Overwhelming US marriage equality progress has faced its first major setback in some time, with a circuit court reversing federal rulings allowing same-sex marriage in Michigan, Ohio, Tennessee and Kentucky. The United States Court of Appeals for the 6th Circuit ruling is the first from a federal appellate court to go against same-sex couples in several years. The decision says the court does not have "a sweeping grant of authority" that allows it to determine "whether gay marriage is a good idea" for the residents of those states. It follows more than 20 court victories for supporters of marriage equality since the Supreme Court struck down part of the federal Defense of Marriage Act last year. The decision could now be appealed, or the entire issue could return to the Supreme Court to be settled once and for all. Freedom to Marry Founder and President Evan Wolfson says the ruling is completely out of step with the Supreme Court's clear signal last month, out of step with the constitutional command as recognised by nearly every state and federal court in the past year, and out of step with the majority of the American people. “This anomalous ruling won't stand the test of time or appeal. But with discrimination still burdening too many families, and now with this split in the circuits, Freedom to Marry calls on the Supreme Court to swiftly take these cases, affirm the freedom to marry, and bring national resolution once and for all. “American couples and their families should no longer be forced to fight court by court, state by state, day by day for the freedom and dignity that our Constitution promises.” Background: In just the past month, same-sex couples have effectively won the right to marry in 16 different states: the US Supreme Court denied review in five marriage cases, clearing the way for the freedom to marry not only in Indiana, Oklahoma, Utah, Virginia, and Wisconsin - but also paving the path toward marriage in Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming, the other states in the 10th and 4th Circuits. Just one day later, the 9th Circuit Court of Appeals also affirmed the freedom to marry in a case from Idaho and a case from Nevada, setting the stage for marriage in those two states, as well as Alaska, Arizona and Montana. So far, just four of these states - Montana, Wyoming, Kansas, and South Carolina - have not yet implemented the orders.
Credit: GayNZ.com Daily News staff
First published: Friday, 7th November 2014 - 12:40pm