In each state, there has been some pushback against this past week’s Supreme Court ruling upholding same-sex couples’ marriage rights. [Update: The trial court in the Mississippi challenge already Wednesday night ordered the state to stop enforcing the ban.]
In a filing Tuesday, the Mississippi Attorney General’s Office asks a federal appeals court to allow its lawyers to stop representing Mississippi Gov. Phil Bryant. [Update: The 5th Circuit granted the request on Wednesday, and Bryant’s lawyer later acknowledged that the Supreme Court’s ruling means that Mississippi’s ban is no longer valid.]
Some probate judges in Alabama had started issuing marriage licenses to same-sex couples in the wake of this past week’s U.S. Supreme Court marriage equality ruling. [Update: Alabama Chief Justice Roy Moore backtracked later Monday, and U.S. District Court Judge Callie Granade weighed in Wednesday to assert that the federal court injunction is in place.]
The 5–4 decision means several abortion clinics will remain open while the high court considers whether to hear the case.
The case out of Arizona addresses whether states’ voters can give redistricting power to an independent commission — and away from the legislature.
Death-row inmates challenged Oklahoma’s use of the drug midazolam — at issue in several botched executions in 2014.
A case from 2013 will return to the high court this fall.
Current religious liberty protections could provide protections for local officials whose religious beliefs dictate opposition to the right of same-sex couples to marry, Texas Attorney General Ken Paxton says.
In Friday’s decision striking down bans on same-sex couples’ marriages, Kennedy summed up his legal legacy for gay people: “They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
After avoiding answering the question in 2013, Supreme Court ruled 5-4 Friday that states can no longer ban same-sex marriage. “It would misunderstand these men and women to say they disrespect the idea of marriage,” Justice Kennedy wrote in the majority opinion.
Anticipating a possible ruling in the same-sex marriage cases, Jim Obergefell has been joined by other plaintiffs — and lawyers — in the cases at the high court on Friday.
In a 6–3 decision authored by Chief Justice John Roberts, the court wrote Thursday that a “fair reading of legislation demands a fair understanding of the legislative plan.”
In a 5-4 decision, the court held that disparate impact claims are allowed because of the “results-oriented language” of the Fair Housing Act.
Obergefell has sued the state of Ohio, seeking a court order that officials recognize his marriage to John Arthur on Arthur’s death certificate.
LGBT advocates praised the long-awaited move to cover transition-related care — while noting that questions about implementation remain.
“[I]t does not belong on state or federal property, and it should not be flown in a place of honor as a part of any state flag,” the 29 LGBT groups say in a joint statement. A BuzzFeed News exclusive.
The cases involved excessive force claims and hotel guest information. Justice Anthony Kennedy joined the court’s more liberal justices in the two 5-4 decisions.
“[W]e can achieve marriage for same-sex couples nationwide in 15 to 25 years,” the leaders of the LGBT movement declared on June 21, 2005 — a decade ago to the day. The decision followed big losses in November 2004.
Courts may “be required” — at another time, in another case — to address “a solitary confinement regime that will bring [an inmate] to the edge of madness, perhaps to madness itself,” Justice Anthony Kennedy writes. A solitary confinement case could make its way to the Supreme Court this fall.