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The litigation landscape for same-sex marriage

With oral arguments in the Tenth Circuit set for tomorrow, and more appellate court arguments coming soon, keeping track of all the pending same-sex marriage litigation is almost a full-time job. There are now 64 lawsuits–50 filed since the decision in United States v. Windsor–in federal and state courts across the country. In fact, we now have either fully recognized same-sex marriage or pending litigation in all but five states: Alaska, Georgia, Montana, North Dakota, and South Dakota.  (Expect that list to shrink soon.)  Most of these lawsuits ask for full state recognition of same-sex marriages; some ask only for recognition of out-of-state same-sex marriages. Some are still in trial or district courts; some have reached the appellate stage.  You can bet that at least one will reach the Supreme Court for possible decision in the 2014 or 2015 Term.

Lambda Legal has prepared a very helpful chart listing all of the cases by state, circuit, kind of claim, case name, attorneys, and status.

Dale Carpenter is the Distinguished University Teaching Professor and Earl R. Larson Professor of Civil Rights & Civil Liberties Law at the University of Minnesota Law School. He teaches and writes in the areas of constitutional law; the freedoms of speech, association, and religion; and sexual orientation and the law.

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