Jernigan v. Crane

Citation796 F.3d 976
Decision Date11 August 2015
Docket NumberNo. 15–1022.,15–1022.
PartiesRita JERNIGAN; Pam Jernigan; Becca Austin; Tara Austin, Plaintiffs–Appellees v. Larry CRANE, In his official capacity as Circuit and County Clerk of Pulaski County, Arkansas, and his successors in interest, Defendant Dustin McDaniel, In his official capacity as Attorney General for the State of Arkansas, and his successors in interest; Richard Weiss, In his official capacity as Director of the Arkansas Department of Finance and Administration, and his successors in interest; George Hopkins, In his official capacity as Executive Director of the Arkansas Teacher Retirement System, and his successors in interest, Defendants–Appellants North Carolina Values Coalition; Liberty, Life, and Law Foundation; Dr. Paul McHugh; Robert P. George ; Sherif Girgis; Liberty Counsel; Eagle Forum Education and Legal Defense Fund, Amici on Behalf of Appellant(s) National Women's Law Center; Connecticut Women's Education and Legal Fund ; Legal Momentum; Legal Voice; National Association of Women Lawyers; National Partnership for Women and Families; Women's Bar Association of the District of Columbia; Women's Bar Association of Illinois ; Women's Law Project; Williams Institute Scholars of Sexual Orientation and Gender Law; Howard University School of Law Civil Rights Clinic; American Sociological Association; American Psychological Association; Arkansas Psychological Association ; American Psychiatric Association; American Association for Marriage and Family Therapy ; American Psychoanalytic Association ; National Association of Social Workers ; National Association of Social Workers Missouri, Arkansas, South Dakota, and Nebraska Chapters; Leadership Conference on Civil and Human Rights; President of the House of Deputies of the Episcopal Church and the Episcopal Bishops of Missouri and Nebraska; General Synod of the United Church of Christ; Reconstructionist Rabbinical Association ; Reconstructionist Rabbinical College and Jewish Reconstructionist Communities; Union for Reform Judaism; Unitarian Universalist Association; Affirmation ; Covenant Network of Presbyterians; Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns; Reconciling Ministries Network ; Reconciling Works: Lutherans for Full Participation; Parity; Muslims for Progressive Values ; More Light Presbyterians; Methodist Federation for Social Action; Family Equality Council ; COLAGE ; Constitutional Law Scholars; Historians of Marriage; Historians of Antigay Discrimination; 24 Employers; Gary J. Gates; Leadership Conference Education Fund ; Americans United For Separation of Church and State; Religious Institute, Inc., Amici on Behalf ofAppellee(s).
CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)

796 F.3d 976

Rita JERNIGAN; Pam Jernigan; Becca Austin; Tara Austin, Plaintiffs–Appellees
v.
Larry CRANE, In his official capacity as Circuit and County Clerk of Pulaski County, Arkansas, and his successors in interest, Defendant
Dustin McDaniel, In his official capacity as Attorney General for the State of Arkansas, and his successors in interest; Richard Weiss, In his official capacity as Director of the Arkansas Department of Finance and Administration, and his successors in interest; George Hopkins, In his official capacity as Executive Director of the Arkansas Teacher Retirement System, and his successors in interest, Defendants–Appellants
North Carolina Values Coalition; Liberty, Life, and Law Foundation; Dr. Paul McHugh; Robert P. George ; Sherif Girgis; Liberty Counsel; Eagle Forum Education and Legal Defense Fund, Amici on Behalf of Appellant(s)
National Women's Law Center; Connecticut Women's Education and Legal Fund ; Legal Momentum; Legal Voice; National Association of Women Lawyers; National Partnership for Women and Families; Women's Bar Association of the District of Columbia; Women's Bar Association of Illinois ; Women's Law Project; Williams Institute Scholars of Sexual Orientation and Gender Law; Howard University School of Law Civil Rights Clinic; American Sociological Association; American Psychological Association; Arkansas Psychological Association ; American Psychiatric Association; American Association for Marriage and Family Therapy ; American Psychoanalytic Association ; National Association of Social Workers ; National Association of Social Workers Missouri, Arkansas, South Dakota, and Nebraska Chapters; Leadership Conference on Civil and Human Rights; President of the House of Deputies of the Episcopal Church and the Episcopal Bishops of Missouri and Nebraska; General Synod of the United Church of Christ; Reconstructionist Rabbinical Association ; Reconstructionist Rabbinical College and Jewish Reconstructionist Communities; Union for Reform Judaism; Unitarian Universalist Association; Affirmation ; Covenant Network of Presbyterians; Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns; Reconciling Ministries Network ; Reconciling Works: Lutherans for Full Participation; Parity; Muslims for Progressive Values ; More Light Presbyterians; Methodist Federation for Social Action; Family Equality Council ; COLAGE ; Constitutional Law Scholars; Historians of Marriage; Historians of Antigay Discrimination; 24 Employers; Gary J. Gates; Leadership Conference Education Fund ; Americans United For Separation of Church and State; Religious Institute, Inc., Amici on Behalf ofAppellee(s).

No. 15–1022.

United States Court of Appeals, Eighth Circuit.

Submitted: July 8, 2015.
Filed: Aug. 11, 2015.


796 F.3d 977

Colin Jorgensen, AAG, Little Rock, AR, for Appellant.

Deborah J. Dewart, on the brief, Swansboro, NC, for North Carolina Values Coalition and Liberty, Life and Law Foundation.

Kevin T. Snider, on the brief, Oakland, CA, Gerard V. Bradley, Notre Dame, IN, for Dr. Paul McHugh.

Jefferson Downing, Thomas P. McCarty, on the brief, Lincoln, NE, Robert P. George and Sherif Girgis.

Mary E. McAlister, Lynchburg, VA, Mathew D. Staver, Anita L. Staver, Horatio G. Mihet, Orlando, FL, on the brief, for Liberty Counsel.

Lawrence J. Joseph, on the brief, Washington, DC, for Eagle Forum Education & Legal Defense Fund.

Jack Wagoner, III, Angela M. Mann, Little Rock, AR, for Appellees.

Marcia D. Greenberger, Emily J. Martin, Elizabeth Johnston, on the brief, Washington, DC, for National Women's Law Center, Connecticut Women's Education and Legal Fund, Legal Momentum, Legal Voice, National Association of Women Lawyers, National Partnership for Women and Families, Women's Bar Association of the District of Columbia, Women's Bar Association of Illinois, Women's

796 F.3d 978

Law Project, and Williams Institute Scholars of Sexual Orientation and Gender Law.

Prof. Aderson B. Francois, on the brief, Washington, DC, Benjamin G. Shatz, Brad W. Seiling of Los Angeles, CA, for Howard University School of Law Civil Rights Clinic.

Carmine D. Boccuzzi, Jr., Mark A. Lightner, Grant A. Bermann, Alexandra Eber, on the brief, New York, NY, for American Sociological Association.

Nathalie F.P. Gilfoyle, Paul M. Smith, Aaron M. Panner, on the brief, Washington, DC, for American...

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    • United States
    • U.S. District Court — Western District of Pennsylvania
    • 8 Julio 2019
    ......These cases held that state compliance with Obergefell did not moot ongoing challenges to state marriage laws. See, e.g., Jernigan v. Crane, 796 F.3d 976, 979 (8th Cir. 2015) ; Rosenbrahn v. Daugaard , 799 F.3d 918, 922 (8th Cir. 2015) ; Waters v. Ricketts, 798 F.3d 682, 686 ......
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    • U.S. District Court — District of Puerto Rico
    • 8 Marzo 2016
    ...that "[t]he [Obergefell] Court invalidated laws in Michigan, Kentucky, Ohio, and Tennessee—not Nebraska"); Jernigan v. Crane , 796 F.3d 976, 979 (8th Cir.2015)("not Arkansas"); Rosenbrahn v. Daugaard, 799 F.3d 918, 922 (8th Cir.2015)("not South Dakota"); see also Marie v. Mosier, 122 F.Supp......
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