By John Mack Freeman
And now, for our weekly article where we summarize the progress that has been made in the ongoing fight for full marriage equality in the United States. This week, we had good news from a variety of sources, so let’s dive in:
The Supreme Court of the United States has agreed to hear arguments challenging the Sixth Circuit Court of Appeals upholding of gay marriage bans in Ohio, Michigan, Kentucky, and Tennessee. The Court specifically requested respondents to address two items during their briefs and oral arguments:
1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?
Briefs must be filed by February 27th with oral arguments likely to be held in April and a decision projected for late June (potentially during ALA Annual in San Francisco). The government has said that they will argue for the bans to be struck down.
South Dakota had its state ban on same sex marriage struck down this week. US District Judge Karen Schreier found that the ban violated the Due Process and Equal Protection clauses of the US Constitution.
Kentucky had the first same-sex divorce in that state approved by a judge.
A federal court in Michigan found that the state must recognize 300 same sex marriages that took place during a brief window when same sex marriage was allowed in that state.
