Kevin L. Miller, P.C.

Attorney at Law

18Jan, 15

On the Friday, January 16th, the US Supreme Court agreed to hear four new cases on same-sex marriage from the Sixth Circuit Court of Appeals, which upheld bans on same-sex marriage and marriage recognition in Kentucky, Michigan, Ohio and Tennessee.

The Sixth Circuit decision is at odds with decisions in the Fourth, Seventh, Ninth and Tenth Circuit Court of Appeals, which struck down constitutional and statutory bans on same-sex marriage.

Currently, same-sex marriages are allowed in thirty-six states and Washington, DC with bans in the other fourteen states under court challenge.

Oklahoma allows same-sex marriage and recognizes marriages from another state under Bishop v. Smith and its companion case.

According to the Supreme Court, two main issues will be considered:

  • 1.   Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
  • 2.   Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

The Supreme Court is expected to hear arguments in the cases in April, and a decision is expected in late June.

Stay tuned to my blog posts for further developments.

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