A Collaboration with University of Pittsburgh   

© 

In the wake of US v. Windsor, federal courts across the US confronted the issue of whether individual state bans on same-sex marriage violated the US Constitution. A circuit split emerged after the US Court of Appeals for the Sixth Circuit upheld state bans on same-sex marriage, departing from the general trend of federal courts finding these bans unconstitutional. Taken as a whole, these post-Windsor challenges represent the latest stage of the legal battle for the recognition of same-sex marriages. While Windsor addressed the issue at the federal level, the recently granted petition for certiorari in Obergefell v. Hodges will see the US Supreme Court address the issue as it applies to the states. This Feature summarizes the development of legal recognition for same-sex marriage in federal and state courts, reviews the wave of post-Windsor cases challenging state same-sex marriage bans and provides an overview of Obergefell v. Hodges.

advertisement
Timeline

02/04/2015: Michigan announced it would not appeal same-sex marriage recognition ruling

02/04/2015: Eleventh Circuit suspended same-sex marriage appeals

01/20/2015: Federal judge placed North Dakota same-sex marriage case on hold

01/16/2015: Supreme Court granted ceritorari in same-sex marriage case

01/09/2015: Fifth Circuit heard arguments on same-sex marriage bans in Texas, Louisiana, Mississippi

01/03/2015: Idaho governor appealed to Supreme Court to reinstitute same-sex marriage ban

11/25/2014: Arkansas, Mississippi same-sex marriage bans struck down

11/19/2014: Federal judge struck down Montana same-sex marriage ban

 ...[more]

Support JURIST

We rely on our readers to keep JURIST running


 Donate now!
advertisement

© Copyright JURIST Legal News and Research Services, Inc., 2013.