This week there were three rulings on marriage equality. The first one came out of
Alaska where a federal judge ruled Alaska's marriage ban(s) was unconstitutional and violated both the due process and equal protections clauses of the Fourteenth Amendment to the US Constitution. You can read more about that
here. Alaska requested a stay pending appeal from the district court (which was denied) and the Ninth Circuit. The Ninth Circuit granted a temporary stay so that officials could request a stay from the SCOTUS, which they did. On Friday, the SCOTUS denied the stay just as the temporary stay from the Ninth Circuit was about to expire. Congratulations Alaska!
The next ruling came from Arizona (part of the Ninth Circuit) on Friday striking down that state's ban(s) on marriages of same-sex couples. There was no stay in the order, and Arizona officials decided not to appeal the ruling. You can read more about that ruling here. Congratulations Arizona!
The third ruling came out of Wyoming. A federal judge there issued a preliminary injunction prohibiting state officials from enforcing the state's marriage ban. The ruling was stayed till October 23 or when all defendants (state officials) notify the Court that they do not plan to appeal the ruling, whichever comes first. You can read more about this ruling here.
In Nevada, the Coalition To Protect Marriage has appealed the Ninth Circuit ruling by the three-judge panel to the Ninth Circuit en banc (eleven judge panel). Unfortunately for them, they do not have Article III standing to appeal, so this desperate attempt seems destined to fail.
Plaintiffs in the Kansas marriage equality case have filed a motion for preliminary injunction. Kansas is the remaining state in the Tenth Circuit not to have marriage equality (or a ruling in favor of marriage equality).
In Florida, AG Pam Bondi has requested that the state Supreme Court hear the (state) marriage equality cases now that the SCOTUS has denied cert. in the cases before it. She filed the motion for pass through of the marriage equality rulings now before the state's Third District Appeals Court. Meanwhile, in the federal marriage equality case out of Florida, the plaintiffs have requested that Judge Hinkle lift the stay on his injunction. He has asked the state defendants to respond to the request by October 24.
In South Carolina, the judge presiding over that marriage equality case has set a dispositive motions briefing schedule. She may then schedule oral argument (or not). South Carolina is the remaining state out of the Fourth Circuit without marriage equality. And, Lambda Legal and Equality South Carolina have filed a new lawsuit on October 15 and indicated that Fourth Circuit precedent requires judgment for the plaintiffs.
In Montana, the plaintiffs in that marriage equality case have filed a motion for summary judgment. Montana is the remaining state out of the Ninth Circuit without marriage equality.
There was a marriage equality hearing in federal court in South Dakota today. And, it was to hear arguments on the state's motion to dismiss that marriage equality case. The state is claiming that the Eighth Circuit 2006 decision in the Bruning case controls. You can read more about this case and the hearing today here.
In Idaho, the Ninth Circuit dissolved the stay on the district court's injunction from the marriage equality cases in that state. Congratulations Idaho! The following is a lovely video of the first day of marriage equality in Idaho. I love seeing those happy couples!