Thursday, July 2, 2015

Appeals Court Takes Formal Step To End Louisiana, Mississippi, Texas Marriage Bans

In each state, there has been some pushback against this past week’s Supreme Court ruling upholding same-sex couples’ marriage rights.

WASHINGTON — A federal appeals court on Wednesday afternoon directed the district courts in Louisiana, Mississippi, and Texas to issue final orders ending enforcement of the states' respective bans on same-sex couples' marriages.

In the Texas case, in which the trial court had struck down the ban, the 5th Circuit Court of Appeals, in an opinion by Judge Jerry E. Smith, wrote that "the injunction appealed from is correct in light of Obergefell, the preliminary injunction is AFFIRMED."

In the Louisiana case, in which the trial court had upheld the ban, the appeals court, in a second opinion by Judge Smith, wrote that "the judgment appealed from is REVERSED, and this matter is REMANDED for entry of judgment in favor of the plaintiffs." Notably, Smith added: "The district court must act expeditiously on remand, especially in view of the declining health of plaintiff Robert Welles," a plaintiff in the case.

In the Mississippi case, the court issued a similar opinion, stating that "the injunction appealed from is correct in light of Obergefell" and, therefore, "the preliminary injunction is AFFIRMED." The Mississippi opinion came last, likely a result of the fact that Gov. Phil Bryant initially had opposed the plaintiffs' motion to put a quick end to the case after the June 26 Supreme Court ruling striking down marriage bans.



Source BuzzFeed - Politics http://ift.tt/1ItZ26x

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