Tuesday, October 7, 2014
Same-Sex Marriage and the U.S. Supreme Court
The United States Supreme Court threw a major curve ball yesterday and summarily declined to hear seven (7) cases where the federal courts had found that a ban on same-sex marriage to be unconstitutional. Even with this being a summary disposition, the fact they declined to hear the cases is now binding precedent. In the same-sex divorce case I have, the state at trial and on appeal had been arguing that the summary disposition of the old Baker v. Nelson case where the United States Supreme Court declined to hear a case dealing with same sex marriage back in the 1970s precluded the state having to recognize a same-sex marriage. With these seven (7) cases now being granted summary disposition, the argument now is that the summary disposition precludes them from arguing that the bans are constitutional. The supplemental authority letter I filed yesterday is located here. Everyone, including myself, thought that the United States Supreme Court would hear the cases. I appears that the next case that may look at the issue will be coming from the 6th Circuit.