Hat Tip to Equality on Trial for its case updates:
The Fourth Circuit Court of Appeals will hear oral arguments in Bostik v. Rainey, the Virginia same-sex marriage case, on Tuesday May 13. Fourth Circuit will allow a full hour of arguments in Virginia same-sex marriage case.
A state court judge in Arkansas is expected to rule on that state’s same-sex marriage ban by May 9. Decision in one challenge to Arkansas same-sex marriage ban is expected by May 9.
The United Church of Christ is challenging North Carolina’s same-sex marriage ban. You can read the complaint here.
A new lawsuit has been filed in Ohio, challenging the state’s marriage equality ban. You can read the complaint here.
Last month, a federal judge struck down Ohio’s ban on recognition of same-sex marriages performed outside the state as unconstitutional. A stay has been granted, but it doesn’t apply to the named plaintiffs. Those plaintiffs will get their relief: “Ohio shall issue birth certificates for Plaintiffs’ children which list both lawfully married same-sex spouses as parents.” Other same-sex couples who were married outside of Ohio will have to wait on the outcome of the appeal before their marriages are recognized.
I posted earlier about the request from the state of Michigan to the Sixth Circuit for the full Court to hear its appeal en banc. That request has been denied. Sixth Circuit denies request for initial hearing with all circuit judges in Michigan marriage equality case:
The Sixth Circuit Court of Appeals has denied a request by Michigan officials to hear DeBoer v. Snyder, the challenge to the state’s same-sex marriage ban, with the full panel of judges. The state officials wanted all Sixth Circuit judges to hear the case initially (called an initial en banc hearing), instead of a three-judge panel.
The state officials had argued that an initial en banc hearing would allow the case to proceed faster, and they had noted that all states within the Sixth Circuit now have same-sex marriage cases pending there. That could potentially result in different three-judge panels reaching different conclusions on the same issue, whereas one decision from an initial en banc hearing resolve the case, with all judges weighing in.
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The Sixth Circuit’s order denying the request noted that no judge was in favor of an initial en banc hearing.
The Sixth Circuit Court of Appeals also stayed the ruling in Tanco v. Haslam, the challenge to Tennessee’s ban on recognition of same-sex marriages performed outside of the state. Sixth Circuit Court of Appeals stays decision in Tennessee same-sex marriage case:
The district court judge overseeing the case granted a preliminary order requiring the state to recognize the marriages of the plaintiff couples only, while the case proceeds in the lower court. The state sought to halt the order from going into effect, but the same judge declined to issue a stay.
In granting the request, the Sixth Circuit noted that “a stay of the district court’s order pending consideration of this matter by a merits panel of this Court is warranted, and that this case should be assigned to a merits panel without delay.”
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The appeal will be fast-tracked, so that the issue can be resolved quickly.
In the Ninth Circuit Court of Appeals, the judges have received briefing on whether to rehear SmithKline Beecham v. Abbott Laboratories en banc, or with a larger panel of judges. The Ninth Circuit judges will vote on whether to rehear the case. This case has delayed action on the Ninth Circuit Court of Appeals hearing the same-sex marriage case from Nevada, Sevcik v. Sandoval.
The Tenth Circuit Court of Appeals heard oral arguments last month in the Utah same-sex marriage case, Kitchen v. Herbert, and the Oklahoma same-sex marriage case, Bishop v. Smith. Decisions in those cases are pending.