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Gay marriage ruling sets stage for Supreme Court showdown
Associated Press | 6:29 pm EDT November 6 2014
Associated Press | 6:29 pm EDT November 6 2014
Gay marriage supporters rallied in Cincinnati on Aug. 6 as the 6th U.S. Circuit Court of Appeals there heard arguments on gay marriage fights in four states
IMAGE: AL BEHRMAN/ASSOCIATED PRESS
CINCINNATI — A federal appeals court on Thursday upheld anti-gay marriage laws in four states, breaking ranks with other courts that have considered the issue and setting up the prospect of Supreme Court review.
The 6th U.S. Circuit Court of Appeals panel that heard arguments on gay marriage bans or restrictions in Ohio, Michigan, Kentucky and Tennessee on Aug. 6 split 2-1, with Circuit Judge Jeffrey Sutton writing the majority opinion. The ruling creates a divide among federal appeals courts, increasing the likelihood the Supreme Court will now take up the issue.
The high court on Oct. 6 unexpectedly turned away appeals from five states seeking to prohibit gay and lesbian unions. The court's order effectively made gay marriage legal in 30 states. The San Francisco-based 9th Circuit Court of Appeals the next day overturned same-sex marriage bans in Idaho and Nevada, the fourth federal appeals court to rule against state bans.
But now that a different federal appeals court has upheld gay marriage bans, the disagreement at the appellate level may finally force the Supreme Court to step in and actually hear a case. The nation's highest court would have to decide whether states can ban gay marriage or whether gay and lesbian couples have a fundamental right to marry under the U.S. Constitution. Thirty-two states recently asked the Supreme Court to settle the issue once and for all.
Justice Ruth Bader Ginsburg recently told a Minnesota audience that the 6th Circuit's then-pending ruling would likely influence the high court's timing, adding "some urgency" if it allowed same-sex marriage bans to stand.
The 6th Circuit's ruling on Thursday concluded that states have the right to set rules for marriage.
It followed more than 20 court victories for supporters of same-sex marriage since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year.
During the Aug. 6 arguments, it was apparent that Sutton would be the deciding vote, with the two other judges clearly on opposite sides of the debate.
Sutton vigorously questioned each side's attorneys, though he repeatedly expressed deep skepticism that the courts were the best place to legalize gay marriage, saying that the way to win Americans' hearts and minds is to wait until they're ready to vote for it.
"I would have thought the best way to get respect and dignity is through the democratic process," Sutton, a George W. Bush nominee, said at the time. "Nothing happens as quickly as we'd like it."
Michigan's and Kentucky's cases stem from rulings striking down each state's gay marriage bans. Ohio's two cases deal only with the state's recognition of out-of-state gay marriages, while Tennessee's is narrowly focused on the rights of three same-sex couples.
Plaintiffs include a Cincinnati man who wants his late husband listed as married on his death certificate so they can be buried next to each other in a family-only plot and a Tennessee couple who both want to be listed on their newborn daughter's birth certificate.
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