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.

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.

SCOTUS To Consider Michigan Same-Sex Marriage Appeal On January 9th

January 9, 2015 looks to be the day that the US Supreme Court will consider taking up a review of the Michigan same-sex marriage ruling.

Last month, the 6th Circuit became the first appeals court to uphold state-level bans on same-sex marriage. The 6th upheld marriage equality bans in Michigan, Ohio, Tennessee, and Kentucky.

Michigan is considered an especially appropriate case to take to SCOTUS for several reasons:

• There was an actual trial for the legal challenge as opposed to a ruling based purely on a judge’s review of briefs filed
• The Michigan case includes not only recognition of marriages performed in other states, but seeks to overturn Michigan’s own ban on same-sex marriage
• The Michigan plaintiffs are raising children – a big component in the marriage equality debate

Hopefully, SCOTUS will take this important case up for review in this session. Otherwise, LGBT families would have to wait another year for marriage equality.

Focus On The Family – Florida Votes Against Same-Sex Marriage Being “Trampled On”

This is how the anti-gay Focus On The Family “frames” the same-sex marriage issue in Florida.

Yesterday the 11th Circuit Court of Appeals denied a request from the state to extend the current stay on the ruling which overturned the state’s marriage equality ban past January 5th.

However, the state probably will head to SCOTUS where the request would land on the desk of Justice Clarence Thomas, who I imagine will be inclined to grant further stay on the ruling.

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.

Marriage Equality To Come To Florida In January 2015

Today the 11th Circuit Court of Appeals has denied the state’s motion for stay of a District Court ruling that overturned the state’s ban on marriage for same-sex couples. The stay is scheduled to expire at the end of the day on January 5th, enabling same-sex couples to apply for marriage licenses at that time, unless the US Supreme Court intervenes.

“We are thrilled that the 11th Circuit has denied the state’s request to delay marriages in Florida. Every day of delay is another day of harm experienced by thousands of loving and committed same-sex couples in Florida. Now it’s time to break out the wedding bells,” said Nadine Smith, CEO of Equality Florida. “Florida is ready for the freedom to marry!”

On August 21, US District Court Judge Robert Hinkle ruled in favor of the freedom to marry and respect for marriage legally performed between same-sex couples in other states in these two consolidated federal marriage cases, Brenner v. Scott and Grimsley and Albu v. Scott.

The District Court placed a stay of their decision to allow time for appeals. The stay is scheduled to expire on January 5th. The state of Florida had requested an extension of the stay from the 11th Circuit Court until the appeals process if fully finished, while lawyers for the plaintiff couples had opposed any extension pointing to federal court ruling that struck down similar gay-marriage bans in other states.

The state of Florida can request that the US Supreme Court issue a stay. Stay tuned for that.

You can read the ruling here.

(via press release)

South Carolina AG Asks Fourth Circuit Court To Pause On Same-Sex Marriage Appeal

South Carolina Attorney General Alan Wilson has already asked the 4th Circuit to consider his request for appeal of the overturning of his state’s ban on same-sex marriage.

Yesterday, however, he changed course and petitioned the Fourth Circuit Court to NOT rule on his previous marriage appeal until the Supreme Court issues a decision on the cases out of Sixth Circuit.

What Wilson, and Attorneys General in other states, is attempting to do is keep his options open so that should SCOTUS rule against marriage equality via the 6th Circuit cases, he can undo the ruling on his state.

Equality Case Files shares the request here.