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Supreme Court Refuses Early Review of Louisiana Gay Marriage Case, Sixth Circuit Cases to Be Reconsidered Friday

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Reports are coming in that the Supreme Court has denied the petition to review the case challenging Louisiana's gay marriage ban. No further action has been taken on the Sixth Circuit marriage equality cases out of Tennessee, Michigan, Ohio, and Kentucky.

SCOTUSblog writes:

The Supreme Court, returning from its winter recess, decided on Monday not to take on a same-sex marriage case that remains under review in a federal appeals court, but otherwise took no action on that constitutional controversy.  The Court made no comment as it turned own a plea by same-sex couples in Louisiana to review that state’s ban, which had been upheld by a federal trial judge in New Orleans (Robincheaux v. George).  The Court may indicate later in the day when it may next consider four same-sex marriage cases that were decided earlier by the U.S. Court of Appeals for the Sixth Circuit. […]

The Court’s denial of review in the Louisiana same-sex marriage case is not a reliable indicator of the Court’s current interest in the authority of the states to ban same-sex marriage.  The couples in the Louisiana case had asked the Court to bypass the U.S. Court of Appeals for the Fifth Circuit, and take on the case without waiting.  The Justices’ response probably indicates a desire not to intrude into the review by the Fifth Circuit Court, which held a hearing on the Louisiana case, and two others, just last Friday.

The Justices have a private Conference scheduled for Friday of this week, and the other cases, from the Sixth Circuit, may be considered then.  A final word on that scheduling may come before the end of the day Monday.

Our legal editor Ari Ezra Waldman wrote last week on what to watch for as SCOTUS considers the 6th Circuit marriage equality cases. Check out his wonderful analysis HERE. 

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