Why is the U.S. Supreme Court Jilting States on Marriage?
Earlier this week we learned the U.S. Supreme Court will not hear several appeals over lower court rulings that struck state laws defining marriage as the union of one man to one woman.
This was a surprising move by the court. And while it is not the “victory” many on the Left claim it is–there are still other appeals pending, so our justices will not be able to dodge the issue forever–it does raise the question exactly why the U.S. Supreme Court is running away from the marriage debate at the moment.
In order for an appeal to brought up before the U.S. Supreme Court, at least four of the court’s nine justices must vote to hear it. The fact that these appeals concerning marriage will not be heard means that no more than three justices wanted to hear the cases–and it’s possible that the court decided unanimously to ignore the appeals. Depending on who you ask, many people agree there are three or four “conservative” justices on the court: Associate Justices Scalia, Thomas, and Alito and Chief Justice Roberts. Since it only takes four votes to bring an appeal before the court, presumably at least one (maybe more) of these four justices did not want the marriage issue brought up. Why would they do that?
It’s just speculation on my part, but the answer may lie in Associate Justice Scalia’s dissenting opinion from the 2013 United States v. Windsor ruling that struck part of the federal Defense of Marriage Act. In his dissent, Justice Scalia wrote, (more…)