The U.S. Supreme Court (SCOTUS), which has five Republican-appointed judges and four Democratic-appointed judges, has formally listed seven marriage equality cases with cert petitions pending from five different states (three from Virginia and one each from Indiana, Oklahoma, Utah, and Wisconsin) for consideration at its upcoming conference on September 29, the first such conference after SCOTUS’s summer recess began:
The U.S. Supreme Court has formally listed all marriage cases with cert petitions pending — Utah, Oklahoma, Virginia, Wisconsin, and Indiana — for consideration on September 29, at its very first conference after coming back from summer recess.
Kathleen Perrin, the legal eagle behind Equality Case Files, adds: “While this is an encouraging move, if the Court follows the pattern it followed last term, no case will be granted cert without being relisted at least once… For comparison, the (California) Prop 8 case was distributed to four conferences and (United States v.) Windsor to three before the Court granted cert in those cases.”
Indeed, the AP reports that the justices could put off deciding to take up a case until as late as January and still be able to hear arguments and issue a decision by the end of June.
The marriage equality cases that have been formally listed by SCOTUS are as follows: Herbert v. Kitchen (Utah), Smith v. Bishop (Oklahoma), Rainey v. Bostic (Virginia), Schaefer v. Bostic (Virginia), McQuigg v. Bostic (Virginia), Bogan v. Baskin (Indiana), and Walker v. Wolf (Wisconsin). SCOTUS could decide to take up the marriage equality cases at its next convention or at a later date.
I hope that the U.S. Supreme Court issues a ruling in favor of marriage equality for the entire country because same-sex couples deserve the same right to marry that heterosexual couples currently enjoy. Given that the U.S. Supreme Court struck down the discriminatory federal Defense of Marriage Act (DOMA) for violating the U.S. Constitution last year with Republican-appointed justice Anthony Kennedy joining Democratic-appointed justices Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, and Stephen Breyer, those same five justices forming a majority opinion in favor of marriage equality is certainly a possible outcome.