Pending Marriage Equality Cases

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Current as of July 21, 2014

Marriage Equality Scorecard

Pending Marriage Equality Lawsuits

There are currently:

92 pending marriage equality lawsuits in 33 states (AL, AK, AZ, AR, CO, FL, GA, HI, ID, IN, KS, KY, LA, MI, MS, MO, NE, NV, NC, OH, OK, OR, PA, SC, TN, TX, UT, VA, WV, WI, WY) and Puerto Rico.

               59 of these are in federal court;

                              21 of those are on appeal.

               33 are in state courts;

                              10 of these are on appeal;

                              25 raise federal claims.

There are pending marriage equality lawsuits in all states that do not currently allow same-sex couples to marry, and in all Circuits of the U.S. Courts of Appeals in which not all states allow same-sex couples to marry.

Marriage Equality

Marriage equality exists in 19 states and DC: Explore our interactive map.

In addition:

  • more than 500 same-sex couples married in AR,
  • more than 800 same-sex couples married in IN,
  • more than 300 same-sex couples married in MI,
  • more than 500 same-sex couples married in WI,
  • and more than 1,200 same-sex couples married in UT, before stays were issued of rulings that those states’ marriage bans are unconstitutional.

These marriages are now being recognized for at least federal law purposes. 

Marriage licenses also are being issued to same-sex couples by the clerks in Boulder and Pueblo counties in CO. Some same-sex couples also received marriage licenses from Denver County prior to the Colorado Supreme Court issuing a stay on 7/18/14.

In OH, the District Court’s rulings in two cases requiring recognition of marriages entered outside the state by same-sex couples remain in effect as to the named plaintiffs in both cases. Furthermore, the 7th Circuit on 7/1/14 partially lifted its stay of the injunction issued by the IN District Court in order to require recognition pending appeal of the marriage of one same-sex couple who are facing a terminal illness.

In other cases in which state marriage laws have been ruled unconstitutional, the rulings have been stayed pending appeal (in KY, OK, TN, TX and VA) and, in one of the OH cases, the court’s order has been stayed as to all couples except the named plaintiffs.

Marriage Recognition

Some other states are recognizing marriages same-sex couples have entered outside the state for limited purposes (such as MO, for purposes of filing state taxes, and WY, for purposes of obtaining a divorce). A court order requiring recognition by the state of UT of marriages entered in that state prior to the stay of an injunction allowing same-sex couples to marry in the state has itself been temporarily stayed.

Other Relationship Recognition

Comprehensive civil unions or domestic partnerships (but not the current ability of same-sex couples to marry throughout the state) now exist in CO and NV. Limited domestic partnerships (but not the current ability of same-sex couples to marry) now exist in WI. Explore our interactive map.

* Cases filed, or that newly included a marriage claim, since the decision in Windsor are marked with an asterisk.

Learn more about Lambda Legal's national marriage campaign, Love Unites US.