No SCOTUS marriage announcement today

Timothy Kincaid

January 9th, 2015

The Supreme Court met today to determine which cases they will accept this year. Among those in consideration were the marriage cases from the Sixth Circuit (Michigan, Ohio, Kentucky, and Tennessee) and Louisiana.

The Louisiana case (which was also heard this morning in the Fifth Circuit Court of Appeals) is one of the few since the Windsor case in which a federal judge has ruled against equality. The Sixth Circuit is the only appellate court, to date, to rule in favor of anti-gay bans on marriage.

There was some expectation that the Supreme Court would release it’s decision to hear one or all of these cases today. However, no such decision has been announced.

This does not mean that the court will not hear any of these cases. Further announcements will be made Monday and could be made any time before the end of the month. The possible outcomes of today’s deliberation could be:

  • That none of the cases are heard. This would leave the nation divided as to whether the US Constitution allows legislation and state constitutional provisions designed to disadvantage gay citizens and deny them equal status under the law. This is unlikely.
  • That one or all of the cases are heard. This would result in another argument before SCOTUS which would probably answer the question once and for all. Marriage equality supporters predict that the court would rule that anti-gay laws are disallowed by the either the Due Process or Equal Protections provision of the US Constitution (or both).
  • That the court reverses the ruling of the Sixth Circuit outright. While this is not terribly likely, it would be very fitting in that it would treat bigotry with the same measure of cavalier distain that it treated equality 44 years ago in the Baker case.


January 10th, 2015

A fourth possibility, also unlikely, is that SCOTUS will send the 6th Circuit decision back for reconsideration, with clarifications (e.g. – it IS a federal matter, Baker is no longer controlling, perhaps also the level of scrutiny to apply, etc.).

Timothy Kincaid

January 10th, 2015

Thank you, Victor. That is indeed a possibility – and while unlikely, it’s more likely than the third on the list.

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