Temporary setback for same-sex marriage

Editorial by Charlotte Observer, November 9, 2014.

The U.S. Court of Appeals for the Sixth Circuit dealt a startling blow to homosexuals last week when it upheld same-sex marriage bans in Kentucky, Tennessee, Michigan and Ohio. But as difficult as the setback surely is for same-sex couples in those four states, it is probably temporary, and it comes with a larger benefit for other states, including North Carolina.

The Sixth Circuit’s ruling differs from federal appeals court rulings in the Fourth, Seventh, Ninth and Tenth Circuits, setting up a judicial conflict that will likely compel the U.S. Supreme Court to settle the issue of same-sex marriage for everyone.

Earlier this year, Justice Ruth Bader Ginsberg indicated just that, saying publicly that the main reason the court had bypassed previous cases involving same-sex bans is because the courts of appeals had agreed on the issue.

The Supreme Court, of course, has sent a strong signal about how it will rule when it let stand those earlier rulings, each of which struck down same-sex marriage bans. That includes the Fourth Circuit, which overturned a ban in Virginia, a decision that led to gay marriages becoming legal in North Carolina.

Experts believe it’s unlikely the justices would allow same-sex marriages to happen in states across the country, only to yank it away once a rogue appeals court decided otherwise.

What the Court will do, if it provides the legal clarity most expect, is put an end to appeals like the one led by U.S. Sen.-elect Thom Tillis and N.C. Senate leader Phil Berger in North Carolina. In the wake of the Fourth Circuit’s ruling and Supreme Court’s implicit approval of it, Tillis and Berger have wasted state resources with their fight.

It’s time for that to end. We’re glad it’s coming soon.

http://www.charlotteobserver.com/2014/11/09/5299273/temporary-setback-for-same-sex.html#.VGCcf4fO8ZY