Main | Tuesday, November 18, 2014

SCOTUSblog On Michigan

Lyle Denniston writes for SCOTUSblog:
The same-sex marriage constitutional controversy reached the Supreme Court on Monday in its simplest form, testing the constitutionality of a state’s denial of a right to marry for same-sex couples. That is the sole issue raised in a new petition filed by a Michigan lesbian couple who want to marry and want the right for both parents to adopt their three children. Michigan denies both. As has happened with other cases that have reached the Court on the controversy, the lawyers for the Michigan couple contended that their case was the ideal one for review. Among other reasons, they noted that this is the one case in the group that was fully tried, developing a factual record during a nine-day trial in a Detroit federal courtroom.

With a total of four petitions filed in the six cases decided by the Sixth Circuit — the Ohio and Kentucky petitions are both joint filings in two cases — the stage is now set for the cases to be submitted to the Justices, as soon as state replies are filed in some or all of the cases. It thus appears that the cases have arrived at the Court in time — if review is, indeed, granted — to be heard and decided in the Court’s current Term. To be heard and decided before the Justices complete this Term in late June or early July, the cases would have to be ready for the Justices to consider by mid-January. With the current split among federal appeals courts, it would be most surprising for the Court to refuse to hear any of this round of cases. It is up to the Justices to accept or deny each or all of the petitions.
Michigan, it could all be up to you. And remember what the original judge in that case said: "The Court finds Regnerus’s testimony entirely unbelievable and not worthy of serious consideration."

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