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

Complaint filed 2/10/14.  A motion for declaratory relief and a permanent injunction was filed 2/28/14.  At a hearing on 4/4/14, the judge indicated he would issue a decision on 4/14/14 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 4/14/14, he did so.  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 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 are pending, urging the court to defer deciding which case to hear until it can also or instead hear a cert. petition in the Latta case. The cert.. petition was considered at the Supreme Court’s 1/9/15 conference and then rescheduled for a further conference on 1/16/15.

Friday, January 16, 2015