Chris Johnson of The Washington Blade has posted the first in a two-part series on some of the various LGBT lawsuits going on in the nation right now. And Mike Tidmus has distilled those down even further into very handy summaries.
Really, this is such a useful gathering of information. From the Boies-Olson challenge to California’s Prop 8 challenge to the Massachusetts DOMA fight, there are so many LGBT lawsuits going on at any one time it can be hard to keep them all straight.
But, thanks to The Washington Blade and Mike Tidmus, that task has been made a bit easier.
A roundup of LGBT litigation
LGBT Americans could be affected by pending litigation throughout the country that touches on issues such as marriage rights. Here are some cases of interest.
Massachusetts v. U.S. Health & Human Services Dept. The Massachusetts attorney general is arguing that part of the Defense of Marriage Act is unconstitutional because it interferes with the state’s authority to define the marital status of its residents. The federal lawsuit was filed last week in the U.S. District Court for the District of Massachusetts, and the federal government is slated to respond within 60 days.
Gill v. Office of Personnel Management Gay & Lesbian Advocates & Defenders argue that the part of the Defense of Marriage Act prohibiting federal recognition of same-sex marriage is unconstitutional because it violates the equal protection clause. The federal lawsuit is pending before the U.S. District Court for the District of Massachusetts and the U.S. Justice Department is expected to issue a reply brief in September.
Smelt v. United States Attorneys argue that the Defense of Marriage Act and Proposition 8 are unconstitutional because, among other reasons, they interfere with the ability of married gay couples to travel and establish residency in other states. The federal lawsuit produced last month’s controversial Justice Department motion to protect DOMA and is pending before the U.S. District Court in the Central District of California, Southern Division.
Perry v. Schwarzenegger Lawyers for the American Foundation for Equal Rights argue that Proposition 8 is unconstitutional because it violates the equal protection clause and singles out LGBT people for discrimination.
The federal lawsuit is pending before the U.S. District Court in the Northern District of California.
Bonilla v. Hurst Plaintiffs argue that Louisiana’s constitutional ban on same-sex marriage and civil unions violates equal protection and due process clauses. The federal lawsuit is pending before the U.S. District Court in the Eastern District of Louisiana.
McConkey v. Van Hollen The plaintiff is contesting Wisconsin’s constitutional ban on same-sex marriage and civil unions by arguing that it violates the state’s two-subject rule, which prohibits proposed constitutional amendments from dealing with more than one more subject. The Wisconsin Supreme Court has agreed to hear the state lawsuit and a decision regarding arguments is expected this fall.
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