Our lawyers are litigating a range of cases involving marriage equality and discrimination against same-sex couples. We filed a brief in the Supreme Court marriage equality cases, reminding the Court that marriage equality does not harm religious liberty.

Representing same-sex couples in Alabama, we recently won an important victory over state officials who were continuing to refuse to issue them marriage licenses. And we filed a brief opposing a baker’s argument that his religion allowed him to ignore a law that prohibits him from denying service to same-sex couples.

Supreme Court Marriage Case (Obergefell v. Hodges)
Alabama Marriage Case (Strawser v. Strange)
Memo on Government Employees’ Requests for Religious Exemptions to Providing Marriage Licenses to Same-Sex Couples
Colorado Baker Case (Masterpiece Cakeshop v. Craig)
West Virginia Marriage Equality Case (Brookover v. Gilmer County)


Supreme Court Marriage Case (Obergefell v. Hodges)

We filed a brief to the Supreme Court in Obergefell v. Hodges, arguing that marriage equality and religious liberty are complementary values. Our brief explained that even after marriage equality, clergy members will not be required to perform any marriage ceremonies they oppose, and that marriage equality will enhance the religious liberty of clergy members who wish to perform marriage ceremonies for same-sex couples.

In June 2015, the Supreme Court ruled that the 14th Amendment requires states to issue marriage licenses to same-sex couples and to recognize the marriages of same-sex couples who were married in other states.

The Supreme Court decision requiring marriage equality in all 50 states (June 26, 2015)

Our brief to the Supreme Court (March 6, 2015)


Alabama Marriage Equality Case (Strawser v. Strange)

We represent several Alabama couples denied the opportunity to get married as a result of the Alabama Supreme Court’s order. We won an order from the federal court requiring all Alabama probate judges to cease discriminating against same-sex couples; and then another order following the Supreme Court’s decision, this time making it clear that probate judges must stop discriminating immediately.

The order entering a permanent injunction barring the state from enforcing its marriage ban (June 7, 2016)

The order requiring immediate compliance by all Alabama counties (July 1, 2015)

The order requiring marriage equality in all Alabama counties (May 21, 2015)

Our motion for injunction in Alabama marriage cases (March 6, 2015)


Memo On Government Employees’ Requests For Religious Exemptions To Providing Marriage Licenses To Same-Sex Couples

We are offering pro bono representation to any governmental entity that is sued by a clerk because it will not allow that clerk to deny marriage licenses to same-sex couples.

Our memo to government officials (January 8, 2015)


Colorado Baker Case (Masterpiece Cakeshop v. Craig)

In February 2015, we filed a brief, in support of the couple, with the Colorado Court of Appeals. We argue that the First Amendment does not excuse businesses from their obligation to treat all customers equally—even when the discrimination is motivated by religion.

Our brief to the Colorado Court of Appeals (February 13, 2015)


West Virginia Marriage Equality Case (Brookover v. Gilmer County)

In April 2017, we filed a complaint with the U.S. District Court for the Northern District of West Virginia on behalf of a same-sex couple who faced abuse from a Gilmer County deputy county clerk while picking up their marriage license. We argue that the U.S. Constitution guarantees equal treatment under the law and bars this type of discrimination. Read more about the case.

Our complaint to the U.S. District Court for the Northern District of West Virginia (April 17, 2017)