUTO on Question 1 (marriage licenses)
- DOUGLAS HALLWARD-DRIEMEIER on Question 2 (recognition)
- Question 1: John J. Bursch, a former Michigan solicitor general
- Question 2: Joseph F. Whalen, a Tennessee associate solicitor general
Petitioners' Designation of Counsel letter to Supreme Court
Reuters article describing process used to select plaintiffs' attorneys
- (Links to all four briefs in article, as well as listed below under each case.)
- 17 March 2015, Petitioners (plaintiffs) in the Supreme Court marriage cases made a formal request for divided argument time. As indicated in the letter linked below, the Solicitor General has asked for argument time for Question One only.
Petitioners propose the following time allotments:
Division of the 45 Minutes allocated to Petitioners on Question 1 (issuing licenses):
- 15 minutes for DeBoer (Michigan)
- 15 minutes for Bourke (Kentucky)
- 15 minutes for Solicitor General
Division of the 30 Minutes allocated to Petitioners on Question 2 (recognition):
- 15 minutes for Obergefell (Ohio)
- 15 minutes for Tanco (Tennessee)
- 6 March 2015, Marriage Equality USA Submits Amicus Brief to SCOTUS
- 5 March 2015, it was announced that Oral Argument in the marriage cases is scheduled for Tuesday, 28 April 2015. Audio will be released the same day: "The Court will provide the audio recording and transcript of the oral argument in 14-556, Obergfell v. Hodges, and consolidated cases, on an expedited basis through the Court’s Website. The argument is scheduled to be heard on Tuesday, April 28 from 10 a.m. until 12:30 p.m. [ET]
"The Court will post the audio recording and unofficial transcript as soon as the digital files are available for uploading to the Website. The audio recording and transcript should be available no later than 2 p.m. on April 28.
"Anyone interested in the proceedings will be able to access the recording and transcript directly through links on the homepage of the Court’s Website. The Court’s Website address is www.supremecourt.gov."
- 16 January 2015, the Supreme Court of the United States granted cert to (agreed to review) all four marriage cases from the 6th Circuit, Order List
- 14-556 OBERGEFELL, JAMES, ET AL. V. HODGES, RICHARD, ET AL. from Ohio
- 14-562 TANCO, VALERIA, ET AL. V. HASLAM, GOV. OF TN, ET AL. from Tennessee
- 14-571 DeBOER, APRIL, ET AL. V. SNYDER, GOV. OF MI, ET AL. from Michigan
- 14-574 BOURKE, GREGORY, ET AL. V. BESHEAR, GOV. OF KY, ET AL. from Kentucky
Questions the Court ordered the parties to address:
1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? (90 minutes of oral argument allocated)
2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? (60 minutes of oral argument allocated)
The parties were limited to filing briefs on the merits and presenting oral argument on the questions presented in their respective petitions.
DeBoer v. Snyder (Michigan), 14-571
Chronological background info for the marriage cases reaching SCOTUS:
- 7 November 2014, it was announced that the couples from the Kentucky, Michigan, Ohio, and Tennessee marriage cases all will be seeking SCOTUS review.
- 14 November 2014, Henry v. Hodges and Obergefell v. Hodges (Ohio marriage cases) plaintiffs filed a Joint Petition for Writ of Certiorari asking SCOTUS to reverse 6th Circuit decision. Lambda Legal/ACLU Press Release
- 14 November 2014, Tanco plaintiffs (Tennessee marriage case) filed a Petition for Writ of Certiorari asking SCOTUS to reverse 6th Circuit decision. NCLR Press Release
- 17 November 2014, the DeBoer v. Snyder plaintiffs (Michigan marriage case) filed their Petition for Writ of Certiorari with the Supreme Court, seeking reversal of 6th Circuit decision. Note that GLAD (Gay & Lesbian Advocates & Defenders)'s Mary Bonauto has joined the legal team.
- 17 November 2014, the Bourke v. Beshear plaintiffs (Kentucky marriage case) filed their Petition for Writ of Certiorari with the Supreme Court, seeking reversal of 6th Circuit decision. All four 6th Circuit states have now filed with SCOTUS!
- 20 November 2014, the Robicheaux v. George plaintiffs (Louisiana marriage case) filed a Petition for Writ of Certiorari with the Supreme Court.
- 2 December 2014, Momentum builds for review of same-sex marriage - By Lyle Denniston, SCOTUSblog
- 17 December 2014, Idaho to take same-sex marriage case to Court - By Lyle Denniston, SCOTUSblog
- 17 December 2014, SCOTUS listed the petition from Louisiana for Robicheaux v. Caldwell for consideration at its 9 January 2014 conference. None of the other petitions currently before the Court in the marriage cases have been listed yet. The last distribution list for the Jan. 9th conference will be created on 23 December 2014.
- Amicus Briefs filed with the Supreme Court in the marriage cases, supporting the grant of cert:
Amicus Brief of 76 Scholars of Marriage (including Regnerus) supporting Review and Affirmance. Filed in Michigan, Tennessee, Ohio, Kentucky, and Louisiana marriage cases; supporting the defendants.
15 December 2014, Amicus Brief of COLAGE, Equality Federation, Family Equality Council, Freedom to Marry and PFLAG in support of respondents. Filed in marriage cases from Ohio, Michigan, and Kentucky.
- 23 December 2014, all of the the 6th Circuit marriage cases - Michigan, Kentucky, Ohio, and Tennessee - are scheduled for the 9 January 2014 Supreme Court Conference. Also on the list for this conference (previously reported) is the petition for cert before judgment in the Louisiana case.
You can see the dockets at the Court here:
- Michigan: http://1.usa.gov/1yl0aFh
- Kentucky: http://1.usa.gov/1rfijSt
- Ohio: http://1.usa.gov/13tWqDP
- Tennessee: http://1.usa.gov/1CwKQqU
- Louisiana: http://1.usa.gov/13cuGna
- 9 January 2015, per Lyle Denniston of SCOTUSblog, the Court did not grant cert to (take for review) any new cases following their private conference today. The orders that were issued today were routine. New orders will be released on Monday, 12 January 2015. Stay posted!
- 12 January 2015, SCOTUS denied cert to Louisiana's Robicheaux before the 5th Circuit rules (see page 20 on Orders list), but took no action on the cases from the 6th Circuit. UPDATE: The Court has officially listed all four 6th Circuit marriage cases for consideration at their conference on Friday, 16 January 2015.
- 16 January 2015, cert granted to all four marriage cases from the 6th Circuit!
Windsor v. United States
Case #: 12-307
Date Filed: 11 September 2012
Ruling Date: 26 June 2013
- Edith Windsor filed a lawsuit against the United States government challenging the governments assertion that she pay $363,053 in taxes on the estate left to her by her late wife Thea Spyer – taxes not required of heterosexual couples. The case ended up before the United States Supreme Court, which found in her favor (5-4 decision) and ruled that the federal definition of marriage as only between a man and women was unconstitutional, thereby striking down Section 3 of the Defense of Marriage Act (DOMA). Ruling in full.
- 25 June 2014, Edie Windsor (Part 1): Early Advocacy with MEUSA
- 10 July 2014, Edie Windsor (Part 2): Life and Love Before Stonewall
- 24 July 2014, Edie Windsor (Part 3) - A Love Affair With the Gay Community
Baker v. Nelson
Case #: 71-1027
Date Filed: 1970
Ruling Date: 10 October 1972
- 18 May 1970, two University of Minnesota gay student activists, Richard Baker and James Michael McConnell, applied for a marriage license in Minneapolis. The clerk of the Hennepin County District Court, Gerald Nelson, denied the request on the sole ground that the two were of the same sex.
- The couple filed suit. The trial court, quashing an alternative writ of mandamus, ruled that respondent was not required to issue a marriage license to petitioners and specifically directed that a marriage license not be issued to them.
- On 15 October 1971, the Supreme Court of Minnesota affirmed the trial court’s decision and ruled that “Minn. St. c. 517 does not authorize marriage between persons of the same sex and that such marriages are accordingly prohibited.”
- The case was appealed to the Supreme Court of the United States.
- 10 October 1972, the U.S. Supreme Court issued a one-sentence order stating, "The appeal is dismissed for want of a substantial federal question." Since this case came to SCOTUS through mandatory appellate review, the summary dismissal was a decision on the merits of the case.
- 8 October 2014, LGBTQ History Month: Jack & Mike, Our Pioneers