Sixth Circuit Upholds Gay Marriage Ban

[silverscreenselect]

The Sixth Circuit Court of Appeals, in a 2-1 decision, overturned lower court decisions in Michigan, Ohio, Kentucky, and Tennessee that had ruled against gay marriage bans in those states. The Sixth Circuit decision in essence restores those bans and makes gay marriage illegal in those states (and presumably any other states in the circuit with similar laws). Two Republican-nominated judges formed the majority, while a Democratic-nominated judge dissented. The decision (which goes against decisions in four other circuits) makes it considerably more likely the Supreme Court will be addressing the issue in the near future.

http://www.usatoday.com/story/news/nati ... /15712319/

[Bob78164]

I agree. Advocates of same-sex marriage could seek en banc review from the entire Sixth Circuit but it looks like they're going to go for broke by pushing for immediate review by the Supreme Court. I hope this isn't a case of "be careful what you wish for."

One minor point. Those are the only four states in the Sixth Circuit. --Bob

[ten96lt]

I agree. Advocates of same-sex marriage could seek en banc review from the entire Sixth Circuit but it looks like they're going to go for broke by pushing for immediate review by the Supreme Court. I hope this isn't a case of "be careful what you wish for."

One minor point. Those are the only four states in the Sixth Circuit. --Bob

I think that's kinda dangerous that they're bypassing en banc (especially if the full panel is majority D), because SCOTUS could easily just not want to touch it and leave the 6th circuit out on their own.

[jarnon]

I agree. Advocates of same-sex marriage could seek en banc review from the entire Sixth Circuit but it looks like they're going to go for broke by pushing for immediate review by the Supreme Court. I hope this isn't a case of "be careful what you wish for."

One minor point. Those are the only four states in the Sixth Circuit. --Bob

I think that's kinda dangerous that they're bypassing en banc (especially if the full panel is majority D)

These are the other active judges of the Sixth Circuit Court of Appeals, and the Presidents who appointed them:

Code: Select all

Chief Judge R. Guy Cole, Jr.       Clinton
Judge Danny J. Boggs               Reagan
Judge Alice M. Batchelder          G. Bush
Judge Karen Nelson Moore           Clinton
Judge Eric L. Clay                 Clinton
Judge Julia Smith Gibbons          G. W. Bush
Judge John M. Rogers               G. W. Bush
Judge David W. McKeague            G. W. Bush
Judge Richard Allen Griffin        G. W. Bush
Judge Raymond M. Kethledge         G. W. Bush
Judge Helene N. White              G. W. Bush
Judge Jane Branstetter Stranch     Obama
Judge Bernice B. Donald            Obama

because SCOTUS could easily just not want to touch it and leave the 6th circuit out on their own.

Even more dangerous, the Supreme Court could rule in favor of the states, and overturn the decisions in other circuits. Same-sex marriage advocates in other states may pressure the ones in the Sixth Circuit not to appeal.

[ten96lt]

Double post*

[Bob78164]

I agree. Advocates of same-sex marriage could seek en banc review from the entire Sixth Circuit but it looks like they're going to go for broke by pushing for immediate review by the Supreme Court. I hope this isn't a case of "be careful what you wish for."

One minor point. Those are the only four states in the Sixth Circuit. --Bob

I think that's kinda dangerous that they're bypassing en banc (especially if the full panel is majority D)

These are the other active judges of the Sixth Circuit Court of Appeals, and the Presidents who appointed them:

Code: Select all

Chief Judge R. Guy Cole, Jr.       Clinton
Judge Danny J. Boggs               Reagan
Judge Alice M. Batchelder          G. Bush
Judge Karen Nelson Moore           Clinton
Judge Eric L. Clay                 Clinton
Judge Julia Smith Gibbons          G. W. Bush
Judge John M. Rogers               G. W. Bush
Judge David W. McKeague            G. W. Bush
Judge Richard Allen Griffin        G. W. Bush
Judge Raymond M. Kethledge         G. W. Bush
Judge Helene N. White              G. W. Bush
Judge Jane Branstetter Stranch     Obama
Judge Bernice B. Donald            Obama

because SCOTUS could easily just not want to touch it and leave the 6th circuit out on their own.

Even more dangerous, the Supreme Court could rule in favor of the states, and overturn the decisions in other circuits. Same-sex marriage advocates in other states may pressure the ones in the Sixth Circuit not to appeal.

That's not going to happen. The only decision is whether to seek en banc review first. There's no way marriage-equality advocates will sit tight with a decision denying marriage equality in four states. --Bob

[themanintheseersuckersuit]

http://www.washingtonpost.com/news/volo ... iage-laws/

[silverscreenselect]

http://www.washingtonpost.com/news/volo ... iage-laws/

There's no difference between the anti-gay marriage laws and the miscegenation laws that were struck down a half century ago. The earlier laws distinguished on the basis of race who one could and could not marry, and these laws distinguish on the basis of sex. Rational classification analysis doesn't apply here. It's hard to see any compelling state interest that justifies allowing Anna Nicole Smith's farce of a marriage but puts a blanket prohibition on gay marriage.

[Bob78164]

http://www.washingtonpost.com/news/volo ... iage-laws/

Given that the Supreme Court has characterized marriage as a fundamental right, I don't see any way to avoid at least some level of heightened scrutiny. --Bob

[Bob78164]

The Supreme Court granted certiorari. Two and a half hours of argument in April. Decision expected by June. --Bob