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July 03, 2013


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Michael Ejercito

There are cases pending, both in Oklahoma and Texas, where briefing on the merits is complete (though supplemental briefing is likely to be ordered in light of United States v. Windsor.)

David S. Cohen

Thanks. Do you have links to any info about those cases? A quick Google search just now didn't reveal any information about them, even in local newspaper articles that followed Windsor and talked about the impact of the case on those two states. I'd love more info if you have it.

Regardless, I think there should be many more than 2 cases pending. There should be hundreds in every state. Filed this month! :)

Michael Ejercito


the two cases are Bishop v. United States, No. 04-848 (N.D. Okla), and In Re Marriage of J.B. and H.B., No. 11-0024 (Tx. sup. Ct.)

Barring unforeseen events, I expect rulings in those two cases by the end of the year.

Michael Ejercito

I should also add that Marriage of J.B. is before the Texas Supreme Court, and a ruling on the merits would bind all family courts in Texas, the courts most likely to deal with the issue of the scope of marital rights.

David S. Cohen

Thanks for reference to those cases. The Oklahoma one is odd, at least based on the description in the newspaper. Why's it been languishing since 2004? And why is it against the U.S. instead of Oklahoma? That sounds like it would be a DOMA case, not a challenge to a state marriage law? Or is it a combined case?

Michael Ejercito

David, the Oklahoma case is a combined case. It is rather odd that the case had been languishing in the district court.

In addition, the Texas Supreme Court sua sponte ordered supplemental briefing in Marriage of J.B., as well as a similar same-sex divorce case.

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