My favorite Supreme Court Justice is back in the news!
The 81-year-old justice, appointed by President Clinton, told an audience at the University of Minnesota's Law School Tuesday, according to the Associated Press, that the marriage cases currently ready to be considered by the Supreme Court don't present a substantial judicial question, since lower courts are unanimous in ruling in favor of same-sex couples who want to marry.
However, Ginsburg suggested that could change depending on what happens in the U.S. Court of Appeals for the Sixth Circuit, which covers Kentucky, Michigan, Ohio, and Tennessee. If that appeals court arrives at a decision conflicting with the rest, then "there will be some urgency" for the Supreme Court to settle the issue, Ginsburg said, according to the AP.
The Sixth Circuit, based in Cincinnati Ohio, last month heard oral arguments from same-sex couples seeking the freedom to marry, and states defending their bans on such freedom in Kentucky, Michigan, Ohio, and Tennessee. Reports from inside the courtroom were mixed on the likely outcome of those cases, noting that while two judges seemed sympathetic to the cases brought by same-sex couples, another seemed skeptical, and all three judges on the panel had tough questions for both sides. The Sixth Circuit could issue its ruling at any point, though it is under no obligation to do so on a particular timeline.So long as there are no conflicting rulings in the lower courts, The Supremes are content to sit back and let these putrid, discriminatory marriage bans die at the appellate level. But for those of us who want to see that one decisive ruling a la Loving v. Virginia what we need is for one of the appellate courts to rule against us.
Come on Sixth Circuit! I know you've got a little homophobia left in you! That guilt over that one time in college maybe? We're coming to get you, you know we are.