Supreme Court Justice Antonin Scalia says the high court will take up one or more of the same-sex marriage cases “soon,” possibly ending speculation over whether SCOTUS will get involved.
The conservative Justice was speaking to an audience at the University of Colorado on Wednesday, when a student asked when [or if] the Supreme Court would take up one or more of the pending same-sex marriage cases currently waiting in queue.
“I know when, but I’m not going to tell you,” he reportedly replied, getting a big laugh from the audience. “Soon! Soon!” he added.
Scalia’s answer could be the end to wide-spread speculation that SCOTUS wouldn’t take up the issue at all, given that every appellate court that has ruled on the issue so far has unanimously decided that bans on same-sex marriages are unconstitutional.
Just a short time ago, Justice Ruth Bader Ginsburg told reporters that the court was specifically waiting to see if there was any disagreement among the appellate courts. Then, after the same-sex marriage cases were nowhere to be found this week in SCOTUS’ list of cases they had decided to take on during their private conference, rumors that the high court would reject the issue grew.
While it is still possible that we could find out next week that the Justices will take up the case this term, it is beginning to look more likely that they will hold off until the upcoming rulings by the 6th and 9th circuit courts. Or perhaps they’re just building the drama.
Only time will tell. But with Scalia’s statement, we can now safely assume that outright rejection of the cases is unlikely.
If the court does take up the issue, it could exclusively use Utah’s case, one of the other states’ that have also had their same-sex marriage bans overturned, or a combination of all of them.