Eighth Circuit Won’t Place Hold on Missouri Marriage Litigation

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Washington Blade
By Chris Johnson
January 22, 2015

A federal appeals court considering a challenge to Missouri’s ban on same-sex marriage announced Thursday the litigation will proceed despite the U.S. Supreme Court’s agreement to take up the issue.

In a two-page order, the U.S. Eighth Circuit Court of Appeals refuses a request from Missouri Attorney General Chris Koster to place a hold on the litigation, but at the same time denies a request from plaintiff couples in the case to lift the stay on U.S. District Judge Ortrie Smith’s decision in November against the state ban.

Additionally, the court grants plaintiff same-sex couples’ request for an expedited hearing in the case and sets the briefing schedule. A legal brief from the state is due Feb. 17, a response from the plaintiff is due 30 days after, and further responses are scheduled later. But no date is yet set for oral arguments.

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