Marriage Equality USA

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Lawsuits - Resolved

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Obergefell v. Hodges at SCOTUS via SCOTUSblog

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

MERITS BRIEFS
Plaintiffs' Brief (27 February 2015)
State's Brief (27 March 2015)
Plaintiffs' Reply Brief (17 April 2015)

Obergefell/Henry v. Hodges (Ohio) 14-556

Plaintiffs' Brief (27 February 2015)
State's Brief (27 March 2015)
Plaintiffs' Reply Brief (17 April 2015)

Tanco v.Haslam (Tennessee) 14-562

Plaintiffs' Brief (27 February 2015)
State's Brief (27 March 2015)
Plaintiffs' Reply Brief (17 April 2015)

Bourke v. Beshear (Kentucky) 14-574

Plaintiffs' Brief (27 February 2015)
State's Brief (27 March 2015)
Plaintiffs' Reply Brief (17 April 2015)

AMICUS BRIEFS in Support of Plaintiffs

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

Description:

Baker v. Nelson

Case #: 71-1027
Date Filed: 1970
Ruling Date: 10 October 1972

Description:

  • 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

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