8th Circuit Rules on Pending State Marriage Equality Appeals

When the U.S. Supreme Court ruled on June 26 in Obergefell v. Hodges that same-sex couples have a right to marry under the 14th Amendment, it technically reversed a ruling by the 6th Circuit Court of Appeals, which had in November 2014 itself reversed rulings issued by federal district judges earlier in that year striking down state bans on same-sex marriage in each of the states in the circuit.  Thus, as a technical matter the <Read More>

Federal Judge Enjoins Nebraska Ban on Same-Sex Marriage; 8th Circuit Stays Pending Appeal

Finding that Nebraska’s constitutional amendment banning same-sex marriages violates the 14th Amendment’s Equal Protection Clause, Senior U.S. District Judge Joseph F. Bataillon granted a motion by seven same-sex couples to issue a preliminary injunction against its enforcement.  [The case is Waters v. Ricketts, 2015 WL 852603, 2015 U.S. Dist. LEXIS 25869 (D. Neb., March 2, 2015).] While denying the state’s request to stay his order pending appeal, Judge Bataillon agreed to delay his ruling … <Read More>