BREAKING: 6th Circuit upholds same-sex marriage bans, which is good news for Texas

Posted On 6 Nov, 2014 - By John Wright

Plaintiffs in a federal lawsuit challenging Texas’ same-sex marriage bans address the media outside the courthouse in San Antonio following a hearing in February. (John Wright/Lone Star Q)

A three-judge panel of the 6th U.S. Circuit Court of Appeals on Thursday upheld same-sex marriage bans in Tennessee, Kentucky, Ohio and Michigan — reversing lower court rulings that struck down the laws as unconstitutional.

Although this may seem like bad news, it could actually be good for Texas and the other states outside the 6th Circuit where same-sex marriage has yet to become legal. That’s because the 6th Circuit decision creates a split with other circuit courts, which could compel the U.S. Supreme Court to hear the case and issue a nationwide ruling in favor of marriage equality.

The 4th, 7th, 9th and 10th Circuit Courts of Appeal have all ruled that bans on same-sex marriage are unconstitutional. Texas is in the 5th Circuit, which is currently considering an appeal of a district judge’s decision striking down the Lone Star State’s marriage bans. However, the Texas case isn’t set for oral arguments until January, with the 5th Circuit’s ruling to come later in 2015, which means the 6th Circuit cases are likely to reach the Supreme Court sooner.

The ACLU has announced it plans to appeal the decision directly to the Supreme Court instead of seeking en banc review from the full 6th Circuit Court.

According to Lyle Denniston at SCOTUSblog, “If a case is filed with the Justices soon, by contrast, it could be heard and decided before the Justices complete this Term early next summer.”

Susan Sommer, director of constitutional litigation for Lambda Legal, said in a statement: “We’re extremely disappointed for the families in these four states, but this decision highlights the need for the U. S. Supreme Court to right this injustice. While a tidal wave of courts around the nation have struck down marriage bans, this decision leaves Sixth Circuit states in a backwater and, worst of all, injures same-sex couples and their children. Depriving same-sex couples and their families of the protections and dignity that come with marriage is flat out unconstitutional, and Lambda Legal vows to continue working until justice is won.”

Read Judge Jeffrey Sutton’s 2-1 majority opinion here, and read Judge Martha Craig Daughtrey scathing dissent here.

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