Monday, January 12, 2015

Supreme Court Delays Action on Gay Marriage

The Supreme Court delayed action Friday on its most closely watched deliberation -- whether to rule this year on states' remaining bans against same-sex marriage.
After considering petitions filed by gay and lesbian couples in five states that still prohibit gay and lesbian nuptials, the justices did not agree to hear any of them. Their decision could come next week.
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If the issue is to be resolved during the court term ending in June, the justices must choose to hear one or more cases before the end of the month. That would allow time for briefs to be filed, oral arguments heard and a ruling rendered by late June.
Although the decision did not come Friday, the justices' hands most likely will be forced by a split among federal appellate courts, created when the U.S. Court of Appeals for the 6th Circuit upheld four states' marriage bans in November. While gays and lesbians can marry in 36 states, most recently including Florida, the practice is banned in Michigan, Ohio, Kentucky and Tennessee, along with 10 other states.
Justices Scalia and Kennedy
[...]
The justices appear as split now as they were then, when Justice Anthony Kennedy wrote the 5-4 decision striking down a key part of the federal Defense of Marriage Act. In dissent, Justice Antonin Scalia warned that it would lead to exactly what has happened since. ...
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