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New Lambda Legal Resource: Nationwide Chart of Pending Marriage Equality Litigation Now Live Online

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April 9, 2014
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Now live on the Lambda Legal website is a chart detailing current status of marriage equality litigation nationwide.

As of April 9, 2014, there are 64 pending lawsuits (43 in federal court – 9 of which are on appeal – and 21 in state courts, 5 of which are on appeal and 11 of which raise federal claims), involving how the marriage laws of 30 states and Puerto Rico apply to same-sex couples (Alabama, Arizona, Arkansas, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming).  The only states that do not currently provide marriage equality in which there is no pending litigation at present are Alaska, Georgia, Montana, North Dakota, and South Dakota.

Pending Marriage Equality Cases

Marriage equality exists in 17 states and the District of Columbia: CA, CT, DC, DE, HI, IA, IL, MA, MD, ME, MN, NH, NJ, NM, NY, RI, VT, and WA. In addition, approximately 1,000 same-sex couples married in UT following the district court ruling that the state’s marriage ban was unconstitutional before that order was stayed and more than 300 same-sex couples married in MI following the district court ruling that that state’s marriage ban was unconstitutional before that order was stayed. In TN, the district court’s ruling requiring recognition of the marriages of the three plaintiff couples remains in effect.  In other cases in which state marriage laws have been ruled unconstitutional, the rulings have been stayed pending appeal (in KY, OK, TX, and VA). In addition, comprehensive civil unions or domestic partnerships (but not the right to marriage for all) now exist in CO, NV, and OR, and limited domestic partnerships (but not marriage) now exist in WI.