Main | Tuesday, December 02, 2014

SCOTUSblog On Marriage Momentum

Lyle Denniston writes for SCOTUSblog:
A second state — Louisiana — told the Supreme Court on Tuesday that the Justices should consider taking on the constitutional dispute over same-sex marriage without waiting further. It is important, the state said in urging prompt review of a federal judge’s decision upholding Louisiana’s ban on such marriages, that the Court examine the dispute in a broad context to reach all of the issues.

With the filing of Louisiana’s views, paralleling the suggestion for early review made by Michigan in another case, the Supreme Court now has two new cases nearly ready for early consideration, perhaps in time for a final decision before the end of the current Term. Other cases on the issue are pending, but if the Court waits for all of the filings to be submitted in all of the cases, that could slow the process.

If the Court does move now to review any of the new appeals, Louisiana — like Michigan — wants its own ban on same-sex marriages upheld, its new filing made clear. But, at this stage, the two states have stressed the importance of advancing the controversy toward a final resolution by the only court with authority to do that, in a case or cases which lay out the issues that will shape the outcome.
Five cases are now before SCOTUS: Louisiana and all four states under the jurisdiction of the Sixth Circuit (Ohio, Michigan, Kentucky, and Tennessee.) Yesterday South Carolina asked the Fourth Circuit to hold off on hearing their appeal while they petition SCOTUS. That appeal has not yet been filed.

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