Constitutional law expert: U.S. Supreme Court "likely" to get same sex marriage case
David Moore March 24, 2014 | WGVU
A panel of federal judges has
temporarily shelved a lower court ruling legalizing same sex marriages in Michigan,
and giving lawyers until Tuesday, March 25 to formulate arguments on the
But as WGVU’s David Moore
reports, the ruling, whichever way it goes, probably isn’t the end to this
After a U.S. District Court
in Detroit held the state constitutional amendment violated the federal
constitution, the next court up the line slapped a stay, or hold on the ruling.
But whatever the appeals panel decides,
there’s yet another step up the judicial chain of command.
Devon Schindler is a Grand Rapids attorney and
expert on constitutional law.WGVU asked
him if he thought the U.S. Supreme Court would ultimately make the final
call?“It’s likely" , he figures.
Schindler says "Eventually, the U.S. Supreme
Court is going to have to make a decision on this. Now, if all the circuits all
agree that in fact, same sex marriages bans are unconstitutional, or if all the
lower courts were to decide that in fact, all the bans were constitutional,
they’d be less likely to take the case.But it is such an important issue.”
It’s noteworthy that if the
case does go to the U.S. Supreme Court, justices are under no obligation to take it.
But Schindler says since this is such a high
visibility and far reaching case, he puts his money on them accepting it, which
could mean at least a year before the issue is settled once and for all.
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