Quantcast
Get breaking news alerts via email

Click here to manage your alerts
Utah case just one among gay marriage arguments flooding federal courts
First Published Aug 05 2014 09:32 am • Last Updated Aug 05 2014 03:18 pm

Cincinnati • Federal appeals courts soon will hear arguments in gay marriage fights from nine states, part of a slew of cases putting pressure on the U.S. Supreme Court to issue a final verdict.

If the appeals judges continue the unbroken eight-month streak of rulings in favor of gay marriage, that could make it easier for the nation’s highest court to come down on the side of supporters.

Join the Discussion
Post a Comment

If even one ruling goes against them in the four courts taking up the issue in the coming weeks, it would create a divide that the Supreme Court also could find difficult to resist settling.

"We’re going to be racking up more courts of appeals decisions, and every one we get puts more pressure on the Supreme Court to weigh in," said Douglas NeJaime, a law professor at the University of California-Irvine. "It’s very likely the Supreme Court ultimately settles this question. Given how quickly things have moved, it’s hard for the court to avoid this in the short term."

A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati will hear arguments from attorneys in six cases from Kentucky, Michigan, Ohio and Tennessee, all Wednesday, the most of any federal appeals court so far.

Similar arguments are set for Aug. 26 in the 7th Circuit in Chicago, for bans in Wisconsin and Indiana, and for Sept. 8 in the 9th Circuit in San Francisco, for bans in Idaho and Nevada. The 5th Circuit in New Orleans is expected to soon set a date to hear arguments on Texas’ ban.

The flurry of arguments means an upcoming spate of rulings, possibly all issued this autumn, that could profoundly alter the nation’s marriage laws.

If the four federal circuit appeals courts rule in favor of gay marriage, then nine states with pending appeals stand to have their bans stricken down altogether or ordered to recognize out-of-state gay marriages: Ohio, Michigan, Tennessee, Kentucky, Texas, Indiana, Wisconsin, Idaho and Nevada, though the decisions likely would be put on hold for a Supreme Court ruling.

Five additional states under those four circuit courts have gay marriage lawsuits awaiting decisions by federal judges: Alaska, Arizona, Louisiana, Mississippi and Montana.

Observers say the 6th or 5th circuits could deliver the first victory for gay marriage opponents.


story continues below
story continues below

The three judges at the 6th Circuit set to hear gay marriage arguments Wednesday are Jeffrey S. Sutton and Judge Deborah L. Cook, both George W. Bush nominees, and Martha Craig Daughtrey, a Clinton nominee.

Among them, Sutton is considered to be the least predictable.

In 2011, he shocked Republicans when he became the deciding vote in a 6th Circuit ruling that upheld the Obama administration’s health care overhaul.

"This is the kind of thing where you could see the conservative with a libertarian bent coming out in favor of gay marriage, but who knows?" said Mark Tushnet, a constitutional law professor at Harvard. "Having done Obamacare and maybe screwed his own chances for the Supreme Court, Sutton may feel liberated to do what he thinks is the right thing and go for marriage equality, or he may try to rehabilitate himself and go against it."

Carl Tobias, a law professor at the University of Richmond, said he could see the 6th ruling in either direction, considering Sutton’s unpredictability.

Still, opponents of gay marriage likely could rely on the 5th Circuit to give them a win. The court is heavily conservative, and the odds of a majority or full panel of Republican nominees is much likelier there.

Plaintiffs in the 6th Circuit case include a Cincinnati man who wants his dead husband listed as married on his death certificate so they can be buried next to each other in a family-only plot, and a Knoxville, Tennessee, couple who say they want to both be listed on their newborn daughter’s birth certificate.

Gay marriage supporters, including former Ohio Gov. Ted Strickland, are holding a rally Tuesday at a downtown Cincinnati park. More rallies by supporters and opponents are expected outside the courthouse Wednesday.

Two federal appeals courts already have ruled in favor of gay marriage in split decisions, one in Denver in June and another in Richmond, Virginia, last week. On Tuesday, Utah formally filed its appeal of the June ruling in Denver’s 10th Circuit, asking the U.S. Supreme Court to take up the case and uphold the state’s ban.

The burst of action across the nation on gay marriage was spurred by a Supreme Court decision last year that struck down part of the Clinton-era federal Defense of Marriage Act but stopped short of forcing states to legalize or recognize gay marriage.

Since then, supporters of gay marriage have won more than 20 legal decisions declaring statewide gay marriage bans unconstitutional.

Next Page >


Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Top Reader Comments Read All Comments Post a Comment
Click here to read all comments   Click here to post a comment


About Reader Comments


Reader comments on sltrib.com are the opinions of the writer, not The Salt Lake Tribune. We will delete comments containing obscenities, personal attacks and inappropriate or offensive remarks. Flagrant or repeat violators will be banned. If you see an objectionable comment, please alert us by clicking the arrow on the upper right side of the comment and selecting "Flag comment as inappropriate". If you've recently registered with Disqus or aren't seeing your comments immediately, you may need to verify your email address. To do so, visit disqus.com/account.
See more about comments here.
Staying Connected
Videos
Jobs
Contests and Promotions
  • Search Obituaries
  • Place an Obituary

  • Search Cars
  • Search Homes
  • Search Jobs
  • Search Marketplace
  • Search Legal Notices

  • Other Services
  • Advertise With Us
  • Subscribe to the Newspaper
  • Access your e-Edition
  • Frequently Asked Questions
  • Contact a newsroom staff member
  • Access the Trib Archives
  • Privacy Policy
  • Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.