Utah becomes first state to file for cert

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U.S. Supreme Court

On Tuesday, Utah became the first state to file a writ of certiorari, commonly referred to as cert, with the U.S. Supreme Court to uphold its marriage ban.

In June, the Tenth Circuit Court of Appeals ruled Utah’s marriage ban unconstitutional, the first such ruling by a federal appeals court.

The state had three choices. It could have accepted the ruling and begun issuing marriage licenses. It could have could have asked for a hearing en banc, meaning a new hearing would have been held at the appeals court level, but this time heard by the entire court, rather than a three-judge panel. Or, as it did, it could have appealed to the U.S. Supreme Court.

Two other states that have received appeals court rulings— Oklahoma and Virginia — also may file writs of cert. Four additional states’ cases — Michigan, Ohio, Kentucky and Tennessee — were heard by an appeals court this week and may appeal to the U.S. Supreme Court once a ruling is handed down.

The U.S. Supreme Court is in recess and reconvenes the first Monday in October. That’s when they’ll begin to decide which cases to hear during the upcoming session. If a marriage case is heard, a decision isn’t expected until June 2015. Traditionally, the most controversial decisions are left until the last day of the session. The court may also decide not to take a case during the 2014-15 session to allow more lower courts deal with the issue before hearing a case the following session.

—  David Taffet

What’s Brewing: Key Prop 8 decision coming; marriage ban advances in Ind.; Gaga hatefest

Your weekday morning blend from Instant Tea:

1. The California Supreme Court is set to consider today whether it believes Prop 8 supporters have legal standing to defend the same-sex marriage ban in federal court, after state officials refused to do so. The U.S. 9th Circuit Court of Appeals, which is currently reviewing the case, has asked the California Supreme Court for an opinion on the matter. And the decision about standing could determine whether the Prop 8 case applies only to California or affects same-sex marriage throughout the country. In other words, this is kinda big.

2. If and when same-sex marriage bans are ultimately declared unconstitutional by the U.S. Supreme Court, Indiana apparently wants to be one of the states that was on the wrong side of history. Indiana’s newly Republican-dominated House voted overwhelmingly Tuesday to place a constitutional amendment on the ballot that would ban not only same-sex marriage, but also civil unions and domestic partnerships. The good news is the amendment can’t actually appear on the ballot until 2014 because it must first be approved by two separately elected legislatures. But in case it hadn’t dawned on you yet, those tea party nuts were lying to your face when they said they only care about fiscal issues.

3. Some gays are turning against Lady Gaga and rejecting their own so-called anthem, “Born This Way,” according to various media reports including this one. But the most amusing critique we’ve seen thus far comes from the Zeitgeisty Report, which suggests that Gaga HATES gay people: “Take for instance the very first part of the song where Gaga comes right out and accuses gay people of having paws instead of hands or feet. Yep, Lady Gaga officially thinks gay people are animals.”

—  John Wright