Roberta Kaplan ‘Confident’ After 5th Circuit Accepts Mississippi Marriage Case

Roberta Kaplan, the attorney who won her Supreme Court case striking down DOMA, is taking on a marriage ban in Mississippi. 

By all accounts, U.S. District Court Judge Carlton Reeves‘ November 25 ruling that struck down Mississippi‘s ban on same-sex marriage was among the most eloquent of any decision in the march toward marriage equality. Likely, we have Roberta Kaplan to thank, at least in part, for inspiring his words – and for winning.

Today, the 5th Circuit Court of Appeals accepted the Mississippi case, Campaign for Southern Equality v. Bryant, but it also extended Judge Reeves’ stay, which was set to expire in five days. 

“We are very pleased that the United State Court of Appeals for the Fifth Circuit has agreed to expedite the appeal of Judge Reeves’ ruling,” Kaplan, lead counsel in the Mississippi case, said in a statement today. “This means that the voices of gay of Mississippians will be heard when the Fifth Circuit takes up the issue of the equal protection and due process rights of gay people.  We look forward to presenting our arguments to the Fifth Circuit.”

“Our clients and other gay couples throughout Mississippi are of course disappointed that the Fifth Circuit extended the stay of Judge Reeves’ ruling. However, we are confident that the Fifth Circuit will affirm Judge Reeves’ opinion so that marriages can begin in Mississippi as soon as possible.”

The Washington Blade adds that the “5th Circuit on Jan. 9 is scheduled to hear oral arguments in two lawsuits challenging the constitutionality of same-sex marriage bans in Texas and Louisiana. It remains unclear whether the federal appeals court will consider the Mississippi case on the same day.”

The lead plaintiff in the Louisiana case of Robicheaux et al v. Caldwell is The New Civil Rights Movement Derek Penton-Robicheaux.

 

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