Oct 01 2014
Supreme Court watchers are eagerly anticipating word whether the Court will decide to take up the issue whether same-sex couples have a constitutional right to get married. In recent weeks, SCOTUSblog and other news sources reported on the Court’s “long conference” on September 29, where petitions for writs of certiorari in several marriage cases were scheduled for consideration.
If the court declines to address the issue in this Term, the chief consequence would be freedom to marry in 11 states. Federal District Court and Circuit Court of Appeals rulings have struck down marriage bans, but those rulings have been stayed (see here, here and here) pending action by the Supreme Court. Once the stays are lifted, the rulings take effect.
Reports of the oral argument in the 6th Circuit Court of Appeals in August suggested the panel in that case appeared more inclined to uphold the state marriage bans than judges in other Circuit Courts. In an appearance at the University of Minnesota Law School, Justice Ginsburg commented that unless the 6th Circuit upheld a same-sex marriage ban, thus creating a split among the circuits, there would be “no urgency” for the Court to take up the issue in the short term.
To date, there is no word whether the Court will grant certiorari on any of the cases discussed at Monday’s conference. When those decisions have been made, they will be announced in the Court’s Order lists. And there will be extensive coverage in the news outlets that cover the Court. Stay tuned.