Tag: 5th Circuit Court

Posted on

Texas: 5th Circuit Court Of Appeals Rules Against Voter ID Law

The Fifth Circuit Court of Appeals has ruled Texas’ Voter ID law violates the Voting Rights Act.

From the Dallas Morning News:

In an unanimous decision, a three-judge panel ruled that the controversial and Republican-backed measure violated Section 2 of the landmark civil rights law.

The law has been part of a complicated legal battle for years. But the victory was narrow win for opponents of the law.

The judges also rejected a previous judge’s ruling that the law was passed with the intent to discriminate. The Fifth Circuit sent that portion of the lawsuit back to a U.S. district court.

The court wrote that, if the lower court finds in its review of the case that the voter ID Law only violates Section 2 of the Voting Rights Act, it should find a solution that can still reduce the risk of in-person voter fraud and satisfy the legislative intent of the voter ID law.

Expect the proponents to request full court review or head straight to the U.S. Supreme Court.

Posted on

Reporters At The 5th Circuit: Same-Sex Marriage Bans Likely To Be Struck Down

Judge Higginbotham is considered the “swing” vote on the three judge panel hearing oral arguments today on same-sex marriage.

UPDATE – After Mississippi oral arguments:

UPDATE – After Texas oral arguments:

It should be noted there’s no telling when a ruling could be forthcoming – the 7th Circuit took one week, the 6th Circuit took three months.

Posted on

Texas, Louisiana & Mississippi Marriage Equality Cases At The 5th Circuit Court Today

In New Orleans, the 5th Circuit federal appellate court will hear oral arguments in the marriage equality cases from Louisiana, Texas and Mississippi today.

Oral arguments in each of those hearings will last for 30 minutes, and the Court will hear from DOMA lawyer Robbie Kaplan in the Mississippi case.

The three judge panel consists of James E. Graves Jr., Patrick E. Higginbotham (pictured) and Jerry E. Smith – who will be hearing the cases today.

Additionally, the US Supreme Court will be considering, in private chambers, whether to take up one, all or none of the same-sex marriage cases that we lost in the 6th Circuit Court.

Big day today, so stay tuned for updates.

Posted on

Texas Governor-elect Greg Abbott: Gay Marriages During Appeal Would Be “Deeply Offensive”

Texas Governor-elect Greg Abbott says it would be “deeply offensive” for same-sex marriages to take place during the appeal of a federal district judge’s ruling striking down the state’s marriage bans.

Abbott made the comments during a press conference Monday where he unveiled his agenda and staff as governor, the Associated Press reports:

The governor-elect didn’t mention gay marriage until he was asked about the 5th U.S. Circuit Court of Appeals, which next month will hear a case in which a judge in February struck down Texas’ ban.

Some advocates have asked other Texas judges to begin performing gay marriages pending the appeal, but Abbott said that would be “deeply offensive” since it “would be a clear rebuke of the 5th Circuit’s jurisdiction.”

Oral arguments are scheduled for January 9th in the 5th Circuit Court of Appeals regarding US District Judge Orlando Garcia’s ruling which struck down Texas’ ban on same-sex marriage.

Posted on

Mississippi Gets January 9 Date With 5th Circuit Court For Marriage Equality

While the 5th Circuit Court of Appeals declined to consolidate Mississippi’s same-sex marriage case to the already scheduled hearings for Texas and Louisian, the court did add Mississippi to the same day’s schedule.

Each side will be given thirty minutes to argue their case.

Posted on

State of Mississippi Receives Indefinite Stay On Same-Sex Marriage Ruling

The state of Mississippi has asked the 5th Circuit Court of Appeals for an indefinite stay of a federal judge’s ruling which overturned the state’s same-sex marriage ban.

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.

Accordingly, Mississippi’s motion for stay pending appeal is GRANTED.

The original stay on the ruling was set to expire on December 10th.

No Christmas marriages for Mississippi.

Texas and Louisiana will have their appeals heard at the 5th Circuit the first week of January.

Posted on

Fifth Circuit Court of Appeals Sets January Date for Texas’ Same-Sex Marriage Appeal

The 5th U.S. Circuit Court of Appeals has tentatively scheduled oral arguments for the week of Jan. 5 in a lawsuit challenging Texas’ same-sex marriage bans.

In February, U.S. District Judge Orlando L. Garcia struck down the marriage bans as unconstitutional in DeLeon v. Perry. However, Garcia stayed his decision pending an appeal, and Attorney General Greg Abbott appealed it to the 5th U.S. Circuit Court in New Orleans.

The Texas case will be heard the same week as another marriage case from Louisiana, which is also in the 5th Circuit.

In September, U.S. District Judge Martin Feldman upheld Louisiana’s marriage ban in Robicheaux v. Caldwell, becoming the first federal judge to uphold marriage discrimination since June 2013.

(from Lone Star Q)

Posted on

Mississippi: Marriage Equality Lawsuit Filed By Edie Windsor’s Legal Team

The Campaign For Southern Equality has filed a lawsuit on behalf of two same-sex couples challenging the constitutionality of Mississippi’s ban on marriage equality.

Lead counsel for the plaintiffs is Roberta Kaplan of Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Kaplan was also lead counsel in United States v. Windsor, the landmark case that struck down sections of the Defense of Marriage Act (DOMA) in June 2013.

Statement from Roberta Kaplan:

“As the lawyers who represented Edie Windsor, we are so honored to be able to file this case today on behalf of Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett, Carla Webb, and the Campaign for Southern Equality.
“The Supreme Court took a gigantic step forward last year in Windsor, and since then, dozens of courts around the country have followed suit so that today, gay people in thirty-two states have the right to marry.
“It is now time to take the next big step by making sure that gay families in Mississippi are accorded these same protections. The Supreme Court has made it clear that no matter where a gay person lives —whether it is in Maine, Minnesota, or Mississippi—our Constitution requires that they be treated with the same dignity and respect under the law as everyone else.”

Mississippi is covered under the jurisdiction of the 5th Circuit Court of Appeals, which is still weighing a challenge from Texas for the freedom to marry.

(via the Campaign for Southern Equality)