Tag: SCOTUS

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US Attorney General Issues Statement On SCOTUS Decision To Hear Same-Sex Marriage Cases

Attorney General Eric Holder released the following statement after the U.S. Supreme Court agreed to hear four cases on same-sex marriage equality:

“After the Justice Department’s decision not to defend the constitutionality of Section 3 of the Defense of Marriage Act, the Supreme Court sent a powerful message that Americans in same-sex marriages are entitled to equal protection and equal treatment under the law. This landmark decision marked a historic step toward equality for all American families.

“The Supreme Court has announced that it will soon hear several cases raising core questions concerning the constitutionality of same-sex marriages. As these cases proceed, the Department of Justice will remain committed to ensuring that the benefits of marriage are available as broadly as possible. And we will keep striving to secure equal treatment for all members of society – regardless of sexual orientation.

“As such, we expect to file a ‘friend of the court’ brief in these cases that will urge the Supreme Court to make marriage equality a reality for all Americans. It is time for our nation to take another critical step forward to ensure the fundamental equality of all Americans – no matter who they are, where the come from, or whom they love.”

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US Supreme Court Will Take Up All Four 6th Circuit Same-Sex Marriage Rulings

SCOTUS has agreed to hear oral arguments from the four states in the 6th Circuit – Michigan, Kentucky, Tennessee, and Ohio – on the right of same-sex marriage.

From Buzzfeed:

The two questions granted by the court for argument are: 1) “Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?” and 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?”

There will be 90 minutes of argument on the marriage question and 60 minutes of argument on the marriage recognition question, per the court’s order.

The review comes from a rulng on November 6, 2014, from the 6th Circuit Court of Appeals which saw the first conflict between federal appellate courts having disagreed with 5 previous appeals courts (the 4th Circuit, 7th Circuit, 9th Circuit, and 10th Circuit courts of appeals) on the constitutional right to same-sex marriage.

In June of 2013, SCOTUS ruled that the anti-gay Defense of Marriage Act was unconstitutional, and in doing so struck down the main portion of the law keeping LGBTs from federal recognition of legal marriages.

The cases will be heard in April and by late June we should finally have a decision on the freedom to marry across the US.

Same-sex marriage is currently legal in 36 states plus the District of Columbia.

You can read the order below:

all have struck down such bans on various grounds.

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No Word From SCOTUS Today On 6th Circuit Court Marriage Ruling

Today was the first day we might have heard something from the U.S. Supreme Court on whether the justices will take up one or all of the same-sex marriage cases from the 6th Circuit Court of Appeals.

And – we got nothing.

The justices will consider – again – on Friday whether to hear Kentucky, Michigan, Ohio, and/or Tennessee marriage cases.

The justices did deny Louisiana same-sex couples’ request to skip over the appeals court and take their case directly, but that was rather expected.

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SCOTUS Says “No” To Louisiana Marriage Equality Review

The US Supreme Court rejected a request from same-sex couples to review a Louisiana decision against the freedom to marry today.

The decision not to hear the Louisiana case was not unexpected as gay rights advocates had sought to skip the regular judicial process by seeking Supreme Court review before the case had been decided by an appeals court. Gay rights advocates representing the Louisiana plaintiffs said in court papers there is a “pressing need” to resolve the issue once and for all.

The 5th U.S. Circuit Court of Appeals in New Orleans, which has jurisdiction over the state of Louisiana, heard arguments in the case on Friday and has not yet ruled. The same court is also weighing challenges to bans in Texas and Mississippi.

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No Word From SCOTUS On Same-Sex Marriage Cases

No word from the US Supreme Court today on whether or not the high court will take up one of five same-sex marriage cases submitted for review.

In October, the justices turned down similar petitions in a series of other same-sex marriage cases, but many observers expected the court to announce action on the new set of petitions Friday because of a split that developed among federal appeals courts late last year

That divergence occurred in November when the Cincinnati-based 6th Circuit Court of Appeals found no federal constitutional right to same-sex marriage. That decision parted company with the 4th, 7th, 9th and 10th Circuits, all of which held there is such a right.

In October, SCOTUS chose not to review any cases because at that time all appellate courts were in agreement. Now, with the 6th Circuit, that’s not the situation.

The justices could decide to pick any or all of the cases, or none. OR – could choose to wait a while before making the decision.

The justices are looking at cases from Michigan, Ohio, Indiana, Tennessee and Louisiana.

Currently 36 states plus the District of Columbia allow same-sex marriage. Approximately 70% of Americans live in states with the freedom to marry.

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Five Marriage Equality Cases Filed With SCOTUS

On January 9, the United States Supreme Court will consider petitions on the freedom to marry from 5 marriage states – Tennessee, Louisiana, Ohio, Michigan, and Kentucky – who are seeking certiorari this term.

The January 9 conference is the Supreme Court’s first chance to consider these five petitions seeking certiorari.

After the January 9 conference, the Court will announce if it will grant certiorari in the case, meaning it has agreed to hear oral arguments and likely offer judgment.

If the Court makes no mention of the marriage cases after the conference, the cases will likely be relisted for consideration at a future conference.

The subsequent conferences this winter will be held on January 16 and January 23.

(from Freedom To Marry)

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SCOTUS Denies Florida Request For Extension Of Same-Sex Marriage Ruling Stay

Florida’s Republican Attorney General Pam Bondi has spent months fighting rulings in favor of overturning her state’s ban on same-sex marriage.

In fact, she recently asked the US Supreme Court to extend the current stay on one of those rulings as the case awaits it’s turn at the 11th Circuit Court.

Color me shocked, but that request was just denied.

Although Justice Clarence Thomas (who oversees such requests for the 11th Circuit) referred the matter to the full court – which decided against extending the stay – both he and Justice Scalia noted that they would have granted the extension.

Here’s the background on the case via Chris Johnson at the Washington Blade:

In August, U.S. District Court Judge Robert Hinkle ruled against the state’s ban on same-sex marriage, known as Amendment 2, but placed a stay on his order until 91 days passed after the appeals process was completed in the Utah, Oklahoma and Virginia marriage cases. When the U.S. Supreme Court refused to review these cases, it set for date for same-sex couples to be able to marry in Florida starting Jan. 5.

Bondi tried to extend the stay on the same-sex marriages as she continued to defend the law in court, but her requests were by denied by the district court as well as the U.S. Eleventh Circuit Court of Appeals, which ordered the stay to be lifted “at the end of the day” on Jan. 5.

Nadine Smith, CEO of Equality Florida, issued this statement: “We are thrilled the U.S. Supreme Court 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. It’s time to break out the wedding bells! We look forward to January 6th being a special day — Florida is ready for the freedom to marry.”

I reported yesterday that Osceola County Clerk of the Courts Armando Ramirez has stated that if the stay was lifted, his courthouse would open at 12:01 a.m. on Jan. 6 to issue marriage licenses and possibly perform services.

I mentioned I’m shocked as this is the first time that SCOTUS has denied such a request before a federal appeals court had ruled on the issue. That said, I think it’s a clear indication of the thinking of the high court in terms of marriage equality 🙂

Happy Dance Time!

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Florida County Clerk To Issue Marriage Licenses To Same-Sex Couples At Midnight If Stay Expires

Depending on whether or not SCOTUS does or does not extend the current stay on a ruling which overturned Florida’s ban on same-sex marriage, the county clerk in Osceloa County plans to be open for business at the stroke of midnight January 6th to issue marriage licenses to couples wishing to marry.

From Osceloa-News-Gazette:

Osceola County Clerk of the Courts Armando Ramirez said he expected to process up to 30 licenses that night for gay couples who have long-waited for the right to marry.

“My wife and I will also be there personally to witness the historic moment,” Ramirez said. “I believe marriage is just a legal pact between two adults, and there needs to be a separation of church and state.”

Ramirez got approval to open the second-floor courthouse office where passports and marriage licenses are issued and $725 for a seven-person security detail from the Osceola County Commission this week.

I’m would wager that Supreme Court Justice Clarence Thomas will extend the stay on the ruling.

But it’s very kind of Ramirez to prepare just in case.

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Supreme Court Justice Thomas To Consider Extending Stay On Florida Same-Sex Marriage Ruling

On Monday, Florida Attorney General Pam Bondi requested the US Supreme Court consider an extension to the current stay on a federal district court’s ruling which struck down the state’s same-sex marriage ban.

Supreme Court Justice Clarence Thomas oversees requests from the 11th Circuit (which includes the state of Florida). Thomas could decide for himself whether or not to extend the stay or submit it for review by the entire Supreme Court.

Now, it looks like he’ll probably rule on his own, and most probably in favor of the extension.

From The Advocate:

Supreme Court Justice Clarence Thomas said late Tuesday that he will consider Florida attorney general Pam Bondi’s petition to extend a hold on marriage equality in the state, and he has asked plaintiffs’ attorneys to present their arguments for lifting the stay by Thursday.

[snip]

The stay was set to expire at the end of the day January 5, allowing same-sex couples to being marrying in Florida January 6, and the 11th Circuit Court of Appeals this month denied Bondi’s request for an extension. Bondi wants the stay to continue during the state’s appeal of Judge Robert Hinkle’s August ruling or, alternatively, until the Supreme Court decides whether to take up one of the four cases stemming from the Sixth Circuit Court of Appeals decision to uphold marriage bans in four states.”

Thomas has indicated in earlier cases that he leans toward granting such requests while rulings are still being reviewed.

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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.