Three of the more liberal justices would have heard Lester Leroy Bower’s appeal: “[T]he error here is glaring, and its consequence may well be death.”
While state officials have announced who will be presenting the defense of same-sex marriage bans to the justices, lawyers for the plaintiffs have proposed splitting the arguments among the four legal teams. The marriage equality side also has not named who will be arguing on April 28.
“There is no adequate justification for such a discriminatory and injurious exercise of state power,” the Obama administration urges the Supreme Court. More than 200 congressional Democrats also weigh in to support marriage equality.
The majority of the justices expressed concern with the consequences of the argument that subsidies under Obamacare are not available under the federal exchange.
The attorney general promotes Ben Mizer to Acting Assistant Attorney General for the Civil Division. A high-profile role for an out gay appointee.
For the second time, Ken Mehlman is leading a Supreme Court brief in support of marriage equality. The signatories include a number of officials from Romney’s 2012 campaign.
Justices Antonin Scalia and Clarence Thomas would have granted the stay denied by the Supreme Court on Monday morning. [Update: Multiple counties are issuing marriage licenses to same-sex couples and Alabama Gov. Robert Bentley will not take any action to stop them from doing so.]
A federal appeals court refused to issue a stay in the Alabama same-sex marriage cases, meaning couples should be able to marry there Feb. 9. [Update: Alabama’s attorney general is asking the Supreme Court to intervene.]
The move comes a week after a majority of the court voted to allow an execution in the state to proceed.
“I’ve seen something like gay marriage go from a wedge issue used to drive us apart to a story of freedom across our country, a civil right now legal in states that 7 in 10 Americans call home,” the president said.
A decision in the Kentucky, Michigan, Ohio, and Tennessee cases, expected by late June, could lead to the end of such bans across the country. [Update: The Obama administration will “urge the Supreme Court to make marriage equality a reality for all Americans.”]
A three-judge panel struggled Wednesday with a law the court saw as having troubling provisions — and a lower court’s order stopping enforcement of those provisions that the appeals court saw as being too broad.
“The [Tennessee case plaintiffs’] petition will be considered at the Court’s January 9 conference, along with … petitions filed by the plaintiffs in Michigan, Ohio, Kentucky, and Louisiana,” an advocate tells BuzzFeed News.
A late Friday order from the Supreme Court means same-sex couples are expected to be able to marry beginning Jan. 6.
The schizophrenic man was scheduled to be executed Wednesday for killing his wife’s parents. [Update: A federal appeals court has issued a stay of execution, which the state is not going to appeal immediately, meaning the execution will not go forward at this time.]
Two states are now on board seeking review from the justices, as same-sex couples wait to see what the court does with the cases.
The 81-year-old justice was asking questions in oral arguments on Monday, five days after having heart surgery.
“Given the importance of the issue … Michigan does not oppose review by” the Supreme Court. State asks justices to uphold constitutionality of Michigan’s ban on same-sex couples’ marriages.
“[I]t is as if the marriages never existed,” Michigan Attorney General Bill Schuette argues.
Justices Antonin Scalia and Clarence Thomas would have stopped them.
“We were married, not married, married, not married,” Sophy Jesty says of her fight to force Tennessee to recognize her marriage to Val Tanco. “Right now, our family remains legally divided.”
Update: Couples from the Kentucky, Michigan, Ohio, and Tennessee marriage cases all will be seeking Supreme Court review. BuzzFeed News talks with the lawyers for the same-sex couples in all four states’ cases.
The decision prompts a strong rebuke from Justice Ruth Bader Ginsburg.
A temporary hold on the marriages that a federal appeals court granted on Wednesday expires on Friday. [Update: Supreme Court denies Alaska’s stay request, bringing marriage equality to the state.]
The status of same-sex couples’ marriage rights is changing daily. BuzzFeed News will be updating this map as changes warrant to give everyone an up-to-the-minute view of what the latest marriage news means. [Updated as of Feb. 9.]
Update: Following a morning order stopping same-sex couples from marrying in Idaho and Nevada, a second order from the justice only puts the Idaho ruling on hold.
With Monday’s nondecision decision, marriage equality is moving forward. What’s more, Justice Anthony Kennedy, as both the court’s key vote and guiding force on gay rights, created the path to end same-sex marriage bans nationwide.
The decision not to decide brings marriage equality to Indiana, Oklahoma, Virginia, Wisconsin, and Utah — with more to come. [Update: Colorado attorney general says today’s decision means marriage equality will come to that state in short order as well.]
The justices will be considering seven different petitions to hear marriage appeals at their first conference of the year.