Gay marriage battle spreads to Montana, beyond

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HELENA, Mont. (AP) — Montana on Wednesday joined 28 other
states with legal battles over gay marriage, while same-sex couples in
Pennsylvania spent their first full day applying for marriage licenses
knowing the governor wouldn’t stand in their way.
A federal
lawsuit filed by four gay couples in Montana leaves just two states —
North Dakota and South Dakota — with gay marriage bans and no legal
challenges aiming to overturn them. But that’s likely to change as
same-sex marriage advocates there gear up for a legal fight.
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.
Gay and lesbian couples can wed in 19 states and the
District of Columbia, 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.
The Montana couples say their
state’s constitutional ban denies gay couples the freedom and dignity
afforded to other Montanans and robs them of the legal protections and
benefits that come with marriage. Democratic Gov. Steve Bullock released
a statement supporting their cause, while the state’s Republican
attorney general said he would vigorously defend the ban.
Meanwhile,
a lesbian couple from Rapid City, South Dakota, said they also plan to
challenge their state’s constitutional ban on same-sex marriage in the
coming days, along with a provision in federal law that lets states
avoid recognizing gay marriages performed elsewhere. Their attorney said
he’s contemplating filing a lawsuit in North Dakota, too.
Here’s a look at where things stand with other legal challenges across the country:
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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.
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 done in other states.
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McCombs reported from
Salt Lake City. Associated Press writer Kevin Burbach in Bismarck, North
Dakota, contributed to this report.

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