798 F.3d 682
8th Cir.2015Background
- Seven same-sex couples seek to marry in Nebraska or have their out-of-state marriage recognized in Nebraska, and seek related state benefits.
- District court granted a preliminary injunction finding Article I, § 29 of the Nebraska Constitution likely violates equal protection.
- Nebraska appealed, jurisdiction under 28 U.S.C. § 1292(a)(1); the panel affirmed.
- During the appeal, Obergefell v. Hodges held same-sex marriage is a fundamental right, invalidating these kinds of prohibitions.
- Nebraska urged mootness based on Obergefell, but the panel clarified the state laws were held invalid and the issue persisted for the plaintiffs.
- Court noted Nebraska’s assurances of compliance may affect injunctive relief but did not moot the case; remanded for final merits judgment in plaintiffs’ favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Obergefell moot the Nebraska case? | Nebraska cannot moot merits; Obergefell invalidates prohibitions. | Obergefell moots the controversy as resolved. | Not moot; Obergefell invalidated challenged laws, case remanded for final judgment. |
| Is Article I, § 29 unconstitutional under the Fourteenth Amendment? | Same-sex couples cannot be denied marriage on equal protection grounds. | Nebraska may limit marriage to opposite-sex couples. | Unconstitutional; same-sex couples may marry on equal terms. |
| What is the proper role of Nebraska's assurances and actions post-Obergefell on injunctive relief? | Assurances do not resolve the ongoing rights at issue. | Compliance assurances may affect necessity of ongoing injunctive relief. | Assurances may impact injunctive scope; district court to consider under Rule 65(d) and Obergefell. |
| Should the injunction remain in place pending final judgment? | Injunction serves to protect rights until merits resolved. | As the law is invalid, the injunction may be narrowed or dissolved. | Preliminary injunction affirmed; remanded for entry of final judgment in plaintiffs’ favor. |
Key Cases Cited
- Obergefell v. Hodges, 135 S. Ct. 2584 (U.S. Supreme Court 2015) (fundamental right to marry; due process and equal protection guarantees)
- Baker v. Nelson, 409 U.S. 810 (U.S. 1972) (overruled by Obergefell; same-sex marriage protections recognized)
- Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006) (precedent on same-sex marriage challenges (abrogated by Obergefell))
- United States v. Nat’l Treasury Emps. Union, 513 U.S. 454 (U.S. 1995) (relief limited to parties before court; narrower remedy may protect litigants)
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167 (U.S. 2000) (voluntary compliance must clearly be unable to recur to moot a case)