In the wake of the U.S. 6th Circuit Court of Appeals' decision earlier this year to uphold bans on same-sex marriage in Ohio, Kentucky, Tennessee and Michigan, the United States Supreme Court has decided to consider hearing challenges to that ruling from marriage equality advocates during its closed doors conference on January 9th. At that same conference, the Court will also be considering a decision from a federal judge in Louisiana that let that state's ban on same-sex marriage stand. BuzzFeed's Chris Geidner reports:
“The Tanco [Tennessee case] petition will be considered at the Court’s January 9 conference, along with … petitions filed by the plaintiffs in Michigan, Ohio, Kentucky, and Louisiana,” National Center for Lesbian Rights spokesperson Erik Olvera told BuzzFeed News on Monday afternoon.
The plaintiffs and marriage equality advocates alike hope the petitions will provide the Supreme Court with the chance to take a case to resolve the issue nationally with a ruling that would apply across the country.
Although the justices denied petitions filed earlier in the year from other states, all were in cases in which the lower court had struck down the bans — and before there was a “circuit split,” a disagreement among the federal appeals court on the issue. All five petitions before the court now come from decisions upholding the various states’ bans.
In November, the 6th Circuit Court of Appeals, in a 2-1 decision, reversed the four district courts to have heard the cases out of Kentucky, Michigan, Ohio, and Tennessee — sending the plaintiffs in the cases from all four states to the Supreme Court seeking an appeal.
Kentucky, Michigan, and Ohio officials agreed that the Supreme Court should take a case and resolve the issue nationally; only Tennessee officials opposed Supreme Court review.
The American Civil Liberties Union and Jeffrey Fisher, from Stanford Law School, joined the Kentucky lawyers, led by Daniel Canon, in Monday’s reply brief, arguing, “For petitioners here – and for lesbian and gay couples and families across both the Sixth Circuit and the country – the harm and confusion that the circuit split has caused calls out for immediate review.”
You can read the Kentucky plaintiffs' reply below: