Jackson v. Abercrombie

Jackson v. Abercrombie is a federal court challenge to Hawaii's ban on same-sex marriage, filed December 7, 2011, in U.S. District Court on behalf of a same-sex couple seeking the right to marry. Gov. Neil Abercrombie agreed with the plaintiffs that the ban violated the U.S. Constitution, but the state's Director of Health, Loretta Fuddy, was allowed to defend the ban. On August 8, 2012, U.S. District Court Judge Alan Kay rejected the plaintiffs' claims and upheld Hawaii's ban on same-sex marriage. The plaintiffs appealed Kay's ruling to the Ninth Circuit Court of Appeals. A year later, marriage equality legislation passed in the Hawaii state legislature and was signed into law by Abercrombie. Same-sex couples began marrying in Hawaii on December 2, 2013. Despite same-sex marriage now being legal in Hawaii, the plaintiffs have not withdrawn their suit, and have pressed their appeal seeking to have Kay's ruling overturned.