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Gay marriage bans in four states upheld on appeal


Zach Caldwell

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Michigan, Ohio, Kentucky and Tennessee are the four states affected by this ruling. For now the bans remain in place in those states.

 

Should be noted, this creates a split in the Circuit courts of appeals. A key criteria that the United States Supreme Court said it would not take up marriage cases because all the circuits were ruling the same way. Now with the 6th circuit ruling in favor of the bans, the stage is set for the SCOTUS to take up the marriage equality issue and settle it once and for all.

 

Here is the article http://www.usatoday.com/story/news/nation/2014/11/06/gay-marriage-appeals-court-ohio-michigan-kentucky-tennessee/15712319/

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I am willing to bet the 6th did this so it would have to be settled on a national stage.

 

It needs to be dealt with once and for all

As I understand it, I live in Tennessee by the way. The 6th circuit heard the cases but refused to release a decision. As they put it, the issue was likely to be taken up by the Supreme Court. So in other words, the Circuit court was betting that SCOTUS would take up the cases before it thus letting them (6th) off the hook.

 

As to the court doing this just to get it to SCOTUS to settle it nationally. I doubt it, the 6th court decision was written a long time ago. It was not even updated to correct the facts. For example the Judge writing for the majority, referred to 19 states that allowed marriage equality. Which as we all know it is 32 states now. So they have been sitting on this for some time and was hoping SCOTUS would keep their ass out of the fire so to speak. The marriage equality folks, are either going to ask for an en banc review of the full 6th circuit, or they will go directly to SCOTUS.

 

Sadly, this means that myself and many more will have to wait much longer for the issue to be settled.

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I think Zach is right on this one. I think the court wanted to not have to rule on the issue, for whatever reasons. When the Supreme Court declined to take the marriage cases, it put the 6th Circuit Court of Appeals back into the hot seat so to speak. If they were doing this to help or force the Supreme Court to take up the issue, then they should of released their decision prior to the Supreme Court deciding to take the cases. Reading the decision it is clear to me they sat on this decision for some time.

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UPDATE: Same-Sex Couples in all four states heading to Supreme Court after Appeals Court loss. I do not believe this is a surprise to anyone. Marriage equality will not be in SCOTUS court. The debate now, I suppose, is will the court rule broadly effecting all states, or will they chicken out and find a way to rule narrowly. With the Appeals courts in conflicts, it seems to me, this is where the high court will, and should make the final decision to affect all states.

 

http://www.buzzfeed.com/chrisgeidner/same-sex-couples-lawyers-plan-next-steps-after-key-appeals-c

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