U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

March 2014 Archives

Michigan Gay Marriages Stayed Pending Appeal

Late last week, a district court in Michigan held that the state's constitutional provision and implementing laws the defined marriage as "the union of one man and one woman" violated the Equal Protection Clause of the Fourteenth Amendment. In making such a holding, that court joined countless other courts across the nation, but unlike many of those courts, the district court denied the state's request for a stay pending appeal.

The Sixth Circuit granted an emergency stay (after a few hundred marriage licenses were handed out to same-sex couples), and yesterday afternoon, continue the stay until the circuit court could hear the appeal.

3 Tips For New Attorneys in The 6th Circuit

New attorneys practicing in the Sixth Circuit will have to learn the local court rules and make sure that their case will go as smoothly as possible (procedurally, anyway).

Whether it's getting acclimated to the court's e-filing system, or knowing the security measures for entering the building, here are three tips to get you started.

Private Firm to Be Paid $100K to Defend Ky. Gay Marriage Ban

After Kentucky's somewhat harried search for a firm to defend the state from the potential "chaos" of recognizing out-of-state gay marriages, a firm has been chosen.

The relatively small firm of VanAntwerp, Monge, Jones, Edwards & McCann, LLP has been recruited to defend the state in the Sixth Circuit for at least until June 6, according to Louisville's WFPL. Their contract with the Bluegrass State has a payment cap set at $100,000.

But what will the VanAntwerp firm be doing for that money?

Ky. Gay Marriage Appeal: State to Hire Outside Counsel

Kentucky is still going to defend its gay marriage ban before the Sixth Circuit, but not with the help of anyone employed by the state.

After Kentucky Attorney General Jack Conway refused to defend the same-sex marriage prohibition, citing his refusal to "defend[] discrimination," the governor announced that outside counsel will be hired to represent the state's interests in the appeal, reports The Associated Press.

With Kentucky taxpayer money set to pay for private attorneys, this battle over same-sex unions just got hotter.

Ohio AG Just Told SCOTUS That His State's Law is Stupid

Ohio Attorney General Mike DeWine, we couldn't agree more.

Folks, Ohio has this ridiculous election law that bars people from making false statements with malice about candidates. It's a load of crap, restricts speech, is far from content-neutral, and basically makes political satire illegal.

The Supreme Court has repeatedly stated that the remedy for false speech is more speech, not some unconstitutional law that will die an expensive (litigating the issue up to the Supreme Court can't be cheap) death. And now, according to The Columbus Dispatch, the state's Attorney General just took the same position, hopefully nuking the case before Ohio further embarrasses itself.