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Lambda Legal Asks U.S. Supreme Court to Review Federal Judge's Ruling Upholding Louisiana Gay Marriage Ban

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Hoping to bypass the 5th Circuit Court of Appeals, Lambda Legal and the lawyers representing Forum for Equality Louisiana and seven same-sex Louisiana couples have asked the U.S. Supreme Court to review U.S. District Judge Martin Feldman's August ruling upholding the state's same-sex marriage ban. 

The filing, called a Writ of Certiorari before Judgment can be granted in cases that show there is imperative public importance as to justify bypassing the normal appeals process in the Circuit Court of Appeal.

Said Lambda Legal Senior Counsel Kenneth D. Upton, Jr. via statement:

LouisianaThe ruling from the lower court in this case is a time-warped reading of the Constitution and neglects developments in the law, including since the Supreme Court’s decision in Windsor. We have seen a blizzard of well-reasoned rulings in recent months holding similarly discriminatory bans unconstitutional, including rulings out of the Fourth, Seventh, Ninth and Tenth Circuits Courts of Appeal. We are asking for the Supreme Court’s review now while it is considering the Sixth Circuit decision because together these cases present the full gamut of aberrant arguments supporting these discriminatory bans, and, in Louisiana specifically, present in one state a case covering both the right of same-sex couples to marry, and for legally married same-sex couples to have those marriages recognized. The longer same-sex couples are forced to live in a country divided by where their families are respected and where they aren’t the more apparent the injustice will become—and that clarity will come at a price for thousands of families.

Added Forum for Equality Louisiana Executive Director SarahJane Brady:

Dozens of federal courts have been nearly unanimous: these hateful, politically motivated marriage bans have no place in our country – and they will soon end up in the dustbin of history where they belong.  After the Sixth Circuit’s ruling upholding state bans on same sex marriages, we determined there is too much at stake in Louisiana and other states without marriage equality to wait on the appeals process to play out, potentially delaying justice for same-sex couples.

The Fifth Circuit has scheduled arguments in challenges to same-sex marriage bans from Louisiana and Texas for January 9. 

Read the petition below via Equality Case Files:

 


South Carolina Attorney General Alan Wilson Asks SCOTUS Chief Justice John Roberts to Stay Gay Marriage Ruling: READ

6a00d8341c730253ef01901defb276970b-800wiSouth Carolina's Attorney General Alan Wilson, who has long been entrenched in his battle against attempts to end the state's discriminatory ban on same-sex marriage, is seeking a stay of U.S. District Judge Richard Mark Gergel's ruling that struck down the Palmetto state's marriage ban as unconstitutional from none other than U.S. Supreme Court Chief Justice John Roberts. Just yesterday, the Fourth Circuit Court of Appeals denied a similar appeal made by Wilson. Now, as BuzzFeed reports, all eyes turn to Roberts and whether the 6th Circuit's move to uphold same-sex marriage bans and the subsequent appeals by plaintiffs in those cases will sway Roberts to intervene:

Since the justices turned down five states’ requests on Oct. 6 to take a marriage case appeal — including a decision from the 4th Circuit striking down Virginia’s marriage ban — the justices have, on three occasions, turned down requests to issue stays of lower court rulings during appeals. This includes one, in Kansas, since the 6th Circuit Court of Appeals upheld four other states’ bans.

Now, however, with requests in from the plaintiffs in those four states’ cases asking the Supreme Court to take one or more of the appeals and resolve the question, Wilson is hoping that he can get a stay issued from the court to stop the trial court ruling from going into effect Thursday.

Specifically, South Carolina is asking the chief justice to grant a stay pending appeal because, the filing asserts, the 4th Circuit Court was wrong in its decision in the case challenging Virginia’s marriage ban, Bostic v. Schaefer, which the Supreme Court let stand on Oct. 6.

Same-sex marriage is set to begin Thursday at noon in South Carolina should a stay not be granted.

Read the appeal filed by Wilson, AFTER THE JUMP...

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Michigan and Kentucky Plaintiffs Ask Supreme Court to Review Sixth Circuit Ruling Upholding Gay Marriage Bans

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Joining plaintiffs in Ohio and Tennessee who have filed similar petitions with the Supreme Court, the plaintiffs at the center of the cases challenging Kentucky and Michigan's gay marriage bans are asking the high court to take up the Sixth Circuit's anti-equality ruling. 

The Associated Press reports:

...Kentucky Attorney General Jack Conway has declined to defend the state ban and Gov. Steve Beshear has hired private attorneys to represent the state. The Ohio appeal focuses on the state’s refusal to recognize out-of-state gay marriages because of its own ban, while the Tennessee case is narrowly focused on the rights of three same-sex couples.

Detroit Free Press reports on the significance of the April DeBoer and Jayne Rowse's Michigan case:

While it remains uncertain which case -- if any -- the U.S. Supreme Court decides to take, here are some elements that make the Michigan case unique:

* There was an actual trial on the same-sex marriage issue in Michigan, whereas in other states, judges issued decisions after reading written arguments, with no cross examination of any witnesses or experts.

* Two, the Michigan plaintiffs aren't just seeking legal recognition for same-sex couples who were married in other states, but are actually fighting to make gay marriage legal in Michigan by challenging a voter-approved ban on it.

Michigan* Three, the Michigan plaintiffs also have children they are raising together — a key issue in the same-sex marriage debate. Those fighting to legalize gay marriage argue families are being harmed when same-sex parents aren't legally recognized, while traditional marriage advocates argue that children thrive best when raised by moms and dads and that it's too early to tell if same-sex parenting is a good idea or not.

* Four, the state of Michigan is actively seeking to keep same-sex marriage illegal, whereas in other states, officials have opted not to pursue appeals once a federal judge has spoken on the issue. That didn't happen at the conclusion of Michigan's same-sex marriage trial.

DOMA lawyer Mary Bonauto has also joined the Michigan legal team. 

Here are the briefs courtesy of Equality Case Files

[photo via screenshot]


NCLR Asks Supreme Court to Review 6th Circuit Ruling Upholding Tennessee's Gay Marriage Ban

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Following on the heels of a similar petition by the ACLU and Lambda Legal earlier today, the National Center for Lesbian Rights has asked the Supreme Court to take up the Sixth's Circuit's anti-equality ruling.

The ACLU and Lambda Legal request deals with Ohio's gay marriage ban while the NCLR's centers on Tennessee's ban.

Background on the case, courtesy of NCLR

On October 21, 2013, NCLR filed a lawsuit on behalf of three legally married same-sex couples, challenging Tennessee laws that prevent the state from respecting their marriages and treating them the same as all other legally married couples in Tennessee. To prevent the plaintiff couples from continuing to be harmed by Tennessee’s laws, a federal district court in Nashville, Tennessee ruled on March 14, 2014 that Tennessee officials must recognize the couples’ marriages while their lawsuit is pending. The state appealed that ruling.

Read the petition below:


ACLU and Lambda Legal Ask Supreme Court to Review 6th Circuit Ruling Upholding Gay Marriage Bans

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As expected, the ACLU and Lambda Legal have filed a petition asking the U.S. Supreme Court to take up the Sixth Circuit's anti-equality ruling that upheld gay marriage bans in Ohio, Michigan, Tennessee, and Kentucky. 

Said Susan Sommer, Director of Constitutional Litigation for Lambda Legal via press release:

We have reached a tipping point, and the lives of thousands of same-sex spouses and their families hang in the balance. The Sixth Circuit Court of Appeals’ ruling shines a spotlight on our divided country, where married same-sex couples are either respected or discriminated against, depending on where they live or even where they travel. As we have learned from other historic cases like Loving v. Virginia and Lawrence v. Texas, there comes a time when the U.S. Supreme Court weighs in, and provides the answer,--on the question of marriage for same-sex couples we believe that time has come.

Read the petition below via Equality Case Files:


Sonia Sotomayor Issues Temporary Stay on Kansas Gay Marriage Ruling

SotomayorJustice Sonia Sotomayor has issued a stay on the ruling overturning Kansas gay marriage ban until "further order" by Sotomayor or the full Supreme Court, SCOTUSblog reports

Earlier today, Kansas Attorney General Derek Schmidt had asked  Sotomayor for an emergency stay on Judge Daniel Crabtree's November 4 ruling that was set to go into full effect 5pm tomorrow. 

Sotomayor has asked same-sex couples to issue a response to Kansas' request for a stay pending appeal by 5pm tomorrow. 

Here's Sotomayor's order:


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