The Supreme Court has announced that it will hear arguments and hand down a ruling on whether same-sex marriage is a right guaranteed by the constitution or whether individual states have the right to ban same-sex marriages. The court will begin hearing arguments in April, and a ruling can be expected in June.
In October of 2014, the court had an earlier opportunity to take up this question, but declined to do so when they decided not to hear arguments. Why change their minds now? The National Constitution Center explains that because the five states petitioning the court in October were all in unison on the correct course of action (all five states were pursuing striking down state prohibitions on same-sex marriage), the court didn’t feel the need to act. Now, the four states petitioning the court — Tennessee, Ohio, Kentucky, and Michigan — are divided in their rulings, the Supreme Court has chosen to become involved.
The denial of review of cases from five states in October was easily explained: at that time, the federal appeals courts were in unison in striking down state prohibitions on same-sex marriage. That circumstance changed in early November, when a federal appeals court in Cincinnati upheld the bans in the states of Kentucky, Michigan, Ohio and Tennessee.
This ruling will have major consequences. If same-sex marriage is decided to be a right protected by the constitution, then no state in the union will be allowed to legislate a ban on same-sex couples marrying. This isn’t quite the same thing as “legalizing” same-sex marriage, and is more like prohibiting state governments from making it illegal, but would still have the effect of allowing many couples to marry who currently cannot. This, combined with the repeal of DOMA in 2013, would mean that same-sex couples who chose to marry would face a very similar legal landscape as different-sex couples.
If the Supreme Court rules in favor of states’ rights to ban same-sex marriage, it wouldn’t take away marriage rights from states which don’t have those bans, but it would empower states which are currently trying to enact them to do so. The precedent would also likely make it much more difficult for the federal government to grant the right to marry nationwide if it were ever interested in doing so.
The current set of legal views represented on the Supreme Court bench makes it difficult to predict how this ruling will go. When the arguments begin in April, we’ll have a better chance of knowing what ruling to expect.
Update: Attorney General Eric Holder released a statement on SCOTUS’ decision to hear these cases, saying the Obama administration is “committed to ensuring that the benefits of marriage are available as broadly as possible” and that the Justice Department plans to “file a ‘friend of the court’ brief in these cases that will urge the Supreme Court to make marriage equality a reality for all Americans. It is time for our nation to take another critical step forward to ensure the fundamental equality of all Americans—no matter who they are, where they come from, or whom they love.”
oh my gods oh my gods. O.o
crossing my fingers and also just generally excited to see what notorious has to say about all of this
What an incredible day it will be when all of us can marry whoever we choose.
Crossing my fingers and my toes
Saw someone mention it on Twitter and of course ran straight here… I don’t even mess around anymore when it comes to these kinds of stories. Autostraddle: The Trusted Voice (TM)
Come on Ohio! As someone who recently passed Constitutional Law with an ever-so-slightly above average grade, my very professional opinion is that we’re winning this one.
“Ever-so-slightly above average” is still impressive…all hail the mighty law school curve! Straight medians this semester myself. :'(
go team law school! i’m sure you’ll make a fantastic lawyer; law school grades mean exactly nothing!
As somebody who moved from South Carolina to Tennessee like 3 months before same sex marriage became legal in SC and is currently engaged I am very hopeful that this will turn out well because right now I’m just bitter.
Hi, SC transplant. SC lawmakers are still trying to screw everybody here over: as usual, they’re going with “the federal government can’t tell us what to do.” In spite of the current ruling, they’re still fighting. A lot of people I know are still afraid to marry until the Court makes a ruling because they’re afraid the state will actually succeed in overturning the ruling somehow.
I’m expecting secession. Again.
Equal parts terrified and hopeful. I almost can’t believe it’s finally happening.
Wow wow wow this is actually kind of huge. Especially with that “friend of the court” thing… man oh man this could happen??? I don’t want to get my hopes up, but wow it could happen!
I have been looking forward to the day the Supreme Court would take this case, but now that it’s here…
…all I feel is completely mentally and physically anxious about it.
I don’t want to just cross my fingers! So angering that this is even a question!
I’ve always supported gay marriage and protested, etc. Personally, however, I have always trusted that it would happen, no worries. Maybe it’s the finality of the decision that is stressing me? There’s no more “Well, that state made the decision, but there are other states and higher courts…” since the Supreme Court is the highest.
(I am rambling, but I have nobody awake to process the feels I am having right now. So if you read this, cool, thanks.)
I understand you– I feel the same way. About the fact that there has been the ongoing possibility that the rulings could go higher. I’ve been waiting for this to be federal, not state-by-state. As it stands now, it just all has kind of an iffy, unstable feel. Or maybe I’m high-strung.
Supreme Court, you’re playing with my heart. Should my boo and I go ahead and get married in PA as planned, or wait and see what happens in Ohio?
Get married in PA. Then, depending on what happens, renew vows in Ohio
I wouldn’t be surprised if they split the decision allowing states to ban/refuse to conduct same sex marriage but force every state to recognize marriages performed elsewhere. Justice Ginsberg spoke about not wanting to create a new roe Vs wade which lead to a entrenched pro-life movement. The last appeals court also wrote about wanting it decided in legislation.
In practice, LGBT couples would have to drive and get marriage s.
As someone who lives in Michigan and would like to get married eventually, this is almost more nerve wracking than exciting. For all the couples in my life who want to be legally recognized in our state along with myself, I want this so badly. Also, I’m tempted to walk around with a sign that says, “What about me doesn’t deserve equality?” and see what happens.
Yeah Michigan Buddy! Completely agree, our state is particularly eager to erase all legal traces of the LGBT community. Very frustrating indeed. Must be the bitter winter that made them turn all cold-hearted.