By Cherri Gregg
PHILADELPHIA (CBS) — A federal court bucked a trend set by 20 other courts this week when it upheld Louisiana’s ban on same sex marriage. It could push the US Supreme Court to rule on marriage equality sooner than originally thought.
For the first time since the US Supreme Court struck down the Defense of Marriage Act– a federal court upheld a state ban on same sex marriage, as well as its refusal to recognize gay marriages legally performed in other states.
“There is still opposition to same sex marriage out there. And there are judges who share that opposition.”
Penn Law professor Kermit Roosevelt with analysis of Wednesday’s ruling:
“It takes probably the most reasonable position that it could have– which is to say this is a very significant change– ordinarily we like to let changes like this come about through the democratic process and I don’t see anything clear in the constitution that says otherwise.”
Roosevelt says the 5th circuit must rule before the case goes to the Supreme Court.
Then on Thursday, the Seventh Circuit struck down same sex marriage bans in Wisconsin and Indiana. That same day, 32 states both for and against same sex marriage filed briefs asking the high court to step in.
“If we end up with a difference of opinion among the US Court of Appeals– if the 5th circuit agrees that the Louisiana ban is okay– that would make the Supreme Court review more likely, but I think the Supreme Court was going to review this issue anyway.”
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