Gay Marriage Cases Reach Federal Appeals Court

A federal appeals court is set to hear arguments in six gay marriage fights from four states: Kentucky, Michigan, Ohio and Tennessee, in the biggest such session on the issue so far, according to Reuters.

Three judges of the 6th U.S. Circuit Court of Appeals in Cincinnati will consider arguments Wednesday that pit states' rights and traditional, conservative values against what plaintiffs' attorneys say is a fundamental right to marry under the U.S. Constitution, Reuters reported.

Michigan's and Kentucky's cases stem from rulings striking down each state's gay marriage bans, while Ohio's case deals only with the state's recognition of out-of-state gay marriages, according to Reuters. Tennessee's is narrowly focused on the rights of three same-sex couples.

Attorneys on both sides in the Michigan and Ohio cases will go first and get a half-hour each to make their cases, Reuters reported. Kentucky and Tennessee will follow, with 15 minutes for each side from both states.

Hundreds of gay marriage supporters rallied Tuesday at a park near Cincinnati's riverfront on the eve of the court arguments, according to Reuters.

The Rev. Mary Moore of Dayton, interim minister at the Miami Valley Unitarian Universalist Fellowship church, says she has performed many services of "holy union" for same-sex couples, but they are not recognized by the state, Reuters reported.

"It's not fair that all of the marriages I perform aren't allowed to be on an equal basis," she said, according to Reuters.

Since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year, gay marriage advocates have won more than 20 victories in federal courts, Reuters reported. No decision has gone the other way in that time.

Constitutional law professors and court observers say the 6th Circuit could deliver the first victory to gay marriage opponents, according to Reuters.

If the 6th Circuit decides against gay marriage, that would create a divide among federal appeals courts and put pressure on the U.S. Supreme Court to settle the issue for good in its 2015 session, Reuters reported.

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