Supreme Court Justice Ruth Bader Ginsburg on Tuesday night signaled the Sixth Circuit Court of Appeals could be a driver on when the high court takes up the issue of gay marriage, according to reports.
Speaking at the Minnesota Law School, Ginsburg said there is “no urgency” yet to take up the question of state gay marriage bans because all three appeals courts that have decided the issue have agreed that the bans are unconstitutional.
{mosads}She said, however, “there will be some urgency” if the Sixth Circuit upholds the state bans, creating a split between appeals courts.
A three-judge panel on the Sixth Circuit heard cases last month on bans in Kentucky, Michigan, Ohio and Tennessee.
Some court observers have said the Sixth Circuit in Cincinnati could be the first appeals court to uphold the bans due to the makeup of the judges. Former President George W. Bush appointed two judges hearing the case, and the other was appointed by former President Clinton.
Three appeals courts have so far struck down gay marriage bans from five states, all of which are being appealed to the Supreme Court. The only two dissenting opinions in those cases came from judges appointed by former President George H.W. Bush.
The high court is slated to consider whether to take up one or all of the cases in a private session later this month. In the past, Ginsburg has said the court would not duck the issue.
“I think the court will not do what they did in the old days when they continually ducked the issue of miscegenation,” Ginsburg said in a July interview. “If a case is properly before the court, they will take it.”