USA Today is reporting that the Supreme Court has announced that it will hear four cases that address bans on same-sex marriage. (See Order granting Certiorari on same-sex marriage cases). The cases will be consolidated into one case and argument is scheduled for April. It is expected that a decision will be issued before the Court’s term ends in June.
The Supreme Court sidestepped similar challenges even after the landmark US v. Windsor decision which foreshadowed the several circuit decisions that found that same-sex marriage bans violated the Equal Protection Clause. There is currently a split in the circuits when the 6th Circuit upheld Michigan, Ohio, Kentucky and Tennessee’s laws banning same-sex marriage. It is widely anticipated that the decision issued by the Supreme Court will not be a “punt” and instead will decide the issue once and for all.
We’ll keep you posted.