Henry v. Hodges* (formerly Henry v. Himes, formerly Henry v. Wymyslo)

now at Supreme Court
Nature of Claims: 
Seeking only recognition of marriages entered by same-sex couples in other jurisdictions
Lambda Legal; Gerhardstein & Branch Co., LPA; Newman & Meeks Co., LPA; Ellen Essig

Complaint filed 2/10/14.  A motion for declaratory relief and a permanent injunction was filed 2/28/14.  On 4/4/14, the court ruled that marriages entered by same-sex couples outside the state must be recognized for all purposes and that adoptions secured by same-sex couples in other states must be given full faith and credit.  On 4/15/14, defendant filed a motion to stay, which the district court on 4/16/14 declined to enter as to the named plaintiffs, but otherwise granted.  On 5/20/14, the appeal was consolidated with the Obergefell v. Henry appeal for purposes of argument.  Oral argument was held 8/6/14.  On 11/6/14, the 6th Circuit reversed the ruling of the district court and upheld the state’s marriage recognition ban.  On 11/14/14, the plaintiffs in the Henry and Obergefell cases filed a joint petition for writ of certiorari to the Supreme Court.  On 12/12/14, respondents filed a brief supporting cert. on the marriage recognition question in the case, but opposing the grant of cert. on the full faith and credit issue.  On 12/17/14, Idaho’s Gov. Latta filed an amicus brief in all of the cases in which cert. petitions were then pending, urging the Court to defer deciding which case to hear until it could also or instead hear a cert. petition in the Latta case. The Obergefell/Henry cert. petition was considered at the Supreme Court’s 1/9/15.  On 1/12/15, the writ of certiorari was granted limited to the following questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? The brief of petitioners was filed on 2/27/15.  The brief of respondents was filed on 3/27/15. More than 70 amicus briefs were filed in support of the petitioners; more than 60 amicus briefs filed in support respondents; and several amicus briefs filed in support of neither. The reply brief was filed on 4/17/15.  On 4/28/15, the Supreme Court heard oral argument in this and the other cases briefed with Obergefell


Monday, April 27, 2015