In four separate notices on Monday, the Sixth Circuit, which is located in Cincinnati, announced that arguments for the cases in Michigan, Ohio, Kentucky and Tennessee will take place on August 6 at 1 pm.
James Esseks, director of the American Civil Liberties Union LGBT project, said his organization welcomes the developments for each of the cases. His organization is assisting with litigation in the Ohio case.
“We’re happy to see the Circuit taking up this issue so quickly,” Esseks said. “All the cases together reinforce how sweeping and widespread are the harms that come from the marriage bans.”
Although it hasn’t been officially announced, attorneys representing same-sex couples in the cases say for the sake of consistency they assume the same three-judge panel will hear arguments for each of the lawsuits. The names of the judges on the panel will be announced shortly before arguments.
On the same day, the court in a separate order denied the ability of Roberta Kaplan, who successfully argued against the Defense of Marriage Act before the U.S. Supreme Court, to intervene in the Ohio case. She had sought intervene in the litigation on behalf of Equality Ohio and four same-sex couples.
According to the eight-page notice handed down from the court, Kaplan was denied the ability to participate because the cases is too far advanced at this point.
“[W]e conclude that the Intervenors’ motion is untimely,” the notice states. “The Intervenors knew or should reasonably have known of their interest in this case well before this appeal was filed, and whether we review the appeal en banc as an initial matter is not a sufficient reason for delaying their intervention. The appeal is now fully briefed, and granting intervention at this stage would necessitate supplemental briefing by the parties.”
Both the State of Ohio and the ACLU objected to Kaplan’s participation in the case, even though the ACLU worked with her in efforts to litigate against DOMA.
The Sixth Circuit has the distinction of being the only federal appellate court in history where each of the four states within the circuit have marriage cases on appeal.
The only case among the four that is outright seeking the right for same-sex couples to marry is the Michigan case, DeBoer v. Snyder.
The Tennessee case, Tanco v. Haslam, was filed by the National Center for Lesbian Rights and seeks state recognition for same-sex couples married elsewhere. So is the Kentucky case, Bourke v. Beshear, although that case was amended at the district court to seek outright marriage equality.
One Ohio case, Obergefell v. Himes, is seeking the same-sex marriage recognition rights for the purposes of death certificates, the other, Henry v. Himes, is related to birth certificates, but in that case the district judge ruled against the state’s marriage ban for all purposes of recognition.
It’s isn’t immediately clear how scheduling for the cases will play out, but time for some cases is longer than others. The court set 30 minutes for each side in the Michigan and Ohio cases, but 15 minutes for each side in the Tennessee and Kentucky cases.