Monday, September 29, 2014

Everybody's ready for SCOTUS to review same-sex marriage

David Savage reported in today's Los Angeles Times:

The justices will meet Monday to consider a thick pile of pending appeals, and they have before them gay-marriage cases from five states. In all five, the ban on same-sex marriages was struck down. But unlike most appeals, both sides — the winners as well as the losers — are asking justices to hear the case.

 

"It's a near certainty the court will decide it this term and definitively answer" whether same-sex marriage is a constitutional right, said Irv Gornstein, a law professor who directs Georgetown's Supreme Court Institute.

 

Gay-rights advocates who once steered clear of the high court are now eager for a ruling. "There is no question we are winning, but winning is not won," said Evan Wolfson, founder of Freedom to Marry. "It's time for the Supreme Court to finish the job."

 

First, the justices have to settle on which case, or cases, they will hear, and that may take a few weeks. They could hear cases from Utah, Oklahoma, Virginia, Wisconsin or Indiana. In all but Virginia, the state's top lawyers are fighting to uphold laws banning same-sex marriage.

 

[...]

 

But state attorneys in four Republican-led states say they are determined to offer the Supreme Court a robust defense of their state laws. They noted that their voters, as well as their lawmakers, had adopted measures in the last decade to define marriage as the union of a man and a woman. They sought to prevent "judicial activism" by defining marriage in the state constitution, said Wisconsin Atty. Gen. J.B. Van Hollen, in a court filing.

https://lawprofessors.typepad.com/civil_rights/2014/09/everybodys-ready-for-scotus-to-review-same-sex-marriage.html

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