BREAKING NEWS
The 6th Circuit Court of Appeals (covering Ohio, Michigan, Kentucky and Tennessee) have upheld the marriage bans which prevent legally consenting same sex couples from marrying!
Original source story from the AP, reported by the Washington Post.
6th Circuit Court of Appeals Upholds Same Sex Marriage Ban
This was decided by a 3 Judge panel in the 6th circuit. Understandably as reported in the referenced article an attempt is being made to appeal directly to the Supreme Court, bypassing a request for review by the full panel on the 6th Circuit. This is important because we're running out of time to get this case heard by the SC in the upcoming term. Delaying this by asking for review by the full panel on the 6th circuit would almost guarantee that the SC would not have time to accept the case by January for a ruling in June 2015.
I think this is the right move for the side representing Same Sex couples.
I think it is truly a sad day that the 6th Circuit has broken from the clear trend where all other District and Appeals courts have been overturning these clearly Unconstitutional marriage bans!
But at the same time I think this will end this debate much sooner and I feel confident the SC will not only accept the case now that there is a SPLIT in the Federal circuits but they will also make a sweeping ruling overturning ALL remaining state marriage bans. This will finally usher in a mandate for Nationwide Marriage Equality!!
Understandably many of us have a different view on whether it is better and/or safer to go district by district in Federal Appeals Court. There is clearly a risk that in going to the Supreme Court that this could back-fire on us but at this stage and with over 60% of the population living in Marriage Equality states I just cannot see the SC ruling against us. I also believe the SC announced their intent by rejecting the recent Marriage appeal.
Justice Ginsberg herself indicated this when she stated in the weeks following the court’s denial of those appeals that the lack of a split in the appellate courts made Supreme Court review of the issue unnecessary.. This taken from the referenced article.