Richard WolfWASHINGTON — The Supreme Court has scheduled same-sex marriage cases from five states for consideration at its Sept. 29 private conference, indicating no hesitation to dive right into the national debate.
The justices placed cases from Utah, Oklahoma, Virginia, Indiana and Wisconsin on the list for their first conference of the 2014 term. They could have delved into some or none, preferring to wait until later in the fall.
By scheduling all for consideration simultaneously, the justices gave equal footing to the Indiana and Wisconsin cases just decided last week by the U.S. Court of Appeals for the 7th Circuit. The 10th and 4th Circuits previously ruled in the other cases.
The court could agree to hear one or more cases this winter; deny them all, or delay its decision for a while.
In all five states, federal district and appellate judges have agreed that state bans on same-sex marriage should be struck down as unconstitutional. But those decisions are on hold pending the Supreme Court's review.
Additional gay marriage cases could be added to the justices' list soon. A ruling is expected from the U.S. Court of Appeals for the 6th Circuit on cases from Ohio, Michigan, Kentucky and Tennessee. And just this week, the 9th Circuit heard oral arguments in cases stemming from Idaho and Nevada. Cases from Texas and Florida remain at the appellate court level.
The justices ruled 5-4 in June 2013 that the federal government must recognize same-sex marriages legally performed in states that allow them. That list since has grown to 19 states and the District of Columbia. The court also refused to overrule a California court's decision striking down that state's ban.
Thirty-one states continue to prohibit gays and lesbians from marrying, including all the states with cases pending before the Supreme Court. The justices are widely expected to rule this term on whether such bans are constitutional.
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