The Supreme Court hasn't decided to review same-sex marriage, but it will consider appeals from state officials over court rulings that struck down bans during its closed-door conference on September 29. The justices added cases from Indiana, Oklahoma, Utah, Virginia and Wisconsin where courts ruled that bans were unconstitutional to their schedule.
As Brent Kendall The Wall Street Journal explains, this private meeting is a chance for the justices to go over all the appeals cases that were decided during its summer recess. The court then adds some of those cases to its docket for the new court season.
Those for and against gay marriage are hoping that some of the gay marriage cases will make the cut. Officials from Indiana and Wisconsin asked the court as recently as Tuesday to overturn the Indiana and Wisconsin decision. The gay couples who won the cases in Indiana and the other four states also favor a review.
And as USA Today notes, there could be more cases for the court to consider:
A ruling is expected from the U.S. Court of Appeals for the 6th Circuit on cases from Ohio, Michigan, Kentucky and Tennessee. And just this week, the 9th Circuit heard oral arguments in cases stemming from Idaho and Nevada. Cases from Texas and Florida remain at the appellate court level."
The 6th Circuit cases are especially interesting given that, as Kendall writes, the court is expected to uphold those states' bans. If that happens, "it’s a virtual certainty" that SCOTUS would weigh in.