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:
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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.
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.
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McCombs
reported from Salt Lake City. Associated Press writers Lisa Baumann in
Helena, Montana, and Kevin Burbach in Bismarck, North Dakota,
contributed to this report.