Wednesday, September 17, 2014

Makes sense, though potentially disappointing

MINNEAPOLIS (AP) - People seeking clues about how soon the Supreme Court might weigh in on states' gay marriage bans should pay close attention to the 6th Circuit Court of Appeals, Justice Ruth Bader Ginsburg told a Minnesota audience Tuesday.

Ginsburg said cases pending before the circuit covering Kentucky, Michigan, Ohio and Tennessee would probably play a role in the high court's timing. She said "there will be some urgency" if that appeals court allows same-sex marriage bans to stand. Such a decision would run contrary to a legal trend favoring gay marriage and force the Supreme Court to step in sooner, she predicted.

She said if the appeals panel falls in line with other rulings there is "no need for us to rush."
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Many of us will be disappointed if we have to wait another year or more for the issue to come to the high court, but it has become the court's tradition not to step in until there is conflict among the circuit courts of appeal or if there is urgent national concern. This last point is the claim of those states that are petitioning the court to hear the issue, but the court may not be convinced.

All we can do is wait and see.

Speaking on behalf of Damien and myself, who were able to marry this past spring, I know that being married makes a difference and that it is harsh to make people wait, apparently just to satisfy a judicial custom. The law, however, is much about custom and that is simply the way it is, for all the ranting about judicial activism.

May the day come soonest!

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