Last week the U.S. Supreme Court (finally) announced that it will hear marriage equality cases from Michigan, Ohio, Tennessee and Kentucky. Unlike four previous successful appeals court decisions, the 6th Circuit Court of Appeals ruled against marriage equality and in favor of discrimination.
The U.S. Supreme Court will hear oral arguments in April and decide two questions by the end of June: 1) if same-sex couples must be allowed to marry no matter where they live; and 2) whether states must recognize legal marriages of same-sex couples performed in other states.
It is past time for the U.S. Supreme Court to do its job and rule on marriage equality. Our country has adopted a patchwork of state laws about marriage equality since 2004 – some states allowing same-sex couples to marry; some states recognizing legal marriages performed in other states; some states banning it altogether – and the confusion over what benefits married same-sex couples can receive depending on where they live. Currently, same-sex couples can marry in 36 states and the District of Columbia; same-sex marriage is banned or appeals are pending in the other 14.
It is the job of the U.S. Supreme Court to resolve disagreement over constitutional issues. The U.S. Supreme Court has stated that marriage is a fundamental right of all individuals – they’ve said it 14 times. And the U.S. Constitution guarantees equal treatment. It is time for the Court to apply these principles and decide that same-sex couples have the right to marry in every state.
Some have said that the states should be able to decide – however they should not be allowed to decide to deny what is a constitutionally-protected, fundamental right. And some have said that it’s best if we let voters decide in ballot measures. This process may work for some issues, but it should not be used to determine if fundamental rights can be denied to a minority – that’s the job of the courts. The U.S. Supreme Court has the opportunity to do the right thing, and we hope they will.