But last week the 9th Circuit “remanded to the district court with instructions to dismiss the case as moot because the Marriage Equality Act,” according to a press release from Honolulu law firm Alston Hunt Floyd & Ing.
Hawaii Governor Neil Abercrombie holds up pen after signing the Same Sex Marriage Equality Act at the Hawaii Convention Center, Nov. 13, 2014.
PF Bentley/Civil Beat
The act, which provides marriage equality for same-sex couples, was passed by the Hawaii Legislature in a special session a year ago and took effect Dec. 2.
Alston Hunt Floyd & Ing attorney Clyde J. Wadsworth, co-counsel for the plaintiff-appellants, argued the case before the 9th Circuit on Sept. 8.
“We are glad to see the district court judgment vacated,” said Wadsworth, “particularly in light of the 9th Circuit’s decisions striking down discriminatory marriage laws in Idaho and Nevada.”
After Kay upheld Hawaii’s law, Jackson v. Abercrombie was appealed to the 9th Circuit, where it was placed on hold pending the U.S. Supreme Court’s decisions regarding the Defense of Marriage Act.
DOMA denied federal benefits to legally married gay couples, but in June 2013 the court struck down that part of DOMA.
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