NEW ORLEANS (AP) — Bans on gay marriage in three staunchly conservative Southern states were to get a hearing in a federal appeals court Friday — the latest legal battle over an issue expected to be settled by the nation’s highest court.
A three-judge panel of the 5th U.S. Circuit Court of Appeals was scheduled to hear arguments from state attorneys from Texas, Louisiana and Mississippi — all of which passed bans on same-sex marriages — and from the lawyers arguing against the bans.
The cases represent what could be among the last argued in federal court before the U.S. Supreme Court takes up the issue. The high court on Friday was eyeing the possibility of putting gay marriage on its calendar for this term.
Gay marriage is now legal in 36 states and Washington, D.C., as bans on gay and lesbian marriages have been struck down across the nation.
The appellate court in New Orleans took the highly unusual step of consolidating appeals from the three Southern states into one session, which is expected to last about three hours Friday.
Federal district judges in two of the states struck down gay-marriage bans. In Louisiana last September, however, U.S. District Judge Martin Feldman bucked the trend, marking a rare loss for same-sex marriage supporters after more than 20 consecutive rulings overturning bans in other states. His ruling was the first to uphold a state ban after the U.S. Supreme Court struck down part of the federal Defense of Marriage Act in 2013.
“Feldman’s opinion most clearly state’s the opposing view,” said Kenneth Upton, a lawyer for Lambda Legal, a national gay-rights legal organization that will argue on behalf of seven Louisiana gay couples. “In that sense, he’s significant; his decision summarizes the arguments against us.”
Texas voters approved a 2005 state constitutional amendment banning gay marriage, but that amendment was declared unconstitutional last February by U.S. District Judge Orlando Garcia. He allowed the ban to remain in effect pending appeals.
In Mississippi in November, U.S. District Judge Carlton Reeves overturned the state’s definition of marriage as only between a man and a woman. Two lesbian couples and a gay-rights group, Campaign for Southern Equality, sued Mississippi over its anti-gay marriage law and constitutional amendment.
The arguments in the appellate court in New Orleans come on the heels of another defeat in federal court for gay-marriage supporters: In November, the 6th U.S. Circuit Court of Appeals in Cincinnati upheld anti-gay-marriage laws in Kentucky, Michigan, Ohio and Tennessee.
Conversely, four other appeals courts — in Chicago, Denver, San Francisco and Richmond, Virginia — have ruled in favor of gay and lesbian couples.
With a split among the appellate courts, intervention by the Supreme Court to settle gay marriage constitutionality has become very likely.
Between the appellate rulings and the Supreme Court’s decision in October to turn away state appeals, the number of states allowing same-sex couples to marry has risen to 36.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
It’s going to happen whether you dig in your heels or not, Republicans.
Conservatives’ overweening desire to give their bigotry and hate the force of law will never stop, even after the Supremes rule on the issue—a ruling that is very likely to overturn the remaining unconstitutional anti-equality laws.
This will play out like the abortion issue has done.
Conservatives will try anything to thwart marriage equality, because their warped ideology requires a convenient domestic enemy—gay people, women who seek abortions, minorities who seek fair treatment, et al----to keep the conservative base from realizing that its so-called leaders are using the base to gain power while stripping the base of any economic gains or real power.
Oh you Rightie GOPig Cons! You seem unwilling, or perhaps unable, to comprehend the fact that someone else gaining equal rights does not infringe on your rights or take rights away from you. It does, however, make it illegal for loathsome, depraved and hate mongering people like you to enforce your prejudice and hate. Now wasn’t that easy to understand?
You’re welcome!
Chris Geidner @chrisgeidner
Judges Higginbotham & Graves are very skeptical of LA’s arguments in defense of the state’s same-sex marriage ban, likely to be struck down.
Higginbotham, after Smith cited Heller for saying “imperfect fit” is allowed, responded that imperfect fit may be OK, but “no fit” is not.
[Buzzfeed reporter who is sort of their SSM expert]