Hot Cases to watch part 1
There are several cases that I am watching at present. Although these do not normally qualify as news for this section I want to list them so as to keep track of them and also because news is a little slow this month (first posted 8/3/09)
WISCONSIN Appling v. Doyle
- 8/19/09 The Wisconsin Supreme Court has a November 3, 2009 date set for oral arguments regarding the issue of whether the amendment defining marriage was properly presented to voters. ref
- 11/3/09 The case was heard today. A ruling is expected sometime Summer 2010. ref.
- 7/1/10 The Wisconsin Supreme Court ruled unanimously that the amendment was indeed presented to voters lawfully. ref done for now
- 8/3/09 In Wisconsin the domestic partnership law went into effect today. This is significant in that the Amendment states that marriage is the only union of this type recognized, and anything similar to this is not recognized ref.
- 11/5/09 The Wisconsin Supreme Court declined to hear the case related to the domestic partnership law in Appling v. Doyle. The case is now being appealed in Dane County circuit court. ref
- 8/19/10 ADF files suit in state (trial) court to stop a domestic partnership law. ADF ref
- 6/20/11 State judge rules that the domestic partnership law does not violate Wisconsin's marriage amendment that prohibits anything substantially similar to marriage. ADF said they will appeal. ADF ref
- 9/18/12 The Wisconsin State Supreme Court declined to hear the case until the appellate court has a chance to hear the case. ref
- 12/21/12 Wisconsin's 4th District Court of Appeals rules unanimously that the domestic partnership law does not violate the constitution. ref
- 1/22/13 ADF formally appeals to the Wisconsin Supreme Court. ref
- 6/12/13 The Wisconsin Supreme Court agrees to hear the Appling v. Doyle case. ref
- 10/23/13 Wisconsin Supreme Court hears Appling v. Doyle. ref
- 7/31/14 Wisconsin Supreme Court upholds lower court ruling. ref, pdf done for now
- 7/23/09 Massachusetts and two private groups have filed three separate lawsuits designed to force all states to recognize gay marriage ref.
- 8/24/09 The third lawsuit, Smelt vs. U.S., which sought to overturn DOMA, has just been tossed out. ref
- 7/9/10 The first and second lawsuits (Pederson v. U.S. Department of Health and Human Services and Gill et al. v. Office of Personnel Management) were ruled on yesterday (7/8/10). Massachusetts federal judge Joseph Tauro ruled that DOMA was unconstitutional based on "the equal protection principles embodied in the Due Process Clause of the Fifth Amendment." This will likely be reversed soon, but we'll see. ref, ref2
8/19/10 Joseph Tauro, the judge that ruled DOMA unconstitutional, issued a stay pending an appeal to the first circuit court of appeals ADF ref.
- 2/24/11 The case is now before the first circuit court of appeals, but the principle defendant, President Obama, in a move similar to both the governor and attorney general of California in the prop.8 amendment currently under appeal, is abandoning his duty to defend the law ADF ref.
- 3/09/11 The U.S. House announces they will take up the defense of DOMA now that President Obama has declined to do so. ref
- 4/25/11 King & Spalding LLC drops its legal representation before the First Circuit for the U.S. House for vague reasons soon after accepting the position of representing the House ref. That same day Paul Clement Leaves King & Spalding LLC and joins Bancroft PLLC ref.
- 4/4/12 Oral arguments are heard by a 3 judge panel before the First Circuit Court of Appeals with Paul Clement representing the House in defending DOMA ref.
- 5/31/12 The First Circuit rules the third part of DOMA is unconstitutional. This ruling is not in effect until the U.S. Supreme Court rules on this case. ref
- 6/29/12 The House officially appeals to the U.S. Supreme Court. ref
- 7/31/12 Connecticut federal judge Vanessa L. Bryant ruling on Pedersen et al v. Office of Personnel Management ruled that section 3 of DOMA is unconstitutional. ADF–ref
- 12/7/12 The U.S. Supreme Court agrees to consider DOMA and Prop.8 cases. The court states that they may decide that the defenders of either of these cases do not have standing to defend DOMA or Prop.8 and therefore the court will not rule on them. ref
- 3/27/13 Paul Clement on behalf of the U.S. House of Representatives argues before the U.S. Supreme Court to defend DOMA. ref
- 6/26/13 5–4 the U.S. Supreme Court rules that section 3 of DOMA is unconstitutional. ref done for now
- 7/31/09 In Washington there is a referendum to overturn domestic partnerships in that state. Currently the vote is rather close ref. If enough valid signatures are found then the people will get to vote on the issue November 3, 2009.
- 8/31/09 I wasn't kidding when I said the vote was close. I would not have been at all surprised to see the measure not get the votes needed, but it looks like all the needed votes are in and the measure will be on the ballot this November. ref
- 11/18/09 There were not enough votes to overturn the "everything but marriage" domestic partnerships. ref
- 2/13/12 Washington legislature votes to legalize marriage. Law to take effect 6/7/2012. ref
- 6/6/2012 Washington citizens turn in signatures to block same sex marriage law from taking effect until it is voted on by citizens this November. ref
- 11/6/2012 Washington voters decide not to stop the same sex marriage law. ref done for now
- 8/1/09 In Maine there is a more successful battle going on to overturn the recently enacted legalization of gay marriage that happened through the legislature. This is newsworthy in that a state is likely to turn from legalizing gay marriage to not legalizing gay marriage. If there are enough valid signatures the voters will get to decide November 2009 whether or not to overturn the Mayor's decision to legalize gay marriage. This was not posted because it has not happened yet.
- 9/2/09 The marriage law is now on the ballot for November 3, 2009. ref.
- 11/4/09 The citizens of Maine have voted to overturn gay marriage and it is no longer legal in that state. ref done for now
See Also: Hot Cases to watch part 2Last Updated:
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