Sean Lewrence, of Philadelphia, holds up a flag during a rally for gay marriage, on Independence Mall in Philadelphia in this 2013 file photo.In a break with appellate opinions around the nation, a federal court on Thursday struck a blow to the expanding acceptance of same-sex marriage in a ruling that upheld bans on such unions in Tennessee and three other states.
The 6th U.S. Circuit Court of Appeals in Cincinnati concluded in a 2-1 decision involving cases from Tennessee, Ohio, Kentucky and Michigan that states have the right to set rules for marriage.
The decision all but guarantees U.S. Supreme Court review.
“It’s tailor-made for the Supreme Court to intervene,” said Pierre Bergeron, a Cincinnati attorney who runs a blog following the appellate court’s movements.
The Supreme Court decided “not to decide” on gay marriage cases last month, saying it will likely only intervene in the case of a split of authority. By differing from other U.S. appellate courts, the 6th Circuit created just such a split. At least two of the plaintiffs involved in the case have said they plan to appeal