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Politics : The Supreme Court, All Right or All Wrong?

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From: Glenn Petersen	1/16/2015 5:12:13 PM
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Supreme Court to hear same-sex marriage case By Josh Gerstein Politico 1/16/15 3:42 PM EST Updated 1/16/15 4:02 PM EST The Supreme Court agreed Friday to decide whether the U.S. Constitution guarantees all Americans the right to enter into same-sex marriages. The high-profile case has the potential to legalize gay marriage in all 50 states or to roll the practice back by overturning a series of federal court rulings that have dramatically expanded the availability of same-sex unions in the past year-and-a-half. In an order Friday afternoon, the court announced that it granted four petitions seeking a review of a federal appeals court ruling in November that found there is no federal right to same-sex-marriage. The issue is likely to be argued at the high court in late April and decided before the court’s current term ends in June. In 2013, the justices ruled that the U.S. government had to recognize same-sex marriages performed in states, but in the 5-4 decision the court left open the question of whether states were required to permit such unions. Many court observers expect Justice Anthony Kennedy to join with the court’s liberals to find such a right, as he did when he penned the court’s opinion striking down the Defense of Marriage Act two years ago. However, Kennedy also has a history of being an outspoken voice for state autonomy, which could complicate his views. In October, the justices passed up a series of petitions asking them to resolve the dispute over same-sex marriage rights. As is the justices’ custom, they offered no explanation for their decision at that time. Legal experts said the court often passes up such issues until a split develops among federal appeals courts. That arose in November when the Cincinnati-based 6th Circuit Court of Appeals overturned lower court rulings that found a federal right to same-sex marriage. The 6th Circuit holding is at odds with four other federal appeals courts — the 4th, 7th, 9th and 10th circuits— which have found such a right protected by the U.S. Constitution. Same-sex marriage is currently legal in 36 states. The latest to recognize the practice was Florida, which began issuing marriage licenses last week as the result of a federal judge’s ruling last summer. The expected Supreme Court decision has the potential to clear the same-sex marriage issue off the national political agenda in advance of the 2016 elections. That could benefit Republicans, since they’ve been caught between a dramatic shift in public opinion in favor of same-sex marriage rights and the party’s socially conservative base, which remains opposed to such unions. politico.com

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