Background Image
Previous Page  26 / 66 Next Page
Information
Show Menu
Previous Page 26 / 66 Next Page
Page Background

26

to Idaho and Nevada’s

constitutional and statutory

provisions banning same-

sex marriage, and found that

they violated the Fourteenth

Amendment. On January 9,

2015, the combined court

denied rehearing en banc,

with three justice dissenting.

DeBoer v. Schneider

(6th

Circuit).

11

On October 7,

2014, a three- justicepanel of

the U.S. Court of Appeals for

the Sixth Circuit, by a 2-to-1

vote, upheld Michigan, Ohio,

Kentucky and Tennessee

constitutional provisions and

statutes preventing same-

sex marriages and refusing

to recognize such marriages

from elsewhere. On January

16, 2015, the U. S. Supreme

Court consolidated this

case with three others and

granted certiorari.

De Leon v. Perry,

1

2

Mississippi’s Campaign for

Southern Equality v. Bryant,

13

Robicheaux v. Caldwell

14

(5th Circuit). The Court of

Appeals for the 5th Circuit

held oral argument on January 9, 2015, in three cases where Federal district judges had ruled on

the constitutionality of state laws banning same-sex marriage. On February 26, 2014, in the Texas

Federal District Court case, De Leon v. Perry, Judge Orlando Garcia declared the Texas law banning

same-sex marriages unconstitutional. Judge Garcia stayed the effect of his ruling through appeal to

the Fifth Circuit Court of Appeals. The case was orally argued to the Fifth Circuit on January 9, 2015.

No ruling has been issued by the time this article was written.

Brenner v. Armstrong

(11th Cir.).

15

The Court of Appeals for the 11th Circuit has pending a Florida

Federal district court’s ruling that the same-sex marriage ban in Florida law is unconstitutional.

The U.S. Supreme Court refused to grant a stay of the district court’s ruling on December 19, 2014

(Scalia and Thomas, dissenting). The district court’s stay expired on January 6, 2015, and same-sex

marriages are now being performed in Florida.

If the 14

TH

Amendment Does Not Control, is Full Faith and Credit Required for Same-

Sex Marriages?

If there is no 14th Amendment basis to force states to permit and recognize same-sex marriages,

then the question arises whether the Full Faith and Credit Clause of the U.S. Constitution requires

each state to acknowledge the validity of same-sex marriages and civil unions that are validly created

under the law of any other American state. If the same-sex marriage was created under the law of a