Nov 7
11:01 AM

6th Circuit decision on same-sex marriage sets up a circuit-split


The 6th Circuit upheld a ban on same-sex marriage in a 2-1 decision (PDF) on Thursday. The decision conflicts with cases decided in the  4th, 7th, 9th, and 10th Circuit courts. Experts (here and here) suggest that an appeal filed in the next 6 weeks has a chance of getting onto the Supreme Court’s calendar for this term. Justice Ruth Bader Ginsburg suggested back in September that a conflicting decision by the 6th Circuit would create some “urgency in the court taking the case.”


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