Kentucky marriage case plaintiff Greg Bourke delivering petitions to the Boy Scouts in Irving last year
The Sixth Circuit Court of Appeals is hearing six marriage cases today — two from Ohio, two from Kentucky and one each from Michigan and Tennessee.
The Michigan case began as an adoption case and was expanded at the suggestion of the lower court judge. The couple was suing the state to allow them to adopt the children they were raising. This is the only marriage case in the country that revolves around adoption.
One of the Ohio cases involves the state recognizing an out-of-state marriage. Before one of the spouses in the case died, the couple took a medical flight to Maryland to marry there. The surviving partner is suing the state to recognize his marriage for inheritance purposes.
One of the couples in one of the Kentucky cases — Greg Bourke and Michael DeLeon — were in Dallas last year protesting outside Boy Scouts headquarters in Irving.
After Bourke and DeLeon won their marriage case based on equal protection, Kentucky’s attorney general refused to defend the law. The governor hired outside council who will represent the state at the Sixth Circuit today.
Two of the three judges who will hear the cases were appointed by President George W. Bush and one was appointed by President Bill Clinton.
Arguments begin at noon CST.