Marriage Equality USA

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Lawsuits - Pending

Gibson v. Hodges (formerly Gibson v. Himes)

Case #:  1:14-cv-00347 (Federal District Court)
Court Level: 6th Circuit Court of Appeals
Date Filed: 30 April 2014
Date of Appeal:


  • 6 same-sex couples filed a claim citing violations of the freedom of association and due process and equal protection clauses. The case urges a federal judge to strike down Ohio's ban on marriage for same-sex couples, following two federal court victories in cases that struck down parts of the ban.
  • 19 June 2014, plaintiffs filed a motion for declaratory judgment and permanent injunctive relief. 
  • 4 August 2014, this case was stayed pending 6th Circuit ruling in Henry v. Hodges and Obergefell v. Hodges (see below).
Henry v. Hodges (formerly Henry v. Himes and Henry v. Wymyslo)

Case #: 14-556 (SCOTUS) - follow Obergefell listed immediately below;14-3464 (6th Circuit), 1:14-cv-00129 (District Court)
Court Level: 6th Circuit Court of Appeals
Date Filed: 10 February 2014
Date of Appeal: 12 May 2014


  • 4 same-sex couples (3 married lesbian couples who were expecting to give birth and a gay male couple seeking to adopt) filed a federal lawsuit to force OH to name both parents on the birth certificates. The plaintiffs include three couples who were due to become parents in June, with deliveries scheduled to take place in Cincinnati. The fourth couple lives in New York and wants their child's birth certificate to be amended to reflect both parents' names.
  • The case originally only sought respect for their marriages for the purpose of being listed together on the birth certificates of their children, but the challenge was expanded to ask that OH respect the marriages of same-sex couples legally performed in other states.
  • 14 April 2014, the judge ruled that that marriages entered by same-sex couples outside the state must be recognized for all purposes and that adoptions secured by same-sex couples in other states must be given full faith and credit.
  • 16 April 2014, the ruling was stayed pending appeal.
  • The case was appealed to the 6th Circuit on 12 May 2014.
  • 20 May 2014, consolidated with Obergefell v. Himes for the purpose of argument.
  • Oral argument set for 6 August 2014.
  • 6 August 2014, the 6th Circuit Court of Appeals heard oral argument. Access audio of argument. 
  • 6 October 2014, in light of the SCOTUS orders (pgs 39 & 40) issued on October 6th regarding the 7 marriage cases that had petitioned the high court for review, the plaintiffs filed a Notice of Supplemental Authority stating that: "The Supreme Court’s decision not to hear these cases means that according to binding precedent in the Fourth, Seventh, and Tenth Circuits, bans on allowing same-sex couples to marry and bans on recognizing their marriages from other jurisdictions will not stand, supporting the overall arguments in the Obergefell and Henry plaintiffs’ briefs that discriminating against same-sex couples with regard to marriage laws violates the Fourteenth Amendment."
  • On 6 November 2014, the 6th Circuit ruled reversing the lower court's ruling and upholding the state ban on marriage equality.
  • 7 November 2014, Analysis: Paths to same-sex marriage review - By Lyle Denniston, SCOTUSblog
  • 7 November 2014, 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 Plaintiffs filed a Joint Petition for Writ of Certiorari asking SCOTUS to reverse 6th Circuit decision.
  • Please follow Obergefell v. Hodges, immediately below, for updates. Anything referring to Henry at this point will be included with Obergefell.

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