Federal Court Upholds Same-Sex Marriage Bans

On Thursday, a federal appeals court in Ohio upheld the right of four states to ban same-sex marriage, contradicting prior rulings by appeals courts and almost certainly sending the issue to the Supreme Court. 

The decision, written by Judge Jeffrey S. Sutton, overturned lower court rulings in Kentucky, Michigan, Ohio and Tennessee that were in favor of same-sex marriage.  Judge Sutton dismissed the reasoning issued by other federal courts, which have held that barring same-sex marriage violates equal protection or due process clauses of the Constitution.

Dale Carpenter, a professor of constitutional law at the University of Minnesota, said “This is the circuit split that will almost surely produce a decision from the Supreme Court, and sooner rather than later,” “It’s entirely possible that we could have oral arguments in coming months and a Supreme Court decision by next summer.” 

Gay rights groups and lawyers for the plaintiffs in the affected states expressed their discontent with the decision, “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.” 

See Erik Eckholm, Court Upholds Marriage Bans In Four States, The New York Times, Nov. 6, 2014.