INDIANAPOLIS (WISH) – A divide on gay marriage in the federal appeals courts could pave the way for the issue of same sex marriage to head back to the U.S. Supreme Court.
It could lead to new battles over gay marriage, which is now legal in Indiana.
It’s all because a federal appeals court in Ohio upheld gay marriage bans in four states. It’s also because the appeals court in Chicago reversed the Indiana ban, setting the stage for a Supreme Court ruling that would decide the matter once and for all.
Opponents of gay marriage were waiting for a competing ruling in another part of the country and now they have it.
“So we take some heart from that, although the weight of precedent is probably on the other side,” said Curt Smith of the Indiana Family Institute.
Two women from Michigan, April DeBoer and Jayne Rowse, lost their case when the appeals court in Cincinnati upheld a gay marriage ban. They plan to appeal to the Supreme Court.
“Well, if the court certainly takes the case, it’ll result in a ruling for the country,” said their attorney, Dana Nessel.
And the people who fought to win marriage equality in Indiana believe such a ruling would go in their favor.
“The one thing that seems to be certain in this area, is that the case law does seem to strongly support the fact that there is a right of marriage equality,” said Ken Falk of the ACLU of Indiana.
A Supreme Court ruling would likely come in June of 2015 at the earliest.