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Federal appeals courts set schedules in Idaho, Nevada and Texas marriage cases

Monday, June 2, 2014
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Two more federal appeals courts are set to consider recent rulings declaring same-sex marriage bans in Idaho and Texas as unconstitutional, and an appeal of Nevada’s ban, which was upheld in 2012.

The John Minor Wisdom U.S. Courthouse, home of the Fifth Circuit, New Orleans.

The John Minor Wisdom U.S. Courthouse, home of the Fifth Circuit, New Orleans.

Equality on Trial reports that the Fifth Circuit Court of Appeals has filed an order in De Leon v. Perry, setting the briefing schedule in that challenge to Texas’ same-sex marriage ban.

The opening brief in that case will be filed July 9, and the plaintiffs’ brief is due 30 days after that. The court has not yet set an argument date.

U.S. District Judge Orlando Garcia struck down the ban in February after two same-sex couples challenged a state constitutional amendment and a longstanding law, but stayed the decision pending appeal.

Late last month, the Ninth Circuit Court of Appeals ordered Sevcik v. Sandoval, a challenge to Nevada’s same-sex marriage ban, to be placed on their argument calendar.

The case will be argued some time in September, though the order doesn’t specify an exact date, EOT reports.

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The Nevada case has been on appeal in the Ninth Circuit since December 2012 after U.S. District Judge Robert C. Jones rejected the lawsuit brought by Lambda Legal on behalf of eight same-sex couples.

Jones ruled the state can limit marriage to opposite-sex couples. State officials initially defended the ban, but earlier this year withdrew their brief and said they would no longer defend it.

And in the Idaho challenge, Latta v. Otter, the Ninth Circuit has scheduled arguments in the appeal for the week of September 8.

A federal magistrate in Boise struck down Idaho’s same-sex marriage ban on May 13. The Ninth Circuit issued a stay in the ruling before the order was scheduled to take effect.

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