Will Supreme Court Justices Hear Michigan Gay Marriage Case?

Gay marriage could be headed for a final showdown before the U.S. Supreme Court. Justices are expected to announce Friday whether they’ll hear a Michigan gay marriage case. (Photo via Creative Commons)

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The U.S. Supreme Court is expected to announce Friday if it will add Michigan’s same-sex marriage case to its calendar this term, a decision that could finally settle an issue that has caused deep political divisions across the country.

The 6th U.S. Circuit Court was the first in a string of appeals courts to uphold the state-level bans on same-sex marriage in four states. The Michigan plaintiffs – Hazel Park nurses April DeBoer and Jayne Rowse – immediately appealed the ruling, which also upheld bans in Ohio, Tennessee and Kentucky.

Journalist Maureen Johnston wrote on the SCOTUS Blog that DeBoer v. Snyder is one of the “petitions to watch” when the justices announce what cases they’ll hear after Friday’s conference. An announcement could come as early as 3 p.m., according to sources.

At issue is whether Michigan’s voter-backed ban on same-sex marriage violates the equal protection clause – the 14th Amendment – by denying same-sex couples the right to marry.

Four other appeals courts – the 7th Circuit in Chicago, the 10th Circuit in Denver, the 9th Circuit in San Francisco and the 4th Circuit in Richmond, VA – have upheld the right of gay and lesbian couples to marry. Gay marriage is now legal in 35 states.

The appellate court split makes it more likely the justices will intervene, something Justice Antonin Scalia hinted at in a recent Radio Television Suisse interview, the Associated Press reports. When asked about gay marriage, Scalia said: “I should not speak to that directly because we will doubtless have the case in front of us fairly shortly.”

Related:

• 6th Circuit Could Be Pivotal in Gay Marriage Debate
• 6th Circuit’s Marathon Gay Marriage Hearing Signals Historic Shift
• Federal Judge Strikes Down Michigan’s Gay Marriage Ban
• 6th Circuit Stays Historic Gay Marriage Ruling
• Governor: Gay Marriages Legal, But State Won’t Recognize Them
• Supreme Court Clears Way For Gay Marriage In Virginia, 4 Other States

The DeBoer case is significant among the six the Cincinnati court heard last August because U.S. District Judge Bernard Friedman overturned the state’s voter-backed ban after a trial. In other states, there is no trial transcript, as the 6th Circuit judges made the rulings after reading written arguments where there was no cross examination.

Louisiana’s same-sex marriage ban is also before the court, but it hasn’t been heard by a federal court, so it’s doubtful the justices will agree to hear it, the Associated Press reports.

More Resources

• Read the filings with the Supreme Court