WASHINGTON D.C. (WKZO) — There are never any guarantees when it comes to the courts, but we could find out today if the U.S. Supreme Court is going to take up the issue of same sex marriage, and specifically use the Michigan case to make their decision.
This is one case where both sides are anxious for the high court to rule once and for all.
There are two things that make the case brought by April Deboer and Jayne Rowse different.
Judge Bernard Friedman actually held hearings on the issue, heard testimony from witnesses and so-called experts on whether there was any compelling reason for a government to prevent gays from being married, and then made his decision.
Most other Federal Judges just considered the Constitutional issues and arguments before ruling.
The second difference is that the 6th Circuit Court of Appeals reversed Judge Friedman’s decision. Most other appellate courts did not. That is why most states have gay marriage and Michigan still does not.
The Supreme Court is more likely to step into a case when it has lower courts that disagree. There is no point in the higher court intervening when they all agree.
Attorney General Bill Schutte submitted his argument for Michigan’s ban to the High Court yesterday. It basically insists that It should be banned because that’s what a majority of Michiganders voted for.
He says it should be the people’s decision and not a judge’s choice.
The Justices could decide to hear the case, kick it back to the lower court with instructions, let the lower court ruling stand, or put it off for another year.
We may find out today.
