Same-sex marriage appears headed for Supremes after all

A three-judge panel of the 6th Circuit (Michigan, Ohio, Kentucky, Tennessee) has upheld the bans on same-sex marriage in those states.

Now, this could be appealed to the full court of the 6th Circuit, or head straight for the Supreme Court. Unless the full 6th court overrules the panel, the Supremes almost have to hear this appeal, as it conflicts with all other federal court rulings on same-sex marriage.

http://www.cnn.com/2014/11/06/us/same-sex-marriag … ?hpt=hp_t2


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  • Yeah, Triton, that ass of Furball's is HOTT and hairy - a great combo
    rjzip 11/10/2014 05:18 PM
  • This particular ruling sucks, but it might be a good thing if it forces the Supreme Court to rule. It's hard to imagine the court's gay rights majority backtracking on marriage rights now that it has let federal courts make marriage equality a reality in 13 additional states just in the past couple of months. To pull the rug out from under all that many people would be cruel and just wouldn't make sense. I think the horse is already out of the barn on this one.

    But a Supreme Court ruling would settle the issue once and for all, so that wouldn't be a bad thing at all.

    We still have 3 more circuit courts to rule. I wonder how long the Supremes will wait before taking a marriage rights case?
    BearinFW 11/09/2014 08:02 PM
  • I agree RJ! It's a big problem. Judge Martha Craig Daughtrey, who wrote the dissent, takes Judge Jeffery Sutton to task for his logic. Here's Daughtrey's opening paragraph in her dissent:

    The author of the majority opinion has drafted what would make an engrossing TED Talk or, possibly, an introductory lecture in Political Philosophy. But as an appellate court decision, it wholly fails to grapple with the relevant constitutional question in this appeal. … Instead, the majority sets up a false premise—that the question before us is “who should decide?”—and leads us through a largely irrelevant discourse on democracy and federalism. In point of fact, the real issue before us concerns what is at stake in these six cases for the individual plaintiffs and their children, and what should be done about it. Because I reject the majority’s resolution of these questions based on its invocation of vox populi and its reverence for “proceeding with caution” (otherwise known as the “wait and see” approach), I dissent.

    Mark Stern, writer for Slate, cover's Daughtrey's dissent--it's a good read: http://www.slate.com/blogs/outward/2014/11/07/the … umane.html
    furball 11/09/2014 09:18 AM
  • This quote tells me what the problem is with this ruling:

    "Instead of recognizing the plaintiffs as persons, suffering actual harm as a result of being denied the right to marry where they reside or the right to have their valid marriages recognized there," Daughtrey said, "my colleagues view the plaintiffs as social activists who have somehow stumbled into federal court."
    rjzip 11/09/2014 06:13 AM