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| William Roletter, left, and Paul Rowe, press close to one another after they had their photo made with their newly acquired marriage certificate, Wednesday, May 21, 2014, at City Hall in Philadelphia. On Tuesday, Pennsylvania became the final Northeastern state and the 19th in the U.S. to legalize same-sex marriage. Republican Gov. Tom Corbett said Wednesday he would not appeal a federal judge's ruling that overturned the state's 1996 ban. |
SIOUX FALLS, S.D.
(AP) -- Federal lawsuits filed this week in Montana and South
Dakota leave just one state - North Dakota - with a gay marriage ban
that's not facing some form of legal challenge.
State
marriage bans have been falling around the country since the U.S.
Supreme Court last year struck down part of the federal Defense of
Marriage Act. Now, in 30 states, judges are being asked whether gays
should have the right to marry.
"Even though
it's happening all around us in other states, this is us, this is real,"
Nancy Rosenbrahn of Rapid City, South Dakota, told The Associated Press
Thursday.
She and Jennie Rosenbrahn married
in April in Minneapolis, and were among the six couples who sued in
South Dakota Thursday to overturn that state's gay marriage ban.
In
19 states and the District of Columbia, gay couples can already wed,
with Oregon and Pennsylvania becoming the latest to join the list this
week when federal judges struck down their bans and officials decided
not to appeal.
But opposition in some places
remains strong. A spokesman for Montana Attorney General Tim Fox said he
will vigorously defend the state's constitutional ban against the
lawsuit brought by four gay couples.
In Utah,
Gov. Gary Herbert said at a news conference Thursday he also is
committed to defending his state's ban, and he blasted decisions against
doing so by leaders in other states.
"For
elected officials, governors or attorney generals, to pick and choose
what laws (they) will enforce I think is a tragedy, and is the next step
to anarchy," Herbert said. "We have an obligation as a state to defend
those laws."
Here's a look at where things stand with other legal challenges across the country:
---
Arkansas
A
state judge in Arkansas' largest county earlier this month struck down
the state's gay marriage ban, saying the state has "no rational reason"
for preventing gay couples from marrying. The state Supreme Court
brought the marriages to a halt and is weighing state officials' appeal.
Idaho
State
officials announced this week they will appeal last week's decision
from a federal judge overturning the state's same-sex marriage ban. The
appeal goes to the 9th U.S. Circuit Court of Appeals.
Indiana
State
attorneys have asked the 7th U.S. Circuit Court of Appeals in Chicago
to review a federal judge's recent order requiring Indiana to recognize
the out-of-state marriage of a lesbian couple in which one woman is
terminally ill. That ruling applies just to one couple - not to others
who were legally wed elsewhere and are seeking to have Indiana recognize
their marriages.
Kentucky
After
a federal judge ordered Kentucky to recognize same-sex marriages
performed in other states, attorney general Jack Conway said he would
not defend the state's law. But, the state has hired outside attorneys
to handle the case and is appealing to 6th U.S. Circuit Court of Appeals
in Cincinnati, which has not yet scheduled a hearing.
Michigan
The
6th Circuit is reviewing Michigan's same-sex marriage ban that was
overturned by a federal judge in March following a rare trial that
mostly focused on the impact of same-sex parenting on children.
Arguments have not been scheduled.
Nevada
Eight
gay couples are challenging Nevada's voter-approved 2002 ban that was
upheld by a federal judge in 2012. The 9th U.S. Circuit Court of Appeals
in San Francisco hasn't scheduled arguments yet. Nevada Attorney
General Catherine Cortez Masto is refusing to defend the ban.
Ohio
The
6th Circuit appeals court is reviewing two gay marriage cases from
Ohio. The first involves recognizing gay marriages on death
certificates, and the second involves an order for Ohio to recognize all
out-of-state marriages. Arguments have not been scheduled in either
case.
Tennessee
A
federal judge ordered the state to recognize three same-sex couples'
marriages while their lawsuit against the state works through the
courts. Tennessee officials are appealing the preliminary injunction to
the 6th Circuit.
Texas
A
federal judge declared the state's ban unconstitutional, issuing a
preliminary injunction. The state is appealing to the 5th U.S. Circuit
Court in New Orleans.
Utah and Oklahoma
The
10th Circuit Court of Appeals in Denver is reviewing same-sex marriage
bans that were overturned by federal court judges in these two states.
The appeals court heard arguments on both cases in April, and a ruling
is expected soon. Utah and Oklahoma voters overwhelmingly passed the
bans in 2004.
Virginia
The
4th U.S. Circuit Court of Appeals in Richmond heard arguments this
month about Virginia's overturned ban and is expected to rule soon.
Virginia's attorney general, Mark Herring, is one of seven in the
country who has refused to defend a state gay marriage ban. A county
clerk who was sued in Virginia is defending the ban.
Elsewhere
Other
states with court cases demanding recognition of gay marriage are:
Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Kansas, Louisiana,
Mississippi, Missouri, Nebraska, North Carolina, South Carolina, West
Virginia, Wisconsin and Wyoming. Most lawsuits challenge same-sex
marriage bans or ask states to recognize gay marriages from other
states.
