In the Courts: Marriage Litigation Continues Its Path to the Supremes

August 9, 2014

In the past year since the Supreme Court struck down the so-called Defense of Marriage Act (DOMA), we’ve witnessed 36 consecutive victories, and zero losses, for the freedom to marry. Twenty rulings have been issued in federal court, 13 in state court, and 3 by a federal appellate court.

With 78 cases pending in 32 states, it’s nearly impossible to keep up with the momentum we’re seeing state-by-state. In just the past month:

  • 4 Florida judges have ruled the state marriage ban unconstitutional;
  • the U.S. Circuit Court of Appeals for the 4th Circuit ruled in favor of the freedom to marry in Virginia, paving the way for marriage in North Carolina, South Carolina, and West Virginia;
  • defendants in two marriage cases in Virginia and Oklahoma announced they would seek review from the U.S. Supreme Court in federal appellate rulings in favor of the freedom to marry;
  • North Carolina Attorney General Roy Cooper announced he would stop defending marriage discrimination in his state;
  • a federal judge struck down Colorado’s ban on marriage for same-sex couples;
  • the 10th Circuit Court of Appeals in Denver ruled in favor of the freedom to marry, upholding a marriage ruling out of Oklahoma in January; and,
  • a federal judge ruled in favor of marriage equality in Kentucky.

On August 6th, marriage cases were heard at the 6th Circuit Court of Appeals, which covers Kentucky, Michigan, Ohio, and Tennessee. And later this month, the 7th Circuit Court will hear cases from Indiana and Wisconsin, with oral arguments to be heard at the 9th Circuit in September.

Marriage litigation is pending in every state without the freedom to marry.

And just this week, Utah filed a petition seeking U.S. Supreme Court review of their state’s marriage case. As the first petition to be filed seeking review in a marriage case by the Supreme Court, this could pave the way for a national resolution on marriage within the next year, if taken up by the Court.

We’re closer than ever to winning the freedom to marry nationwide. As we wait for that historic victory, the Federation is committed to working with state-based leaders and our national partners to continue building public support for marriage. It’s critical that we create a climate that allows the Supreme Court to rule on the right side of history.

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