Thursday, April 10, 2014

We don't have time to wait

Lambda Legal created a list of all the marriage equality cases before the various courts. There are 65 cases in 28 states. 9 of those are in Federal Appeals Courts (Circuits 4, 5, 6, 9, and 10 -- no need for cases in Circuits 1 & 2), 35 in Federal District Courts, and 21 cases in state courts. Of the state cases 5 are at some level of appeal, including at state supremes. The cases are about one or more of freedom to marry, recognition of out-of-state marriages, freedom to divorce, and freedom to adopt. There are now only five states without marriage equality that do not have pending legislation -- Alaska, Georgia, Montana, North & South Dakota.

Each case includes the current status. For example, in the Michigan case it lists the date of the trial, ruling, and appeal. For that appeal briefs must be filed in May and June, so oral arguments won't happen until at least July.

When the list was posted it had 64 entries. That same day another case was filed, this one in North Carolina. One of the plaintiffs is age 89. Her partner says "We don't have time to wait!"

One of those 65 cases is Utah. Oral arguments were heard today at the 10th Circuit before a 3-judge panel. From what was said by the judges it seems one will likely approve marriage equality, one will deny it, and the third judge gave conflicting indications. They probably will take their time to rule because the 10th Circuit hears the Oklahoma case next week. More here.

In preparation for the Utah case the defendants filed a letter saying they decided not to use the study by Mark Regnerus after all. That's the study declared "unbelievable" by the judge in the Michigan case. But somehow the state of Utah concluded that while kids of gay parents do just fine, if marriage equality is allowed kids of straight parents will suffer. Tell it to the judge.



Back in 2012 an Italian gay couple went to New York to get married (I'm sure more cool than Amsterdam). A court has now ordered the town of Grosseto, in Tuscany, to officially list the couple as married.

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