Same-sex marriage by Circuit Court

Prior to the landmark ruling United States v. Windsor, the constitutionality of banning same-sex marriage was upheld by the Eighth Circuit in Citizens for Equal Protection v. Bruning. After the Windsor ruling, many same-sex marriage bans were struck down by lower courts. The Tenth, Fourth, Seventh, and Ninth circuits all ruled that same-sex marriage bans were unconstitutional. The cases that made it to these circuit courts originated in district courts which for the most part also struck down same-sex marriage bans.[1] When a circuit court struck down a state's same-sex marriage ban, it did not directly strike down same-sex marriage bans in other states within the circuit. However, it paved the way for same-sex marriage bans to be struck down in the entire circuit due to the precedent it set for district courts within the circuit to follow.[2]

Map of the geographic boundaries of the various United States Courts of Appeals and United States District Courts
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

In some states, same-sex marriage was already legal before a federal circuit court ruled on the matter. The Sixth Circuit ruled that same-sex marriage bans were not unconstitutional and reversed the district court rulings that struck down same-sex marriage bans. Since this was the only circuit court to rule this way post-Windsor, this created a circuit split which ultimately led to the Supreme Court of the United States deciding to resolve the issue once and for all.[3] They ruled that same-sex marriage bans violate the constitution in the landmark ruling Obergefell v. Hodges which was the consolidated case with cases originating from each state in the Sixth Circuit. Some circuit courts have not ruled on the constitutionality of same-sex marriage bans at all. Many circuit courts had pending same-sex marriage cases, but decided to hold off on litigation until the Supreme Court ruled on the matter.[4]

See also
  • Same-sex marriage under United States tribal jurisdictions

References
  1. http://kdvr.com/2014/07/18/10th-circuit-court-of-appeals-rules-same-sex-marriage-unconstitutional-in-oklahoma/
  2. http://talkingpointsmemo.com/dc/utah-10th-circuit-gay-marriage-ruling
  3. https://www.latimes.com/opinion/opinion-la/la-ol-supremecourt-gaymarriage-constitution-20141106-story.html
  4. http://www.washingtonblade.com/2015/04/29/8th-circuit-to-hold-off-on-marriage-litigation/
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