A panel of the U.S. Court of Appeals for the 6th Circuit upheld same-sex marriage bans in four states Thursday afternoon, creating a split among the nation’s appeals courts that almost surely means the Supreme Court must take up the issue of whether gay couples have a constitutional right to marry.
The panel ruled 2 to 1 that while gay marriage is almost inevitable, in the words of U.S. Circuit Judge Jeffrey Sutton, it should be settled through the democratic process and not the judiciary. The decision overturned rulings in Michigan, Ohio, Tennessee and Kentucky, and makes the 6th Circuit the first appeals court to uphold state bans since the Supreme Court in 2013 struck down part of the federal Defense of Marriage Act.
The Supreme Court began its term last month by declining to hear appeals of decisions that had struck down same-sex marriage bans, greatly expanding the number of states in which gays may marry.