Latest Gay Marriage Ruling May Finally Pressure the Supreme Court To Act

A federal appeals court in Cincinnati upheld bans on same-sex marriage in four states Thursday, creating a conflict in the courts that puts renewed pressure on the Supreme Court to decide whether gay couples have a constitutional right to wed.

The 2-1 ruling, from a panel of the Sixth U.S. Circuit Court of Appeals, breaks with other courts that recently struck down state bans on gay unions. Until Thursday no federal appeals court had upheld a law barring same-sex marriage, following the Supreme Court’s June 2013 ruling in U.S. v. Windsor striking down the 1996 Defense of Marriage Act’s denial of federal benefits for same-sex married couples.

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The high court in October passed up the chance to review several rulings invalidating marriage bans in a number of states, in part, Justice Ruth Bader Ginsburg has said, because there was no conflict in the lower courts to resolve. Disagreement between federal appeals courts is a main reason the Supreme Court steps in to resolve a legal issue.

Thursday’s ruling allows Kentucky, Michigan, Ohio and Tennessee to continue enforcing constitutional bans on same-sex marriage.

Federal district courts had ruled for same-sex couples in all four states, where few marriages have taken place. County clerks in Michigan issued more than 300 marriage licenses to same-sex couples before the appeals court reinstated the ban while an appeal proceeded. Marriages haven’t take place in the other states, gay-rights groups said.

“Michigan’s constitution remains in full effect,” said state Attorney General Bill Schuette, a Republican. “As I have stated repeatedly, the U.S. Supreme Court will have the final word on this issue. The sooner they rule, the better, for Michigan and the country,” he said.

A spokesman for Ohio Gov. John Kasich, a Republican, said, “The governor agrees with and supports the court’s decision.”

Democratic Kentucky Gov. Steve Beshear, in a statement, said, “I expect the plaintiffs to appeal this ruling quickly, and I urge the Supreme Court to take up this issue.”

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