The Baehr v Miike case is now on appeal to the Supreme Court of Hawaii, with all appeal briefs now filed.

The Defendant-Appellant (the Director of the Health Department, State of Hawaii), has filed his opening brief in the appeal. The Plaintiffs-Appellees (the three couples suing for marriage rights) have filed their answering brief. The Defendant-Appelant has filed his reply brief. Nineteen amicus curiae briefs have been filed by various amici. Amicus curiae briefs are "friend of the court" briefs filed by parties that claim to have an interest in advising the court.

The state has moved to delay the decision until after the November 1998 elections while the couples have moved to expedite the decision. The Supreme Court rejected both motions.