Marriage cases seeking Supreme Court review

As victories for the freedom to marry multiply in states across the country, it's clearer than ever that it's time for the U.S. Supreme Court to bring the country to national resolution on marriage. So far, parties in 5 marriage cases have filed requests seeking SCOTUS review - and the Court could agree to hear one or more this year. The Court has its first chance to take a case at its September 29 conference. For information on all marriage litigation, click here. For amici briefs filed in support of certiorari, click here.

Herbert v. Kitchen

10th Circuit Victory 6/26 • District Court Victory 12/20

Utah Attorney General Sean Reyes has filed a Writ of Certiorari with the U.S. Supreme Court in this case that has found Utah's anti-marriage laws unconstitutional at the federal district court and federal appellate level.

The plaintiffs in the case have also voiced their intention to file a writ of certiorari with the Court, saying that the issue must be resolved as quickly as possible. 

Smith v. Bishop

10th Circuit Victory 7/26 • District Court Victory 1/14

Oklahoma County Clerk Sally Howe Smith, supported by the state of Oklahoma and the so-called Alliance Defending Freedom, has filed a Writ of Certiorari with the U.S. Supreme Court in this case that has found Oklahoma's anti-marriage laws unconstitutional at the federal district court and federal appellate level. 

Key Documents:

Schaefer v. Bostic

4th Circuit Victory 7/28 • District Court Victory 2/13

County Clerk Michéle B. McQuigg, County Clerk Schaefer, and Virginia Attorney General Mark Herring have filed writs of certiorari with the U.S. Supreme Court in this case that has found Virginia's anti-marriage laws unconstitutional at the federal district court and federal appellate levels. AG Herring is not defending marriage discrimination, but rather seeking review from SCOTUS so the question is resolved as soon as possible. The County Clerks seek to defend the marriage ban.

KEY DOCUMENTS:

Walker v. Wolf

7th Circuit Victory 9/4 • District Court Victory 6/6

The Wisconsin Attorney General, J.B. Van Hollen, supported by the state of Wisconsin, has filed a Writ of Certiorari with the U.S. Supreme Court in this case that has found Wisconsin's anti-marriage laws unconstitutional at the federal district court and federal appellate level. 

Key Documents:

Bogan v. Baskin

7th Circuit Victory 9/4 • District Court Victory 6/26

Indiana Attorney General Greg Zoeller, supported by the state of Indiana, has filed a Writ of Certiorari with the U.S. Supreme Court in this case that has found Indiana's anti-marriage laws unconstitutional at the federal district court and federal appellate level. 

Key Documents:

(Updated 9/10/14)