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What is new on the Gay Marriage front?

AstareGod said:
South Carolina could theoretically ask SCOTUS for a stay, since the 4th circuit denied it (actually SC has asked SCOTUS for a postponement). However, if recent history is anything to go by, SCOTUS will most likely deny the request for stay, and marriage equality will take effect at noon Eastern Time.
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SC already has a SCOTUS stay pending.

Tweet from Chris Geidner/BuzzFeed

"6p, & still no word from #SCOTUS on SC's marriage case stay request. http://bzfd.it/1vqL2pa … Dist ct stay ends at noon Thursday."
 
palbert said:
SC already has a SCOTUS stay pending.

Tweet from Chris Geidner/BuzzFeed

"6p, & still no word from #SCOTUS on SC's marriage case stay request. http://bzfd.it/1vqL2pa … Dist ct stay ends at noon Thursday."
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Ok ... like ... so ... if they let SC and MT go ahead, only to invalidate them later, that's a level of bizarre I can't comprehend.
 
Is it significant that Roberts (and especially Alito) were part of the 7 no's?
 
The LOUISIANA plaintiffs lost in the district court and appealed to the Fifth Circuit; oral argument was scheduled for January 9, 2015.

They have now filed a SCOTUS petition for writ of certiorari before judgement, on the theory that they should be heard with the 6th Circuit appeals. http://www.scribd.com/doc/247345418/Louisiana-SCOTUS-Petition :

Wonder if TX, also to be argued 1/9/2015, will join the party.
 
I still think at the end of the day, the vote to strike the bans down will be 5-4.
 
Alnitak said:
Yeah I'm not holding my breath that any of the four has changed his mind.
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Me either, I just think they realize there is no point in dragging out these stays anymore.
 
Wikipedia's map of Kansas counties issuing licenses. Blue counties are issuing, pink ones are not, with ambiguous information in gray counties.

500px-Kansas-SSM-License-by-County.png


The ACLU is currently working on legal motions to force the state and the rest of the counties to comply with Judge Crabtree's order.

Visit Kansas Equality on Facebook for more information:

https://www.facebook.com/EqualityKansas/posts/972027866144257
 
At least MI isn't dragging their feet on this.
 
Never thought I'd see the day.

Mississippi same-sex marriage ban struck down

A federal judge has struck down Mississippi’s same-sex marriage ban. The ruling is stayed for two weeks.

From the opinion:

The court concludes that Mississippi’s same-sex marriage ban deprives same-sex couples and their children of equal dignity under the law. Gay and lesbian citizens cannot be subjected to such second-class citizenship. Mississippi’s same-sex marriage ban violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

The decision is a preliminary injunction issued while the case proceeds. It seems likely the state will appeal to the Fifth Circuit Court of Appeals. The state can seek a more permanent stay from the appeals court.
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Arkansas's ban was also struck down in federal court today

Arkansas same-sex marriage ban struck down

The Associated Press is reporting that a federal judge has struck down Arkansas’ ban on same-sex marriage:

A federal judge struck down Arkansas’ gay marriage ban on Tuesday, which could pave the way for county clerks to resume issuing licenses.

U.S. District Judge Kristine Baker ruled in favor of two same-sex couples who had challenged a 2004 constitutional amendment and earlier state law defining marriage as between a man and a woman, arguing that the ban violated the U.S. Constitution and discriminated based on sexual orientation.

But Baker put her ruling on hold, and the state is expected to appeal it to the 8th U.S. Circuit Court of Appeals, based in St. Louis.

Baker wrote in her ruling that the state’s marriage laws violate the U.S. Constitution by “precluding same-sex couples from exercising their fundamental right to marry in Arkansas, by not recognizing valid same-sex marriages from other states, and by discriminating on the basis of gender.”

Arkansas Attorney General Dustin McDaniel could not immediately be reached.
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T-Rexx said:
Stayed.

And stayed.
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Yep, that's what the quoted articles mentioned. Mississippi's is a temporary stay (14 days) while Arkansas's appears indefinite. Gov and AG of Mississippi have said they will appeal to the 5th Circuit Court of Appeals and I predict the 5th will place an indefinite stay on the ruling, so MS may not get to see marriage equality very soon.

SCOTUS didn't issue any orders concerning the Michigan case today, though according to SCOTUSblog, "At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference.". It's likely the case wasn't even on their list of things to consider at today's conference. The next conference is scheduled for Friday, 5 December.
 
T-Rexx said:
Stayed.





And stayed.
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Alas, the problem is neither of those circuits have weighed in.
I hope they won't have to. We already know that neither circuit will rule in our favor, and since we have the split, there is no need for them to weigh in.
 
-The 11th Circuit has denied the request to extend the stay for the Florida ruling. Barring Supreme Court intervention, marriages will begin on January 5th

-SCOTUSblog is reporting that Deboer v Snyder has been scheduled for the January 9th conference, although this has not been posted on the SCOTUS official site.
 
The ruling against Mississippi's ban has been stayed by the 5th Circuit Court of Appeals. They've agreed to an expedited schedule, which probably means they will lump Mississippi's appeal together with Texas's and Louisiana's in January.

scream4ever said:
-The 11th Circuit has denied the request to extend the stay for the Florida ruling. Barring Supreme Court intervention, marriages will begin on January 5th

-SCOTUSblog is reporting that Deboer v Snyder has been scheduled for the January 9th conference, although this has not been posted on the SCOTUS official site.
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From what I've read, Florida (specifically the Attorney General) will request or has requested a stay from SCOTUS. I believe Justice Thomas is responsible for decisions of the 11th Circuit, and from past stay denials, Thomas would likely grant a stay on his own if he chooses to not refer the request for stay to the entire Court. However, if Thomas himself grants a stay, I believe the plaintiffs in the Florida case can ask the entire Supreme Court to override Thomas's solo decision should he make one. One way or the other, I think Florida will have marriage equality come January, as SCOTUS will most likely not grant a stay.

SCOTUS indeed has the Michigan case up for conference in January. From what I've been hearing, the Michigan case is the most ideal one for SCOTUS to take up. I have a feeling we'll have a definitive ruling by June.
 
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