In Bostic v. Schaefer, the American Civil Liberties Union (ACLU), the ACLU of Virginia, Lambda Legal, and Jenner & Block, LLP, represent a class of all unmarried same-sex couples in Virginia and all same-sex couples in Virginia who have already married in a different jurisdiction (the "Harris Class"). The class action was originally filed as separate litigation in the Western District of Virginia filed on behalf of Joanne Harris and Jessica Duff and Christy Berghoff and Victoria Kidd as class representatives for all same-sex couples in Virginia who wish to marry here or who have married in other jurisdictions. After a court in the Eastern District of Virginia struck down Virginia's marriage bans in Bostic, the Harris Class intervened as a party at the U.S. Court of Appeals for the Fourth Circuit to have its constitutional challenges decided as part of the Bostic litigation.

The American Civil Liberties Union and the ACLU of Missouri have filed a lawsuit in state court on behalf of six same-sex couples who are seeking recognition for their legal out-of-state marriages. The lawsuit does not seek a repeal of Missouri's ban on marriage for same-sex couples within the state.

The American Civil Liberties Union, the ACLU of Wisconsin, and the law firm of Mayer Brown have filed suit on behalf of four same-sex couples who were legally married in Wisconsin after a federal court struck down a state ban on marriage for same-sex couples, but before the judge temporarily halted marriages from taking place while the state challenged the decision. Although the marriages were valid, the state has announced that it has placed recognition of their marriages on hold indefinitely.

The American Civil Liberties Union, The ACLU of Indiana, along with attorney Sean Lemieux of the Lemieux Law Office in Indianapolis, have filed a lawsuit in federal court on behalf of 13 plaintiffs seeking the freedom marry in Indiana.