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Sixth Circuit Gearing up to Hear Same-Sex Marriage Appeals on August 6, 2014

Posted in News and Analysis, Recent Cases

Wednesday, August 6, 2014 will be a high-profile day at the Sixth Circuit as the Court will hear arguments in five appeals in the battle over same-sex marriages.  Below are the cases on the Court’s calendar:

DeBoer, et al. v. Snyder, et al., Case No. 14-1341:  An appeal from a March 21, 2014 order by Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan striking down Michigan’s ban on same-sex marriage as violating the Equal Protection Clause of the Fourteenth Amendment. 

Obergefell, et al. v. Himes, et al., Case No. 14-3057:  An appeal from a December 23, 2013 order by Judge Timothy S. Black of the U.S. District Court for the Southern District of Ohio requiring Ohio to recognize same-sex marriages on death certificates issued by the state.

Henry, et al. v. Himes, Case No. 14-3464:  An appeal from an April 14, 2014 order by Judge Black requiring Ohio to recognize valid same-sex marriages lawfully performed in states that authorize such marriages.

Bourke, et al. v. Beshear, et al., Case No. 14-5291:  An appeal from a February 12, 2014 order by Judge John G. Heyburn II of the U.S. District Court for the Western District of Kentucky ruling that Kentucky law denying recognition for valid same-sex marriages violates the Equal Protection Clause of the Fourteenth Amendment and requiring Kentucky to recognize same-sex marriages performed in other states.

Tanco, et al. v. Haslam, et al., Case No. 14-5297:  An appeal from a March 14, 2014 order by Judge Aleta A. Trauger of the U.S. District Court for the Middle District of Tennessee requiring Tennessee to recognize the marriages of three same-sex couples who were validly married outside the state.

Earlier this morning, the Sixth Circuit announced that the three-judge panel hearing these appeals will be Judges Daughtrey, Sutton, and Cook. 

A fully capacity crowd is expected at Potter Stewart Courthouse in Cincinnati on August 6, and thus the Sixth Circuit has issued a notice to the public and the media concerning the oral arguments.  The Court is designating two overflow courtrooms in which spectators will be able to hear live audio streaming of the oral arguments.

The Sixth Circuit stage is set, and we’ll be providing continuing coverage of these important appeals.