Friday, November 07, 2014

Supreme Court Likely to Take Gay Marriage Case

I am not easily surprised in politics or constitutional legal cases, but yesterday's decision by a three judge panel of the 6th Circuit Court of Appeals upholding four state bans on homosexual marriage was a bolt from the blue. With that decision we now have incompatible opinions on a critical constitutional issue at the appellate court level. I see no means by which the Supreme Court can continue to duck the matter. They will take the case, perhaps even hearing arguments late during this term.

An issue I had thought settled has suddenly become very unsettled. However, while I am extremely pleased, I will let the champagne chill until the SCOTUS hands down its ruling.


CJ said...

They can avoid it if the 6th circuit holds an en banc hearing and reverses the 3 judge panel. That's pretty much what I expect. Even if it does go to the Supremes, Kennedy has made his position abundantly clear in the dicta from the DOMA case, so we know where this is heading. It's just a matter of how long it takes to get there.

John (Ad Orientem) said...

From what I am hearing, neither side is planning to request an en banc hearing. Both sides seem to want this to go to the SCOTUS. As for your suspicions about which way the court will roll, I pretty much agree. Hence I am not pooping any corks on the bubbly just yet.