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Hawaii’s federal marriage equality case Jackson v. Abercrombie appealed to the Ninth Circuit Court of Appeals

September 18, 2012

DOMA trials Jackson

By Scottie Thomaston

Hawaii’s federal marriage equality lawsuit, Jackson v. Abercrombie, resulted in a loss for the plaintiffs in district court. The judge applied a form of rational basis review in which he suggested the legislature can “rationally speculate” as to a basis for the law, and the anti-gay marriage law passed that form of review. The judge also found Baker v. Nelson, a 1972 summary dismissal by the Supreme Court on the question of same-sex marriage, controlling precedent in this case.

Both the plaintiffs and the Governor have appealed the case to the Ninth Circuit Court of Appeals. In Governor Abercrombie’s notice of appeal, he writes that he is a true appellant in the case, not a cross-appellant, as he supports the plaintiffs in their claim that the anti-gay marriage law is unconstitutional. Since he suggests he is an appellant, he asks the court to consolidate his appeal with the plaintiffs, and allow them to file their opening briefs at the same time.

The briefing time schedule orders for both parties were set as well, and they are identical. The final brief is due January 15, 2013.

h/t Kathleen for these filings

Plaintiffs’ notice of appeal:1:11-cv-00734 #121

Time Schedule Order:12-16995 #1-2

Governor Abercrombie’s notice of appeal:1:11-cv-00734 #123

Time Schedule Order:12-16998 #1-4

Twitt

4 Comments Leave a Comment

  • 1. Jamie  |  September 18, 2012 at 10:30 am

    Excellent. It's long past time to get this to the 9th Circuit.

  • 2. karen in kalifornia  |  September 18, 2012 at 7:36 pm

    Oh was a difference a governor can make.

  • 3. Prop 8 Trial Tracker &raq&hellip  |  December 3, 2012 at 12:11 pm

    [...] Sevcik has not yet been appealed but an appeal to the Ninth Circuit is expected soon. And Jackson has been appealed to the Ninth Circuit, but it is currently on [...]

  • 4. Prop 8 Trial Tracker &raq&hellip  |  December 14, 2012 at 8:14 am

    [...] Circuit Court of appeals: the Hawaii case Jackson v. Abercrombie was appealed to the Ninth Circuit in September, and the Nevada case Sevcik v. Sandoval was appealed this month. Both cases involve whether [...]

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