Thursday, November 06, 2014
Marriage Fight on a Platter to the Supremes
No more hiding from marriage-equality for the US Supreme Court, as the 6th Court of Appeals ruled 2 to 1 to uphold same-sex marriage bans in Kentucky, Michigan, Ohio and Tennessee. This stands alone after the 4th, 7th, 9th and 10th Courts rejected the bans and upheld lower-court rulings.
Despite the jive rhetoric of right wingers, has seldom been "activist" or "legislators from the bench." That's what wingers have called it when the Supremes or state high courts do their jobs but don't find as conservatives want.
Instead, the Supremes have largely waited until pushed hard and often enough. Every so rarely, they do something wacky, illogical and spitting in precedence, such as Citizen's United. Normally our highest court only goes into huge battles when there is a direct conflict between Courts of Appeal.
Observers figured this was eventually going to happen, even after a long, thick string of victories for equality. The 6th Circuit is very conservative and was the likely catalyst. Simply put, come out, come out. You guys have to decide. Suddenly equal protection is up against states' rights.
Today's ruling was about more than just marriage of homosexual couples. Among the cases the three-judge panel considered were whether same-sex couples could adopt, whether they had such rights as being on each other's death certificates (with all those ramifications), and whether states had to offer comity — recognizing same-sex marriages performed in other states where they are legal (i.e. most of the nation).
There is no legal option for the Supremes. They likely won't rush into this one, but will have to decide it.
Friday Update: LGBTQNation reports that the lesbian couple who sued Michigan for the right to jointly adopt their three kids are preparing an appeal to the SCOTUS. This likely will hasten the schedule for taking up the big question at the top.