In states across the country, same-sex couples are filing lawsuits seeking the freedom to marry. Freedom to Marry’s national strategy has always been to win a final victory at the U.S. Supreme Court. While we work to create the climate for the Court to rule in favor of marriage, here is a comprehensive look at marriage litigation underway in the states:
| NUMBER OF CASES: | RULINGS SINCE WINDSOR: | SEEKING SCOTUS REVIEW: |
| 79 CASES IN 32 STATES | 39 WINS | 3 CASES |
KEY UPCOMING DATES:
| 9/8 Oral Arguments at the 9th Circuit (ID & NV) | 10/10 Oral Arguments in Hamby v. Parnell (AK) |
MARRIAGE CASES AT THE FEDERAL APPELLATE LEVEL
- 10TH CIRCUIT COURT
Marriage at the 10th Circuit Court of Appeals
The United States Court of Appeals for the 10th Circuit covers 6 states: Colorado, Kansas, New Mexico, Oklahoma, Utah & Wyoming.Read More >
- 11TH CIRCUIT COURT
Marriage at the 11th Circuit Court of Appeals
The United States Court of Appeals for the 11th Circuit covers three states: Alabama, Florida, and Georgia. Read More >
- 4TH CIRCUIT COURT
Marriage at the 4th Circuit Court of Appeals
The United States Court of Appeals for the 4th Circuit covers five states: Maryland, North Carolina, South Carolina, Virginia, & West Virginia.Read More >
- 5TH CIRCUIT COURT
Marriage at the 5th Circuit Court of Appeals
The United States Court of Appeals for the 5th Circuit covers three states: Louisiana, Mississippi, and Texas. Read More >
- 6TH CIRCUIT COURT
Marriage at the 6th Circuit Court of Appeals
The United States Court of Appeals for the 6th Circuit covers 4 states: Kentucky, Michigan, Ohio, and Tennessee. Read More >
- 7TH CIRCUIT COURT
Marriage at the 7th Circuit Court of Appeals
The United States Court of Appeals for the 7th Circuit covers three states: Illinois, Indiana, and Wisconsin. Read More >
- 9TH CIRCUIT COURT
Marriage at the 9th Circuit Court of Appeals
The United States Court of Appeals for the 9th Circuit covers nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Read More >
MARRIAGE CASES WITH RULINGS IN STATE COURT
- ARKANSAS
Litigation in Arkansas
BIG WIN! On 5/9, a circuit judge struck down the state’s ban on same-sex couples from marrying! A separate federal case has also been filed. Read More >
- COLORADO
Litigation in Colorado
Two separate RULINGS have been issued striking down anti-marriage laws in Colorado Read More >
- FLORIDA
Litigation in Florida
Five rulings from Florida judges have found the state’s law banning same-sex couples from marriage unconstitutional! Read More >
ALL STATES WITH PENDING MARRIAGE LITIGATION
- ALABAMA
Litigation in Alabama
Four lawsuits have been filed on behalf of same-sex couples seeking respect for marriages legally performed in other states.Read More >
- ALASKA
Litigation in Alaska
Private lawyers have filed a federal lawsuit in Alaska seeking the freedom to marry and respect for out-of-state marriages.Read More >
- ARIZONA
Litigation in Arizona
Two federal lawsuits are currently pending in Arizona seeking the freedom to marry for same-sex couples or respect for out-of-state marriages. Read More >
- ARKANSAS
Litigation in Arkansas
BIG WIN! On 5/9, a circuit judge struck down the state’s ban on same-sex couples from marrying! A separate federal case has also been filed. Read More >
- COLORADO
Litigation in Colorado
Two separate RULINGS have been issued striking down anti-marriage laws in Colorado Read More >
- FLORIDA
Litigation in Florida
Five rulings from Florida judges have found the state’s law banning same-sex couples from marriage unconstitutional! Read More >
- GEORGIA
Litigation in Georgia
Lambda Legal has filed a federal lawsuit seeking the freedom to marry in Georgia and respect for marriages legally performed elsewhere. Read More >
- IDAHO
Litigation in Idaho
A RULING from a federal judge struck down anti-marriage laws in Idaho! Read More >
- INDIANA
Litigation in Indiana
A RULING has been issued striking down anti-marriage laws in Indiana!Read More >
- KANSAS
Litigation in Kansas
Private lawyers have filed a lawsuit in state court on behalf of two same-sex couples in Kansas seeking respect for their out-of-state marriage for the purpose of filing taxes jointly. Read More >
- KENTUCKY
Litigation in Kentucky
A RULING in a federal lawsuit has struck down Kentucky’s anti-marriage ban. Read More >
- LOUISIANA
Litigation in Louisiana
Two federal lawsuits and one state lawsuit on behalf of same-sex couple seeking legal respect for their out-of-state marriages are pending in Louisiana. Read More >
- MICHIGAN
Litigation in Michigan
On March 21, a judge ruled in favor of the freedom to marry in Michigan! The ruling is being appealed to the 6th Circuit Court of Appeals, and a separate suit seeks respect for 300 marriage licenses issued by the state. Read More >
- MISSISSIPPI
Litigation in Mississippi
Private lawyers have filed a lawsuit in state court on behalf of couples seeking recognition of their marriage in Mississippi. Read More >
- MISSOURI
Litigation in Missouri
The ACLU has filed a state lawsuit on behalf of 8 same-sex couples seeking respect for their legal marriages in Missouri. Read More >
- MONTANA
Litigation in Montana
The ACLU has filed a federal lawsuit in Montana seeking the freedom to marry and respect for out-of-state marriages. Read More >
- NEBRASKA
Litigation in Nebraska
Private lawyers have filed a lawsuit in state court on behalf of a couple seeking recognition for their marriage in Nebraska. Read More >
- NEVADA
Litigation in Nevada
The Lambda Legal Defense and Education Fund filed a federal lawsuit seeking the freedom to marry for 8 same-sex couples in Nevada. Read More >
- NORTH CAROLINA
Litigation in North Carolina
Three federal lawsuits lawsuits seeking the freedom to marry for same-sex couples are currently pending in North Carolina.Read More >
- NORTH DAKOTA
Litigation in North Dakota
Private counsel and Lambda Legal have filed federal lawsuits in ND seeking the freedom to marry and respect for out-of-state marriages.Read More >
- OHIO
Litigation in Ohio
Two RULINGS in federal lawsuits have declared that Ohio must respect out-of-state marriages. A separate lawsuit has been filed in state court seeking the freedom to marry. Read More >
- OKLAHOMA
Litigation in Oklahoma
A RULING in a federal lawsuit, affirmed by the 10th Circuit Court of Appeals, declared OK’s marriage ban unconstitutional! Defendants will seek review from the U.S. Supreme Court. Read More >
- PUERTO RICO
Litigation in Puerto Rico
A federal lawsuit filed in Puerto Rico seeks respect for a same-sex couple’s marriage license where they live. Read More >
- SOUTH CAROLINA
Litigation in South Carolina
Private lawyers have filed a federal lawsuit on behalf of a same-sex couple seeking the freedom to marry in SC. Read More >
- SOUTH DAKOTA
Litigation in South Dakota
Private counsel has filed a federal lawsuit in South Dakota seeking the freedom to marry and respect for out-of-state marriages.Read More >
- TENNESSEE
Litigation in Tennessee
A federal judge has ruled in favor of respecting the marriages of three Tennessee couples. A separate judge has upheld the marriage ban.Read More >
- TEXAS
Litigation in Texas
A RULING in a federal lawsuit declared that anti-marriage laws in Texas are unconstitutional. Other cases are also currently pending, including 2 marriage cases and 2 divorce cases. Read More >
- UTAH
Litigation in Utah
A challenge to Utah’s ban on same-sex couples marrying will now be heard by the 10th District Court of Appeals. Another seeks recognition for 1,000+ married couples.Read More >
- VIRGINIA
Litigation in Virginia
A RULING in a federal lawsuit, affirmed by the 4th Circuit Court of Appeals, declared VA’s marriage ban unconstitutional! Defendants will seek review from the U.S. Supreme Court. Read More >
- WEST VIRGINIA
Litigation in West Virginia
Lambda Legal and Fairness West Virginia have filed a federal lawsuit on behalf of couples seeking the freedom to marry in WV.Read More >
- WISCONSIN
Litigation in Wisconsin
A RULING in a federal lawsuit declared that WI’s ban on marriage for same-sex couples is unconstitutional! Read More >
- WYOMING
Litigation in Wyoming
The NCLR has filed a state lawsuit on behalf of 4 same-sex couples and Wyoming Equality seeking marriage or respect for out-of-state marriages in Wyoming.Read More >
STATES WITH COMPLETED MARRIAGE LITIGATION
- HAWAII
Litigation in Hawaii
VICTORY: In November 2013, the Hawaii legislature passed a bill extending the freedom to marry to same-sex couples in the state.Read More >
- ILLINOIS
Litigation in Illinois
VICTORY: In February 2014, a federal judge struck down laws prohibiting same-sex couples from marrying, saying they should not have to wait until June, when the marriage law was scheduled to take effect. Read More >
- NEW JERSEY
Litigation in New Jersey
VICTORY: In October 2013, Lambda Legal’s state lawsuit in the New Jersey Superior Court found that civil union is a lesser and unequal family status from marriage.Read More >
- NEW MEXICO
Litigation in New Mexico
VICTORY: On December 19, 2013, the New Mexico Supreme Court affirmed that the New Mexico state constitution requires that same-sex couples are granted the freedom to marry. Read More >
- OREGON
Litigation in Oregon
VICTORY: On May 19, same-sex couples in Oregon won the freedom to marry! Read More >
- PENNSYLVANIA
Litigation in Pennsylvania
VICTORY: On May 20, a federal judge struck down Pennsylvania’s ban on marriage for same-sex couples. Read More >
Source: Freedom to Marry, “Marriage Litigation”
