Big Marriage News From Kansas, Michigan, Ohio, Tennessee, And Kentucky

Closing out one of the most turbulent weeks in American politics and marriage equality comes big news from five states.

This has been one of the most-active weeks for U.S politics and for marriage equality. Three judges struck down bans on same-sex marriage, including a state and a federal judge in Missouri, and a federal judge in Kansas, and the 6th Circuit Court of Appeals upholding bans on same-sex marriage in four states.

It’s been a full week.

Now there’s more marriage news.

First up: Kansas.

The 10th U.S. Circuit Court of Appeals has just denied the State’s request for an emergency stay pending appeal on the Kansas ruling, meaning same-sex couples can begin marrying next week.

Chris Geidner at Buzzfeed reports that “same-sex couples likely will be able to marry in Kansas later on Tuesday, Nov. 11, or, if no offices remain open past 5 p.m., then on Wednesday, Nov. 12.”

Meanwhile, Kansas is requesting an en banc review – in this case a review by all the Circuit Court’s judges – of the ruling from the 10th Circuit.

Next up, in case the photo above didn’t give it away, we have another opportunity for the U.S. Supreme Court to review same-sex marriage cases.

The Court declined last month to take up any same-sex marriage cases, likely because there had not been any conflicting opinions at the appellate court level. 

Now, the 6th Circuit’s ruling removes that requirement and the nation’s highest court will likely step in and review at least one same-sex marriage case.

The big news is all four cases in which the 6th Circuit ruled that states have the constitutional right to ban same-sex marriage, will skip the next level, the en banc hearing, and are requesting the Supreme Court to hear their cases.

Chris Geidner filed a lengthy report updated over the past two days. Excerpts tell the story:

“[G]iven the urgency of the issues for the Tennessee plaintiff couples, we will be asking the Supreme Court to review the Sixth Circuit decision rather than seeking en banc review,” National Center for Lesbian Rights lawyer Shannon Minter wrote to BuzzFeed News.

“Since it seems as though review of this issue by the Supreme Court is an inevitability, we are not seeking en banc review. We hope to have the Kentucky case fully briefed and before the SCOTUS at the earliest possible date,” Dan Canon wrote to BuzzFeed News.

Al Gerhardstein, representing Ohio’s James Obergefell, said he will be filing a cert petition at the Supreme Court, hopefully by next Friday, Nov. 14. Dana Nessel said that she would be doing the same on behalf of her Michigan clients, April DeBoer and Jayne Rowse, although she did not lay out a timeline for the filing.

“Justice [Ruth Bader] Ginsburg said they were waiting for a split on this issue — and they certainly have that now,” Nessel said.

Abby Rubenfeld, the lead lawyer for the Tennessee plaintiffs, updated BuzzFeed News about Friday’s call with the counsel from all four states.

“We just had a conference call with the attorneys from all four Sixth Circuit states on the marriage cases. We were all in agreement to apply for certiorari at the supreme court, and not to first seek en banc review in the Sixth Circuit,” she explained. “Given the significance of the issue, the reality that it will end up in the Supreme Court ultimately, and the harms that all of our clients are suffering each day that their marriages are not recognized, we want to get to the Supreme Court sooner rather than later.” 

“We hope to file within two weeks, and hopefully sooner, so that we can still be on the docket for this term—which means resolution by june 30, 2015,” she added.

 

Image via Flickr 

 

Related At The New Civil Rights Movement:

Federal Judge’s Missouri Pro-Marriage Ruling Takes Swipe At 6th Circuit Anti-Marriage Ruling

Missouri Democratic Attorney General Wastes No Time, Announces Marriage Ruling Appeal

Dissenting 6th Circuit Judge: Anti-Gay Marriage Ruling ‘Fails’ On ‘Constitutional Question’