Fifth Circuit to hear same-sex marriage appeals from Louisiana, Texas

John Minor Wisdom U.S. Courthouse in New Orleans, home of the 5th Circuit Court of Appeals. Staff Reports

NEW ORLEANS, La. — The U.S. Court of Appeals for the Fifth Circuit on Thursday said it will hear the appeals of same-sex marriage rulings from Texas and Louisiana.

John Minor Wisdom U.S. Courthouse in New Orleans,   home of the 5th Circuit Court of Appeals.

John Minor Wisdom U.S. Courthouse in New Orleans, home of the 5th Circuit Court of Appeals.

Equality on Trial reports that the two cases will be heard on the same date and by the same panel, although the date for oral arguments has not yet been scheduled.

State officials in Louisiana filed the request this week and proposed a fast-tracked briefing schedule.

In that case, U.S. District Judge Martin Feldman upheld the state’s refusal to recognize same-sex marriages performed legally in other states. His Sept. 3 ruling was the first to uphold a state ban since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year.

The briefing schedule in the Louisiana case — Robicheaux v. George (combined with Forum for Equality Louisiana v. Barfield) — extends through mid-November.

In the Texas case, U.S. District Judge Orlando Garcia declared that state’s same-sex marriage ban unconstitutional. The February ruling has been on hold pending appeal.

The opening brief in the Texas case — DeLeon v. Perry — has already been filed and the state’s brief is due on October 10.

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