Eighth Circuit Court Punts On All Cases

"On the court's own motion, oral arguments and any further consideration of these cases will be deferred pending the Supreme Court of the Unites States' decisions in James Obergefell v Richard Hodges."

Eighth Circuit Court Sets May 12th Details For Marriage Cases Out Of Arkansas, Missouri, Nebraska, & South Dakota

It seems unlikely that we'd get a decision before the Supreme Court. But we've been surprised many times.

Nebraska Turns Mustard

BREAKING: Eighth Circuit Court Issues Stay On Nebraska Marriage Ruling

From the order: "Appellants’ Emergency Motion for Stay Pending Appeal has been considered by the court, and the motion is granted. The District Court’s Injunction Order of March 2, 2015 will be stayed pending the disposition of this appeal. It is further ordered that this case be set for oral argument in Omaha, Nebraska on May 12, 2015, together with the three other same-sex marriage cases now pending before the court."  Those other three cases are Missouri, Arkansas, and South Dakota. Marriages had been due to commence in Nebraska on Monday morning.

NEBRASKA: Marriage Plaintiffs Oppose State's Stay Motion With Eighth Circuit

The plaintiffs in Nebraska's marriage equality case today filed their opposition to the state's demand that the Eighth Circuit Court issue a stay on last week's ruling, which is due to go into effect at 9AM local time on Monday. See the filing at Equality Case Files.

Nebraska Turns Cerulean

The color will shift to mustard should the Eighth Circuit Court of Appeals issue a stay. In January the Eighth Circuit declined to lift the stay in Missouri, which is shaded sapphire due to the legality of same-sex marriage in St. Louis and its recognition statewide. The Eighth Circuit will hear oral arguments in the cases out of Missouri, Arkansas, and South Dakota in May.

Liberty Counsel To Eighth Circuit Court: Stop Same-Sex Marriage Because AIDS

Yesterday the Liberty Counsel filed amicus briefs with the Eight Circuit Court of Appeals in the marriage cases out of Missouri and Arkansas. Via press release:

The issue before this Court and courts across this country is whether the divine creation of natural marriage as the union of one man and one woman will be recognized by fallible judges, or whether judicial tyranny will manifest itself in print,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The judiciary is really what is on trial in the minds of the people. Marriage is objectively a union of a man and a woman. If the people lose confidence in the courts then judges lose their authority. Those are not my words. They are the words of former U.S. Supreme Court Justice Sandra Day O-Connor in the 1992 Planned Parenthood v. Casey abortion opinion. Courts must rely on the executive to enforce their orders, and unlike the legislature, courts cannot make new law. The authority of courts rests upon the confidence of the people who trust judges are interpreting the law according the constitution and text under review. When judges veer too far away from this straightforward duty, the people lose confidence, and when that happens, their persuasive authority is undermined.

The briefs cite a cavalcade of crackpots including Maggie Gallagher, Mark Regnerus, and Judith Reisner. The bulk of the briefs are devoted to the position that some gay men have gotten AIDS and therefore all LGBT people are ineligible to be married. Hit the links above to see the full filings.

Eighth Circuit Court Combines Marriage Appeals From South Dakota, Arkansas, & Missouri, Sets Oral Arguments For May

MISSOURI: Eighth Circuit Denies Request To Lift Stay, Appeal By State To Continue

The Eighth Circuit Court has decided to continue Missouri's marriage case despite the coming decision by the Supreme Court. The state's request to suspend their appeal has been denied and the plaintiffs' request to the lift the stay has been denied as well. See the briefing schedule.

Marriage Cases In Flux Due To SCOTUS

Marriage equality cases in several states have seen some action since Friday's decision by the Supreme Court to hear the cases out of the Sixth Circuit Court.

North Dakota: Yesterday a federal judge put that case on indefinite hold pending the final ruling from SCOTUS. There had been no action on that case since September.

Georgia: Also yesterday the state asked that its case be suspended until SCOTUS rules. The plaintiffs have not yet filed a response to that demand.

Missouri: The state today asked the Eighth Circuit Court to put their appeal on hold until SCOTUS rules. The ACLU has already filed its opposition to that request unless the Eighth Circuit lifts its stay first. Same-sex marriage remains legal in St. Louis and is recognized statewide.

Ten days ago the Fifth Circuit Court heard oral arguments in the cases out of Texas, Louisiana, and Mississippi. Some believe that the Fifth Circuit will wait until SCOTUS rules, others say that a decision could still come at any time.

RELATED: The Mississippi Supreme Court is hearing arguments today in a gay divorce case. It's not known if that ruling could come before SCOTUS decides on its cases.

SOUTH DAKOTA: Attorney General Marty Jackley To Appeal Gay Marriage Ruling

"It remains the State’s position that the institution of marriage should be defined by the voters of South Dakota and not the federal courts. Because this case presents substantial legal questions and substantial public interest the Federal Court has stayed its judgment allowing South Dakota law to remain in effect pending the appeal." - GOP South Dakota Attorney General Marty Jackley, in a statement posted to his state website. Jackley was first appointed attorney general in 2009, winning reelection in 2010 and 2014. He is the president-elect of the National Association of Attorneys General, which is currently headed by Mississippi AG Jim Hood.

RELATED: The Eighth Circuit Court of Appeals has jurisdiction over seven states. Appeals from Arkansas and Missouri are pending.

ARKANSAS: AG To Appeal Stayed Marriage Equality Ruling To Eighth Circuit Court

Back in May, Arkansas Attorney General Dustin McDaniel declared that while he personally supports same-sex marriage, he would be defending his state's ban. Today he announced his intent to appeal last month's stayed ruling to the Eighth Circuit Court.

McDaniel had said previously he would wait to make a decision on an appeal until the Arkansas Supreme Court ruled in a separate case challenging the state's bans on same-sex unions. That court has not yet released its decision. “I had hoped that the Arkansas Supreme Court would rule in Wright v. Smith prior to the deadline to file notice of appeal in the federal case," McDaniel said in a statement. "Had they done so, their guidance would have been helpful. Because it appears that the Arkansas Supreme Court will not announce its decision before December 26, which is the deadline to submit a notice of appeal in the federal case, I believe it is necessary to file this notice, in keeping with my obligation to oppose all challenges to our State Constitution." Online federal court records show a notice of appeal was formally filed shortly before 2 p.m.

MISSOURI: Marriage Plaintiffs File Notice Of Cross-Appeal To Eighth Circuit

The plaintiffs in one of Missouri's marriage equality cases have filed their notice of a cross-appeal to the Eighth Circuit Court. On Friday the state filed their notice. The initial stayed ruling on the ACLU's case came on November 7th, at which time Missouri Attorney General Chris Koster promised to appeal. That stay was due to expire today if no appeals were filed. Both Koster and Missouri Gov. Jay Nixon say they support same-sex marriage. In a separate ruling, same-sex marriage remains legal in St. Louis and those marriages are recognized statewide. Also last week, GOP lawmakers filed an attempt to gain standing to appeal the ruling that forces Missouri to recognize out of state marriages.

MISSOURI: State Files Notice Of Marriage Appeal To Eighth Circuit Court

Four days before a lower court's stay is due to expire, tonight the state of Missouri filed notice that they will appeal the overturn of the ban on same-sex marriage to the Eighth Circuit Court. The initial stayed ruling on the ACLU's case came on November 7th, at which time Missouri Attorney General Chris Koster promised tonight's action. Both Koster and Missouri Gov. Jay Nixon say they support same-sex marriage.

In a separate case, same-sex marriage remains legal in St. Louis and those marriages are recognized statewide. Also this week, GOP lawmakers filed an attempt to gain standing to appeal the ruling that forces Missouri to recognize out of state marriages. There's been no change to Wikipedia's map, but I'm posting it again as the situation in Missouri remains quite confusing. Once filed, Missouri's appeal will be the first same-sex marriage case before the Eighth Circuit Court since Nebraska's Bruning case in 2006.

UPDATE: Wikipedia has regressed Missouri's stripes.

BREAKING: Missouri! (But Stayed)

Read the ruling.

UPDATE: Missouri Attorney General Chris Koster is appealing to the Eighth Circuit Court.

ADF: We Won't Stop Fighting The Gays

"The court’s decision not to take up this issue now means that the marriage battle will continue. Several federal courts – including those in the 5th, 6th, 8th, and 11th circuits – still have cases working their way to the Supreme Court. ADF will continue to remain a leader in the critical effort for the freedom of the people. The people should decide this issue, not the courts." - Alliance Defending Freedom senior counsel Bryon Babbione, via press release.