Comprehensive Look at Marriage Litigation Underway in the States

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”

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