U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog

August 2015 Archives

It was Gay Marriage Day in the Eighth Circuit last Tuesday. No, there wasn't any extra same-sex nuptials, parades, or celebrations. Rather, the circuit court took Tuesday to formally strike down the same-sex marriage bans, following the Supreme Court's ruling nine weeks ago.

As a result of this decision, the same-sex marriage bans in South Dakota, Arkansas, and Nebraska are just about finito. Of course, that doesn't mean the controversial issue is entirely settled. Some county clerks in nearby states are refusing to issue marriage licenses to same-sex couples, while gay rights advocates are now moving to challenge other discriminatory laws and practices.

In June, the Eighth Circuit struck down an Arkansas law banning abortion once a fetal heartbeat can be detected. A few weeks later, the circuit tossed a similar law in North Dakota. In both cases, the Eighth Circuit ruled reluctantly, lamenting that it was bound by Supreme Court precedent.

Now, the ridicule has started rolling in, not because of the Court's holding, but because of the opinions themselves. The opinion in the North Dakota case, authored by Judge Bobby Shepherd, has been particularly targeted. Slate described it as "anti-science." The Economist said it read more like "novice high-school debate speech than a ruling by a federal appellate judge." What's all the hubbub about?