A federal appeals court panel upheld bans on same-sex marriage in four states Thursday, a break with other federal courts that makes it almost certain the Supreme Court must take up the issue of whether gay couples have a constitutional right to marry.
A panel of the U.S. Court of Appeals for the 6th Circuit in Cincinnati ruled 2 to 1 that although same-sex marriage across the nation is practically inevitable, in the words of U.S. Circuit Judge Jeffrey S. Sutton, it should be settled through the democratic process and not the judicial one.
The decision overturned lower-court rulings in Michigan, Ohio, Tennessee and Kentucky and makes the 6th Circuit the first appeals court to uphold state bans since the Supreme Court struck down part of the federal Defense of Marriage Act in 2013.
The Supreme Court began its term last month by declining to hear appeals of decisions that had gone the other way, and that move to let the rulings stand greatly expanded the number of states in which same-sex couples may marry.
The court did not explain its reasoning at the time, but Justice Ruth Bader Ginsburg has said in interviews that there was no reason for the court to jump in to settle a controversy unless there was disagreement among the lower courts.
So where does this leave us? What of those who have already married? Do they go to another state and remarry? will their existing marriage be recognized? Marriage is a contract. It has all sorts of hidden monetary benefits to it. (And it can really soak you if you UNdo the marriage.) The relationship part of marriage is really up to the individuals involved. The legal protections it offers is quite another matter. I think the business end of marriage is what is going to make same-sex marriage legal and binding. But that’s my layman’s opinion and probably not worth the ink used to type it. I just don’t see how one group can be offered all these tax benefits and marriage protection and another group can’t.
At any rate, all these cases will probably now be heard by the Supreme Court. I don’t see how states can vote on whether to ban it or not. That would be like some states banning integrated schools. We know how that worked out for some of the states. I see no difference.
SCOTUS goading. I hope the full appeals court votes to correct the panel’s mistake.
I agree. The Supreme Court will have to rule on this civil rights issue, just like they have had to do each and every time in the past.