Victory Put on Hold, and More Holds Looming in Marriage Equality Struggle

The way to achieve marriage equality right away is to persuade a state legislature and governor or to secure a final order from the highest appellate court of a state holding that same-sex couples are entitled to marry. Last year we saw this scenario unfold in several states, including most spectacularly in Hawaii and Illinois and New Jersey and New Mexico.

The way to achieve marriage equality eventually, perhaps, is to win a ruling from … <Read More>

Judicial Attention Shifts Back to Marriage Recognition as Federal Judge Nixes Kentucky Ban

One of the first federal court decisions to apply the Supreme Court’s June 26 DOMA ruling to the question of state marriage recognition came quickly last July, when U.S. District Judge Timothy S. Black in Ohio ordered the state to recognize a Maryland same-sex marriage for purposes of a death certificate. That court order was followed up by a detailed opinion in December in Obergefell v. Wymyslo, 2013 WL 6726688 (S.D. Ohio, Dec. 23, 2013), … <Read More>