The 9th Circuit Court of Appeals is the fifth federal appeals court to hear arguments on same-sex couples’ marriage rights this year. The 9th Circuit Court of Appeals appeared poised to strike down bans on same-sex couples’ marriages in Idaho and Nevada in nearly two hours of arguments on Monday. All three judges hearing the cases — Judges Stephen Reinhardt, Marsha Berzon, and Ronald Gould — appeared ready to rule the bans unconstitutional as violating equal protection guarantees. As with other appellate courts to hear marriage cases this year, the court did note that the judges expect the matter to be headed to the Supreme Court. When Monte Stewart, the lawyer arguing in support of both Idaho and Nevada’s bans, questioned the court’s view of Justice Anthony Kennedy’s opinion in last year’s case striking down part of the Defense of Marriage Act, Reinhardt retorted, “I think you’re going to have an opportunity to find out what Justice Kennedy thinks.” Although not as fireworks-filled as

Ceremony to take place at a time when number of potential marriage equality cases that might go before the high court grows Ruth Bader Ginsburg, an associate justice of the US Supreme Court, is set to perform yet another same-sex wedding ceremony this weekend - her fourth. Ginsburg, 81, will be conducting the ceremony of her former law clerk, Danny Rubens, and his fiance Danny Grossman. It was 13 months ago that Ginsburg performed her first same-sex wedding ceremony and she told the Washington Post at the time: 'I think it will be one more statement that people who love each other and want to live together should be able to enjoy the blessings and the strife in the marriage relationship.' This weekend's wedding takes place as the number of potential same-sex marriage cases that might go before the high court continues to grow. So far, cases in Utah, Virginia, Oklahoma, Indiana and Wisconsin are among the possibilities. Ginsburg had said earlier this year that she

CHICAGO (AP) — A U.S. appeals court issued a scathing, unequivocal ruling Thursday declaring that gay marriage bans in Wisconsin and Indiana were unconstitutional, on the same day that 32 states asked the Supreme Court to settle the issue once and for all. The U.S. 7th Circuit Court of Appeals in Chicago was the fourth to hear arguments on the issue. The decision from a normally slow and deliberative court was released a little more than a week after oral arguments. The unanimous, 40-page decision from a three-judge panel blasted the states' justifications for their bans, several times singling out the argument that only marriage between a man and a woman should be allowed because it's — simply — tradition. There are "bad traditions that are historical realities such as cannibalism, foot-binding, and suttee, and traditions that

RICHMOND, Va. (AP) — A federal appeals court has denied a request to delay its ruling striking down Virginia's same-sex marriage ban. A panel of the 4th U.S. Circuit Court of Appeals in Richmond on Wednesday denied the request by a county court clerk in northern Virginia to stay the decision while it is appealed to the Supreme Court. That means that without intervention from the U.S. Supreme Court, same-sex couples could begin marrying and have their out-of-state marriages recognized by next Wednesday. Late last month, the court ruled that Virginia's gay marriage ban approved by voters in 2006 is unconstitutional. Representatives for the defendants didn't immediately comment. (Courtesy of HuffPost.com)

Even though they scored a key victory in federal appellate court, attorneys for three Utah gay and lesbian couples said Thursday they plan to ask the U.S. Supreme Court to take Utah's appeal of a favorable gay marriage ruling. It is vital that justices weigh in about whether state same-sex marriage bans violate the Constitution to settle the matter for a nation that needs an answer, said Kate Kendell, executive director for the National Center for Lesbian Rights. The group is representing the couples alongside private attorneys in Utah. "Because we understand the tremendous importance of this issue, and that the ultimate question can only be finally resolved at the Supreme Court, we agree with attorneys for the state of Utah that the court should take the case and provide a final resolution," Kendell said. Utah filed its request this week for the justices to hear an appeal of a June ruling from the Denver-based 10th U.S. Circuit Court of Appeals, which found

RICHMOND, Va. (AP) - Virginia Attorney General Mark Herring said he will ask the Supreme Court to review a decision that struck down the state's ban on same-sex marriage, although he supports the lower court's decision. The Democrat has chosen not to defend the state's law, but has also asked for 4th U.S. Circuit Court of Appeals to stay its decision because he believes there could be unintended consequences. Herring's office said it planned to make its filing seeking a Supreme Court review on Friday. "I believe the district and appeals courts ruled correctly in striking down Virginia's discriminatory marriage ban, but it has long been clear that the Supreme Court will likely have the final word. I want that decision to come as soon as possible and I want the voices of Virginians to be heard," Herring said in a statement. On Monday, the plaintiffs in the case challenging Virginia's same-sex marriage ban said they wanted a federal appeals court to allow

CINCINNATI — The broadest attack yet on states' gay marriage bans will be Wednesday in a packed courtroom in downtown Cincinnati, where lawyers challenging four states' prohibitions will stand shoulder to shoulder in hopes of convincing a three-judge panel that the bans are unconstitutional. The states – Ohio, Kentucky, Michigan and Tennessee – have so far waged their battles separately, fighting to uphold the bans that voters years ago embraced. Each state faces slightly different challenges filed by same-sex couples, including the right to adopt children as a couple, to have their names placed on a partner's death certificate and to have their marriages – performed legally elsewhere – recognized in the states they call home, where same-sex marriage is illegal. Despite the variations in the attacks, make no mistake: The ultimate targets are the bans, and the real goal is the right to marry, adopt children and enjoy the same rights that opposite-sex couples have when they exchange vows. "Putting all of

[caption id="attachment_2043" align="aligncenter" width="1245"] Kim Hackford-Peer (L) marries her partner Ruth Hackford-Peer (R) as Ruth holds their son Casey, 7, at the Salt Lake County office building in Salt Lake City, Utah, Dec. 20, 2013. Jim Urquhart/Reuters[/caption] Though diametrically opposed on the merits of marriage equality, both challengers and defenders of laws standing in the way can usually come together on one point: their shared conviction that the matter will soon be decided by the nation’s highest court. And yet, despite a growing chain of judicial triumphs for gay and lesbian couples – each ruling now an almost routine, predictable event – there are still no sure things, and those betting on when or which case could go before the justices, as well as the outcome, may regret putting money down. True, no ban on same-sex nuptials has survived at the federal district level since the Supreme Court invalidated a key portion of the Defense of Marriage Act (DOMA) last year. That trend

Today U.S. District Judge Raymond P. Moore ruled against Colorado’s constitutional amendment banning marriage equality.  In Burns v. Hickenlooper, attorneys with Kilmer, Lane and Newman, LLP sued the state on behalf of six same-sex couples who argue that Colorado’s ban on marriage equality violates the U.S. Constitution. Judge Moore stayed his ruling until August 25 to allow the state time to appeal to the U.S. Court of Appeals for the Tenth Circuit, which has already struck down bans on marriage equality in Utah and Oklahoma. “Today’s ruling from Judge Moore provides even further confirmation that Colorado’s ban on marriage equality is unconstitutional,” said HRC Legal Director Sarah Warbelow.  “Through civil unions, Colorado has already recognized the need for same-sex couples to have equal access to the benefits and obligations of marriage. Now it's time for the state to stop its appeal and allow these families the dignity that comes with full marriage equality.” Last month clerks in Boulder, Denver, and Pueblo counties began issuing marriage

Today, July 17, a judge in state court struck down Florida’s ban on marriage for same-sex couples, marking the 25th consecutive ruling in favor of the freedom to marry (with no rulings against) since June 2013. Chief Circuit Judge Luis Garcia ordered the Monroe County Clerk to stop enforcing Florida's anti-marriage constitutional amendment, saying that marriage licenses should begin being issued in Monroe County on July 22. For now, the ruling only applies to Monroe County. The ruling does not require the state of Florida to respect the marriages of same-sex couples legally performed in other states. The ruling is in Huntsman v. Heavilin, a case brought in Monroe County court in April 2014 by private counsel from Restivo, Reilly & Vigil-Fariñas LLC on behalf of Aaron Huntsman and Lee Jones, a same-sex couple together for more than a decade in Key West, FL. The couple spoke with Freedom to Marry and Equality Florida earlier this month. Read their story HERE.  Judge Garcia writes in his

Several major gay rights groups withdrew support Tuesday for the Employment Non-Discrimination Act that would bolster gay and transgender rights in the workplace, saying they fear that broad religious exemptions included in the current bill might compel private companies to begin citing objections similar to those that prevailed in a U.S. Supreme Court case last week. The gay community is a key constituency and source of campaign donations for Democrats, and calls to rewrite the most significant gay rights legislation considered in recent years is a major setback for the White House, which had used passage of the legislation last fall as a way to draw a contrast with House Republicans, who have refused to vote on the measure. But the groups said they can no longer back ENDA as currently written in light of the Supreme Court’s decision last week to strike down a key part of President Obama’s health-care law. The court ruled that family-owned businesses do not have to offer

BISMARCK, N.D. (AP) — Seven couples filed a federal lawsuit Friday challenging the constitutional prohibition on same-sex marriage in North Dakota, making it the last state in the country with a ban to be sued by gay couples seeking the right to marry in their home state. The lawsuit, filed in U.S. District Court in Fargo, challenges both North Dakota's ban on gay marriage and its refusal to recognize the marriages of same-sex couples who legally wed in other states. That means cases are currently pending in all 31 states with gay marriage bans. Judges have overturned several of the bans since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year. A federal judge also struck down Wisconsin's ban on same-sex marriage on Friday, ruling it unconstitutional. North Dakota's attorney general's office said it had not yet seen the suit and thus could not comment on the specifics. "Ultimately, only the Supreme Court can determine whether North

With Federal Court Ruling, Wisconsin’s Marriage Ban Becomes the Latest to Fall [caption id="attachment_1823" align="aligncenter" width="534"] Plaintiffs in a federal lawsuit challenging Wisconsin's ban on gay marriage appear during a press conference at the Madison Concourse Hotel in Madison, Wis. in November, 2013.(Photo: Pool photo, AP)[/caption] Today U.S. District Judge Barbara Crabb ruled against Wisconsin’s constitutional amendment banning marriage equality, making Wisconsin the twelfth state to see such a ban struck down in federal court since the U.S. Supreme Court handed down its historic marriage rulings last June.  In Wolf v. Walker, the American Civil Liberties Union, ACLU of Wisconsin and the law firm of Mayer Brown LLP sued the state on behalf of four couples seeking to marry, arguing that the Wisconsin’s ban on marriage equality violates the couples’ due process and equal protection rights under the 14th Amendment to the U.S. Constitution.  Recently Wisconsin Governor Scott Walker began distancing himself from the state’s marriage ban, saying he didn't know if it violated

A draft of the Texas Republican Party's new platform embraces gay conversion therapy, arguing that it is a viable option for "patients who are seeking escape from the homosexual lifestyle." The Texas GOP convention kicks off Thursday, and one of the tasks of delegates is rewriting the party's platform. The current document, adopted in 2012, sharply condemns equality for lesbian, gay, bisexual and transgender individuals. There are multiple sections dealing with the issue, including language that reads: "We affirm that the practice of homosexuality tears at the fabric of society and contributes to the breakdown of the family unit. Homosexual behavior is contrary to the fundamental, unchanging truths that have been ordained by God, recognized by our country's founders, and shared by the majority of Texans." According to a draft of the new platform obtained by the San Antonio Express-News/Houston Chronicle, that language is gone. It still, however, contains a section criticizing homosexuality: Homosexuality must not be presented as an acceptable alternative lifestyle, in public policy, nor should family be

PORTLAND, Ore. — A federal judge on Monday struck down Oregon's voter-approved ban on gay marriage, saying it is unconstitutional. U.S. District Judge Michael McShane said the ban unconstitutionally discriminates against same-sex couples and ordered the state not to enforce it. State officials earlier refused to defend the constitutional ban in court. McShane joined judges in seven other states who have struck down gay marriage bans, though appeals are underway. Oregon state officials have said they'd be prepared to carry out same-sex marriages almost immediately, and couples lined up outside the county clerk's office in Portland in anticipation of McShane's decision. Laurie Brown and Julie Engbloom arrived early Monday at the Multnomah County Building to form the line for marriage licenses. The two have been a couple for 10 years. Engbloom proposed in April, when they celebrated their anniversary by climbing Smith Rock in Central Oregon. "We always knew we wanted to spend our whole life together," Brown said. "This opportunity has come, it feels

(CNN) -- Texas on Wednesday became the latest state to have a federal judge strike down its same-sex marriage ban, thanks to a sweeping decision holding that its current prohibition has no "legitimate governmental purpose." The ruling, by San Antonio-based Judge Orlando Garcia, will not take effect immediately: Its enforcement has been stayed while the case works its way through the appeal process, meaning same-sex couples in Texas cannot get married for the time being. Still, gay rights supporters and activists believe the judgment -- because of what it says, how it follows similar rulings in other states and where it happened, in one of the most conservative states in the country -- has special significance. Texas Democratic Party chairman Gilberto Hinojosa called Wednesday "a historic day for the LGBT community and the state of Texas," while the National Gay and Lesbian Task Force's head predicted the ruling "hastens the day when all loving couples who simply want the ability to share the benefits

LOUISVILLE, Ky. (AP) — A federal judge ruled Wednesday that Kentucky must recognize same-sex marriages performed in other states, part of an unprecedented barrage of marriage-equality lawsuits in states where voters have overwhelmingly opposed recognition of gay and lesbian couples. U.S. District Judge John G. Heyburn II struck down part of the gay-marriage ban that Kentuckians had approved in 2004, saying it treated gays and lesbians "in a way that demeans them.""Assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons," wrote Heyburn, an appointee of Republican President George H.W. Bush. His decision coincided with legal attacks Wednesday on gay-marriage bans in three other socially conservative states — Texas, Louisiana and Missouri — and was issued just a few weeks after federal judges in Utah and Oklahoma struck down the voter-approved bans in those states. According to the advocacy group Freedom to Marry, there are now 45

In states across the country, same-sex couples are fighting in state and federal courts to bring marriage equality to their homes and, eventually, the entire nation. By challenging state bans on same-sex marriage, these couples are taking a courageous stand to see these discriminatory laws eliminated. The map below illustrates the current marriage litigation landscape. While these marriage cases are in various stages, we want to provide you with a brief update on six marriage cases that have seen some important developments in the past couple of months and also let you know that you can visit hrc.org/marriage for ongoing updates on all of the marriage cases. Virginia Two challenges to Virginia’s ban on marriage for same-sex couples were filed in federal courts earlier this year. The first case – Bostic v. Rainey – the American Foundation for Equal Rights (AFER) and the legal team behind the Prop 8, Ted Olson and David Boies, are representing two same-sex couples who are challenging

Today U.S. District Judge Terence Kern ruled that Oklahoma’s ban on marriage equality is unconstitutional.  His ruling is stayed pending appeal, meaning marriages will not occur immediately in the Sooner State. HRC President Chad Griffin issued the following statement: “Judge Kern has come to the conclusion that so many have before him – that the fundamental equality of lesbian and gay couples is guaranteed by the United States Constitution.  With last year’s historic victories at the Supreme Court guiding the way, it is clear that we are on a path to full and equal citizenship for all lesbian, gay, bisexual and transgender Americans.  Equality is not just for the coasts anymore, and today’s news from Oklahoma shows that time has come for fairness and dignity to reach every American in all 50 states.” Two plaintiff couples, Mary Bishop and Sharon Baldwin and Gay Phillips and Susan Barton, filed their case, Bishop v. Oklahoma, in the U.S. District Court for the Northern District of Oklahoma in November 2004.