6th Circuit Could Be Pivotal in Gay Marriage Debate

Gay couples celebrated during the 24-hour period last spring when gay marriage was legal in Michigan. Their marriages remain in a state of legal limbo pending the outcome of an appeal before the 6th U.S. Circuit Court of Appeals. (Photo: Getty Images)

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The U.S. Supreme Court’s refusal to hear appeals from four states attempting to block same-sex marriage means appeals currently under consideration by the 6th U.S. Circuit Court of Appeals could have added significance.

If the 6th Circuit ends marriage equality advocates’ winning streak – which at least one of the three judges who heard arguments on cases in Michigan, Ohio, Tennessee and Kentucky suggested might happen – the issue could come to a final showdown before the high court.

Two of the Republican-appointed justices on the 6th Circuit’s three-judge review panel who heard arguments in August were skeptical the notion that bans like the one imposed by Michigan voters in 2004 are unconstitutional, MSNBC said the 6th Circuit may marriage equality advocates’ winning streak.

The New York Times reported that Judge Jeffrey Sutton, who was appointed by former president George W. Bush, said same-sex rights should be decided at the ballot box. “.

“I’d have thought the best way to get respect and dignity is through the democratic process,” he said.

Sutton is expected to be a swing vote. Judge Deborah L. Cook, also appointed by Bush, is viewed by experts as a strong conservative whose vote could support the bans, while Judge Martha Craig Daughtrey, appointed by former president Bill Clinton, seemed solidly in the marriage equality camp, MLive reports.

The Supreme Court’s refusal to hear the appeals means that same-sex marriage is now legal in 30 states. The 9th Circuit in San Francisco is weighing the constitutionality of bans in Idaho, Nevada, Alaska, Arizona and Montana in a ruling that could come soon.

Related:

• Judge Rules Ban Unconstitutional; Wedding Bells Can Ring for Gay Michigan Couples
• 6th Circuit Stays Historic Gay Marriage Ruling
• Governor: Gay Marriages Legal, But State Won’t Recognize Them
• 6th Circuit’s Marathon Gay Marriage Hearing Signals Historic Shift
• Supreme Court Clears Way For Gay Marriage In Virginia, 4 Other States

In her review of the U.S. Supreme Court’s new term Monday, NPR correspondent Nina Totenberg said a ruling by the 6th Circuit that supports the ban could create the kind of conflict the high court likes to resolve.

For now, marriage equality advocates in Michigan are celebrating, the Detroit Free Press reports.

“I’m elated,” said Dana Nessel, the attorney who the represents April DeBoer and Jayne Rowse, the two Hazel Park women who challenged Michigan’s ban.

“I think it’s thrilling that marriage equality is now the law of the land in so many more places,” she said.

ACLU of Michigan Executive Director Kary Moss said justices’ refusal to hear appeals on the bans are a powerful “signal that the court is not going to interfere with lower court decisions to allow marriages to go ahead.”

“It’s very good news overall for those who care about marriage equality,” she said.

Last month during a speaking engagement at the University of Minnesota, Supreme Court Justice Ruth Bader Ginsburg said the 6th Circuit ruling could be pivotal, Bloomberg reports. If the 6th Circuit rejects the bans, there will be “no need for us to rush,” she said.

She noted that the Michigan case is the only one before appeals courts that went to a trial, and the court might prefer a case with a trial transcript.

It’s unclear when the 6th Circuit will rule.

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