The US Supreme Court decided Monday not to take on a case to review Louisiana's ban on same-sex marriage. The ban was upheld by a federal trial judge in New Orleans in September. The couples were seeking to bypass the US Court of Appeals for the Fifth Circuit. The Supreme Court denied the petition for certiorari with no comment, and the case remains under review in the federal appeals court. Several other same-sex marriage petitions remain before the court and could be acted upon as soon as this week.
The debate over the legalization of same-sex marriage is one of the most contentious legal issues in the US. Last week the Fifth Circuit heard oral arguments regarding the constitutionality of same-sex marriage bans in Louisiana, Texas and Mississippi. Unlike Louisiana, federal courts in Texas and Mississippi overturned the states' same-sex marriage bans. Also last week Miami-Dade became the first county in Florida to issue marriage licenses to same-sex couples after a judge lifted a stay on her July decision holding that bans on same-sex marriage violated equal protection rights. In October the court declined to hear seven pending same-sex marriage cases, allowing those appeals court rulings to stand and effectively legalizing same-sex marriage in several states. The Supreme Court has yet to issue a nationwide ruling on same-sex marriage. In certain states the court's avoidance has created confusion and legal uncertainty . However, the current circuit split increases the likelihood that the Court will issue a ruling in regards to same-sex marriage.
(Published by Jurist – January 12, 2015)