This Week in Marriage Equality

A National Institutes of Health study indicates that married same-sex couples are happier than their non-same sex counterparts. Here’s the latest progress to achieve this across the United States:

Oregon: Currently, the same sex marriage ban in Oregon is under trial with no one defending the law after the state Attorney General refused to defend the law. The anti-gay National Organization for Marriage has requested to be allowed to defend the law, but their request for an extension was denied by US District Judge Michael McShane. If McShane rules in favor of the ban, Oregon residents are currently in the process of gathering the needed signatures to overturn the ban on the ballot this fall.

South Dakota: This week, South Dakota became the latest state to have a lawsuit challenging the marriage ban in that state. That leaves only three states without an active lawsuit challenging laws against same-sex marriage: Alaska, Montana, and North Dakota.

Tennessee: US Federal Appeals Court has put a temporary stay on an injunction issued by Judge Aleta Trauger that sound the state of Tennessee’s same sex marriage ban unconstitutional. The state’s appeal against the injunction is expected to receive an expedited hearing. In the mean time, this leaves the three same sex couples that filed the suit in legal limbo.

Texas: Judge Barabara Nellemoe found that same sex couples have the equal right to divorce in Texas.

Utah: Attorney General Gene C. Schaerr has suggested that the lawsuit to overturn the state’s ban on marriage equality may be thrown out on a technicality. During the hearing by a three-judge panel at the 10th Circuit Court of Appeals, a question was raised regarding whether the lawsuit targeted appropriate state and county officials. The party seeking to sue must have suffered injury that is traced to the action of the defendant. The plaintiffs allege that the governor, the attorney general, and the Salt Lake County clerk are responsible for denying them marriage licenses. Schaerr claims that this is correct, hoping that the case will not be overthrown, leaving the lower court ruling, honoring the plaintiffs’ marriages, to stand.

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