6th Circuit Upholds Gay Marriage Bans in MI, OH, KY, TN

[Likely Voter]

Surprise, it was the 6th Circuit (and not the 5th as expected) to be the first appellate court to uphold a state SSM ban.

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http://www.usatoday.com/story/news/nation/2014/11/06/gay-marriage-appeals-court-ohio-michigan-kentucky-tennessee/15712319/

Now SCOTUS will almost certainly take up the case next session

[Simfan34]

The end is nigh.

[Lief 🗽]

RIP Chief Justice Roberts.

[memphis]

Junk circuit!

[pbrower2a]

The argument is about as weak as the argument used by State attorneys-general of Indiana and Wisconsin. There is nothing new -- just a states' rights argument.

This will be decided in the Supreme Court, and these states will be among the last to get rulings that eventually overturn the bans on same-sex marriage.

[Landslide Lyndon]

Was it a panel or a decision en banc?

[Marston]

Was it a panel or a decision en banc?

Panel.

[Landslide Lyndon]

Was it a panel or a decision en banc?

Panel.

Then why don't the plaintiffs ask for an en banc hearing? Maybe they'll reverse this decision.

[Likely Voter]

It was 2-1 decision, two GWB appointee majority and 1 Clinton appointee dissent. The full court (both circuit judges and senior judges) is weighted more to Republican appointees so en banc may not help

[Marston]

Was it a panel or a decision en banc?

Panel.

Then why don't the plaintiffs ask for an en banc hearing? Maybe they'll reverse this decision.

They may, but I think the circuit is split 10-6 in favor of Republican appointed justices. If the plaintiffs think it's a waste, they have every right to appeal directly to the SC.

[Bandit3 the Worker]

It was 2-1 decision, two GWB appointee majority and 1 Clinton appointee dissent. The full court (both circuit judges and senior judges) is weighted more to Republican appointees so en banc may not help

Yet another reason Bush should have been impeached the day he got in.

[Bandit3 the Worker]

Some brave city or county in Kentucky needs to legalize gay marriage.

[○∙◄☻¥tπ[╪AV┼cVê└]

It was 2-1 decision, two GWB appointee majority and 1 Clinton appointee dissent. The full court (both circuit judges and senior judges) is weighted more to Republican appointees so en banc may not help

Yet another reason Bush should have been impeached the day he got in.

The whole idea that someone elected by the judiciary got to appoint judges was pretty weird.

[Oswald Acted Alone, You Kook]

Well that's too bad. I wanted to have 14 states left.

[Grumpier Than Thou]

Damn, this is a bummer. Hopefully SCOTUS doesn't f--k it up if they take the case.

[Consciously Unconscious]

Disgusting. 

Hopefully the SCOUTS takes the case, and that might just be the end of the debate in the country.

[Likely Voter]

The majority opinion from the 6th circuit was kind of weird, the judge essentially says to ignore the constitutional question at hand and just let the will of the people prevail.

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He is essentially abdicating his position as a judge. And how exactly is one group of citizens (the straits) denying rights to another minority group (gays) seen as "fair-minded?"

[True Federalist (진정한 연방 주의자)]

The majority opinion from the 6th circuit was kind of weird, the judge essentially says to ignore the constitutional question at hand and just let the will of the people prevail.

You must be logged in to read this quote.

He is essentially abdicating his position as a judge. And how exactly is one group of citizens (the straits) denying rights to another minority group (gays) seen as "fair-minded?"

Perhaps in the same way judges don't overturn minimum-wage laws any more?  After all, they do interfere with the right of contract.  How exactly is one group of citizens (employees) denying rights to a minority group (employers) seen as fair-minded?  Once one gets beyond explicitly enumerated rights, the question of what should be a right and which rights should prevail when they conflict is not always an objective decision suitable for a judicial decision.  There are worse ideas than having a change in what is considered to be a right than having such changes being legislated, even tho in the case of same-sex marriage it means slowing down a change that is pretty obviously going to happen sooner or later.

[True Federalist (진정한 연방 주의자)]

Surprise, it was the 6th Circuit (and not the 5th as expected) to be the first appellate court to uphold a state SSM ban.

You must be logged in to read this quote.

http://www.usatoday.com/story/news/nation/2014/11/06/gay-marriage-appeals-court-ohio-michigan-kentucky-tennessee/15712319/

Now SCOTUS will almost certainly take up the case next session

It could still take it up this session now that there is a circuit split.

[SteveRogers]

Scotusblog has a good overview of what could happen next:

http://www.scotusblog.com/2014/11/analysis-paths-to-same-sex-marriage-review/

Bottom line: if a petition for cert is filed ASAP, the Supreme Court could still hear the case this summer.

[Joe Republic]

Disgusting. 

Hopefully the SCOUTS takes the case, and that might just be the end of the debate in the country.

That won't be the best strategy - the SCOUTS have had to be dragged kicking and screaming into the world of tolerance toward gays.  If you want SSM, you won't want them to weigh in on it.

[H.E. VOLODYMYR ZELENKSYY]

Disgusting. 

Hopefully the SCOUTS takes the case, and that might just be the end of the debate in the country.

That won't be the best strategy - the SCOUTS have had to be dragged kicking and screaming into the world of tolerance toward gays.  If you want SSM, you won't want them to weigh in on it.

I trust that the court that ruled in Lawrence and Windsor will rule fairly here.

[KCDem]

Either way, the Gays get ed.

[riceowl]

Disgusting. 

Hopefully the SCOUTS takes the case, and that might just be the end of the debate in the country.

That won't be the best strategy - the SCOUTS have had to be dragged kicking and screaming into the world of tolerance toward gays.  If you want SSM, you won't want them to weigh in on it.

Well played, Cubmaster.

[Simfan34]

Gay marriage is a reality in July 2015, and the real battle begins then.