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Four-way hearing on same-sex marriage

The U.S. Court of Appeals for the Sixth Circuit, set to review a same-sex marriage case from each of the four states in its geographic area, will consider all four of them before the same three-judge panel on August 6, the court said in orders issued Monday.  The Ohio order, the same as the others except for time allowed, is here.

Same-sex marriage cases are now in progress in five federal appeals courts, with hearings already held in the Fourth Circuit (a Virginia case) and the Tenth Circuit (cases from Oklahoma and Utah).  Decisions in any of those cases apparently could come any day, and one or both of them could reach the Supreme Court in a matter of months.

Cases are not so far along in the Fifth Circuit (a Texas case), the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee cases), and the Ninth Circuit (Idaho, Nevada, and Oregon cases and a leftover case from Hawaii, where same-sex marriage is now legal).

In the Sixth Circuit on Monday, each of the four cases was scheduled for a hearing at 1 p.m. August 6 — two of the cases for one hour each, and two for thirty minutes each.   The Sixth Circuit clerk’s office confirmed Tuesday that the same three-judge panel will hear all four, presumably one after the other.

Here are the Sixth Circuit cases:

Kentucky — a case involving recognition of same-sex marriages performed elsewhere, for couples living in the state.  A 2004 ban on recognition was struck down by a federal judge in Louisville on February 12.  (Argument fifteen minutes per side.)

Michigan — a case involving same-sex couples who wish to marry.  A 2004 ban was struck down by a federal judge in Detroit on March 21. (Argument thirty minutes per side.)

Ohio — two consolidated cases involving recognition of same-sex marriages performed elsewhere, for couples living in the state.  A 2004 ban was struck down by a federal judge in Cincinnati on April 14. (Argument thirty minutes per side.)

Tennessee — a case involving recognition of same-sex marriages performed elsewhere, for couples living in the state.  A 2006 ban was struck down by a federal judge in Nashville on March 14. (Argument fifteen minutes per side.)

 

Recommended Citation: Lyle Denniston, Four-way hearing on same-sex marriage, SCOTUSblog (Jun. 17, 2014, 11:49 AM), https://www.scotusblog.com/2014/06/four-way-hearing-on-same-sex-marriage/