It’s been almost a year since the Supreme Court’s landmark ruling striking down the Defense of Marriage Act (DOMA) in Windsor v. United States, and in that short time, we have seen a promising surge in impact litigation to secure marriage for same-sex couples. In fact, since the Supreme Court’s ruling last summer, not one federal judge has ruled against the freedom to marry.

At the Equality Federation, we’re proud to be a member of the Respect for Marriage Coalition, a partnership of more than 100 organizations working together to end DOMA and grow support for the freedom to marry. We just received an update from the Coalition on the more than 60 lawsuits that are progressing around the country seeking to win the freedom to marry or recognition for same-sex couples’ marriages.

The progress we’re making in the courts is nothing short of historic. Just check out everything that’s going on (and thanks to the Respect for Marriage Coalition for tracking all of these developments):

Cases In Federal Appeals Court
In the 10th Circuit -- which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming -- we’re entering what may be the penultimate chapter in the campaign to win the freedom to marry nationwide.

• An Oklahoma case seeking the freedom to marry, Bishop v. Smith, had been pending for nearly 10 years when a federal judge ruled in January that the state’s anti-marriage laws were unconstitutional. On April 17, the United States Court of Appeals heard oral arguments in that case.
• Kitchen v. Herbert, a case out of Utah, also had oral arguments in the appeals court after a district court victory. This case, like the Oklahoma case, could have a far-reaching impact on the state of marriage in the country.

In the 6th Circuit, all four states currently have litigation pending.

• In Ohio, a judge ruled that the state must respect marriages between same-sex couples for the purpose of listing a surviving spouse on a death certificate (Oberguefell v. Himes). The case has been appealed to the 6th Circuit Court of Appeals, and briefing has begun.
• In Michigan (DeBoer v. Snyder), Kentucky (Bourke v. Beshear), and Tennessee (Tanco v. Haslam), cases are pending at the appellate level -- with briefings scheduled to begin in early May, and plaintiffs' replies due in June.

As cases progress, policymakers are making their positions known on this critical issue.

• In the 9th Circuit, in Nevada, the Attorney General and Governor have stopped defending the state's marriage ban. Oral arguments have not yet been set in Sevcik v. Sandoval, which seeks to overturn anti-marriage laws across the state.
• In the 4th Circuit, in Virginia, Attorney General Mark Herring filed a friend-of-the-court brief in Bostic v. Schaefer, the federal court challenge that brought down Virginia's constitutional amendment. Oral arguments will be heard by the 4th Circuit Court of Appeals in May.
• In the 5th Circuit, in Texas, State Senator Wendy Davis, who is running for Governor, called on the state’s Attorney General, who is also running for Governor, to stop defending the state’s ban on marriage for same-sex couples. DeLeon v. Perry, which received a ruling declaring that Texas laws banning same-sex couples from marrying are unconstitutional, has yet to receive a briefing schedule or time frame for oral arguments.

Cases in Lower Courts
In addition to this movement in Federal Appeals Court, nearly 30 other cases are also now being considered in federal court.

• In Oregon, in Geiger v. Kitzhaber, same-sex couples argued against anti-marriage laws on April 23, and no one, including the state’s Attorney General, was there to defend them. The National Organization for Marriage (NOM) has asked the judge to be able to defend the law.
• In Pennsylvania, two cases are pending. On May 28, oral arguments will be heard in Palladino v. Corbett, which seeks respect for a couple's out-of-state marriage. On June 9, a trial is scheduled in Whitewood v. Wolf, which seeks the freedom to marry and respect for out-of-state marriages.
• In Louisiana, on June 25, oral arguments are scheduled in federal challenge Robicheaux v. Caldwell.
• In Wisconsin, a judge has scheduled a trial on the freedom to marry for August 25 in Wolf v. Walker.

Federal lawsuits are also pending in Alabama, Arkansas, Arizona, Florida, Idaho, Indiana, North Carolina, Puerto Rico, South Carolina, and West Virginia.

In state court, more than 20 cases are pending, including state challenges in Alabama, Colorado, Florida, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Pennsylvania, South Carolina, Texas, and Wyoming.

Join the Coalition
As more and more cases continue making their way through the courts, it’s hard to keep up. State-based groups are invited to join the Respect for Marriage Coalition to stay updated on litigation efforts and connected to the work to grow support for the freedom to marry and end marriage discrimination for all.

If you would like to join the Respect for Marriage Coalition, send the following information to Kirsten Lance (Kirsten@freedomtomarry.org):

1. Organization name
2. Contact person’s name
3. Contact person’s title
4. Phone number
5. Email address