There are currently 12 active lawsuits in 6 states challenging the definition of marriage as a union between a man and a woman. Only one of these cases is in federal court, Bishop v. Oklahoma, a suit challenging both the Oklahoma marriage amendment and the federal DOMA.
CALIFORNIA:
Marriage Cases Coordinated
Six cases have been titled the"Marriage Cases" and are part of a coordinated proceeding in San Francisco Superior Court. All of these cases are seeking a determination as to the constitutionality of California's marriage statutes. Two cases, Thomasson and Proposition 22 Legal Defense & Education Fund, seek a declaration that the definition of marriage as a union between a man and a woman is constitutional. The remaining four cases seek to have that definition declared in violation of the California constitution.
Status: The trial court declared California's definition of marriage as a union between a man and a woman unconstitutional. On October 5, 2006, the Court of Appeal reversed the trial court, holding that there is no fundamental right to same-sex "marriage," that there are rational grounds for retaining in the law the common understanding of marriage as the union of one man and one woman, and that any profound change in that understanding should come from the people or their elected representatives, not by judicial fiat. The California Supreme Court
CONNECTICUT:
Kerrigan v. State On August 27, 2004, the ACLU and GLAD (the organization that filed the Goodridge lawsuit in Massachusetts) filed a lawsuit on behalf of seven same-sex couples claiming a right to marry under the Connecticut Constitution. Connecticut does not have a DOMA.
Status: On July 12, 2006, the trial court ruled that Connecticut's definition of marriage is constitutional. The Connecticut Supreme Court has accepted a direct appeal of the case. Briefing is complete and we are awaiting a decision.
IOWA:
Varnum v. Brien
Lambda Legal brought suit on behalf of six same-sex couples in Polk County, Iowa to challenge the state's definition of marriage as a union between a man and a woman. The plaintiffs base their claims on the due process and equal protection clauses of the Iowa constitution.
Status:
ADF filed an amicus brief on behalf of 16 Iowa state legislators defending the constitutionality of Iowa's DOMA and marriage laws on June 04, 2008.
MARYLAND:
Deane v. Conaway ACLU lawsuit claiming a right of same-sex couples to marry each other under the Maryland Constitution. Maryland does not have a DOMA.
Status: The trial court held that the definition of marriage creates a gender classification which is unconstitutional under the state's Equal Rights Amendment. The Maryland Court of Appeals (high court) granted a direct appeal of the case while briefing was still under way in the mid-level Court of Special Appeals. The Court of Appeals heard oral argument on December 4, 2006 (click here for ADF's live blog summary of the arguments compiled as they took place).
The opinion can be found here.
OKLAHOMA:
Bishop v. Oklahoma Two same-sex couples filed suit in federal court in Okalahoma, seeking a declaration that the Oklahoma marriage amendment and the federal DOMA are unconstitutional.
Status: The district court granted a motion to dismiss the plaintiffs' claims based on the Full Faith and Credit clause and Privileges and Immunities clause. The case is now at the summary judgment stage to decide the due process and equal protection claims.
