[JURIST] The US Court of Appeals for the Fifth Circuit [official website] heard oral arguments [court schedule] on Friday regarding the constitutionality of same-sex marriage bans in Texas, Louisiana and Mississippi. Federal courts overturned the same-sex marriage bans in Texas and Mississippi, while another federal court upheld Louisiana’s ban [JURIST reports]. Campaign for Southern Equality (CSE) [advocacy website], representing gay and lesbian couples in Mississippi in this litigation, have argued that the marriage laws are the product of unconstitutional animus [brief, PDF], rather than legitimate state concerns. Speaking in regards to the case, CSE’s Executive Director Rev. Jasmine Beach-Ferrara has said: “We are hopeful that the freedom to marry will soon become a reality for LGBT families all across Mississippi and that the harms of discrimination that have been felt by so many will soon cease.”

The debate over the legalization of same-sex marriage [JURIST backgrounder] is one of the most contentious legal issues [JURIST op-ed] in the US. On Monday Miami-Dade became the first county in Florida to issue marriage licenses to same-sex couples [JURIST report] after a judge lifted a stay on her July decision holding that bans on same-sex marriage violated equal protection rights. On Saturday the governor of Idaho and his Attorney General separately filed petitions [governor’s petition, PDF; attorney general’s petition, PDF] to the US Supreme Court [official website] to appeal a court decision legalizing same-sex marriage in Idaho [JURIST report]. In October the Court declined to hear [JURIST report] seven pending same-sex marriage cases, allowing those appeals court rulings to stand and effectively legalizing same-sex marriage in several states. The Supreme Court has yet to issue a nationwide ruling on same-sex marriage. In certain states the court’s avoidance has created confusion and legal uncertainty [JURIST op-ed]. However, the current circuit split increases the likelihood that the Court will issue a ruling in regards to same-sex marriage.