This week’s decision overturning Nebraska’s anti-gay marriage law has been stayed. Had a stay not been put into place, Nebraska would have become marriage equality state No. 38 on March 9.
Instead, the Eighth Circuit Court of Appeals added an the appeal of this case to a hearing that also includes marriage ban appeals from Arkansas, Missouri and South Dakota. The four appeals are set to be heard on May 11.
Unless the Eighth Circuit rules quickly in that appeal, it’s decision may be moot. The U.S. Supreme Court is hearing appeals of the Sixth Circuit cases on April 28 and is expected to rule by the end of June.
The Fifth Circuit heard marriage equality cases from Texas, Louisiana and Mississippi in January and has still not ruled.
Only two states have no marriage rulings — Georgia and North Dakota. In addition to the four Sixth Circuit states — Michigan, Ohio, Kentucky and Tennessee — only Puerto Rico has a ruling against marriage equality. Puerto Rico is in the First Circuit. All states in that circuit — Maine, Massachusetts, New Hampshire and Rhode Island — are marriage equality states, but the appeals court has never ruled on the issue.
